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The Anatomy of a Lawsuit (Contemporary legal education series)
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by Peter N. Simon
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Settlement Funding: Knowing The Legalities

Many settlement funding cases result in the structured format because of the immediate circumstances connected with them. In case you have been injured in a road accident, for example, and you need money from your settlement immediately to pay your medical bills, you would rather have your money now than wait for a large sum of money that may come to you later. You are forced to go for the faster solution especially because your health is your primary concern above anything else.

 

You should however carefully weigh the pros and cons before you decide on whether you should opt for a structured settlement. Maybe if your injury is not life-threatening, or if you have other sources of money for your medical bills, you might think twice before agreeing to the structured settlement option in the case of settlement funding that you are after. But if your funds are inadequate for the ongoing expenditures brought on due to injury then a structured settlement could be your better option.

The decision to opt for a structured settlement will be a binding one, and although the terms of the settlement may seem loose enough, you cannot change it once you have signed the agreement. Should you feel the need to modify the agreement later you will need a lawyer to look into a possible change in the terms of the agreement. Neither will you be able to use the structured settlement to obtain a new loan to raise more money for your expenses.

There are companies that will purchase the rights to your structured settlement cash, but they are in it for the investment potential. They will pay you the current day value of your settlement amount, excluding the invested sum, but you might opt for it if you feel that the structured settlement is not working well for you.

When consulting a lawyer about a possible structured settlement arrangement, consider your situation and requirements carefully. Some of the things you might want to clarify from him before making a decision could include:

1. What are the pros and cons of the program?

2. Does the attorney you are talking to have previous experience in negotiating structured settlements?

3. Are you better off with getting the money all at once or in installments?

4. Can you avail of tax benefits?

5. Will you get enough money fast enough to cover all your expenses?

6. What happens if you need more money later?

7. Can you change the terms of the structured settlement later?

8. Can you change the program and opt for a lump sum payment at a later date?

It is a good idea to have this list of questions ready before you speak to the lawyer. Once you meet the lawyer you will be able to judge his experience in dealing with such matters. Just be sure your lawyer has your best interest at heart. There might be a need for you to seek other's views on the problem.

You should first have the right answers to the legal questions on a structured payment option for the settlement funding case before you make a decision on it.



 

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