วันอาทิตย์ที่ 29 มกราคม พ.ศ. 2555

Structured Settlement Lump Sum - What You Need to Know



When both the lawyer of the defendant and the lawyer of the complainant know how a certain lawsuit will turn out, they strongly recommend their clients to have an agreement outside of the court. Most of the time, it is the lawyer of the defendant who initiates the discussion of this agreement. This is because he knows very well that his client will either face bankruptcy or a huge one-time expense once the ruling of the court is released. The discussion almost always ends up with an agreement such that the lawsuit becomes dismissed if the defendant agrees to periodically pay a certain amount of money to the complainant until a declared amount is reached. This agreement is called structured settlement. However, there are times when the complainant wishes to obtain the total amount of money declared on the agreement in just one strike. This one-time big money payment is also known as structured settlement lump sum.

There are several reasons why a complainant (known as the "claimant," once the settlement has been agreed) will want to obtain the structured settlement lump sum. One is because of an emergency expense that requires immediate payment of a huge sum, such as an immediate medical treatment. Another reason could be that the claimant wants to immediately pay a debt, such as a loan on a car, because the interest that it may procure over time is larger than the total value of the structured settlement. It could also be that an immediate purchase has to be done, or that the claimant sees an investment that will give greater returns than the total value of the settlement.

Whatever the reason could be, a claimant who wishes to obtain a structured settlement lump sum should not expect to obtain a sum of money that is equal or greater than the total value of his settlement. This is because in order to obtain the lump sum, there should be a buyer for the settlement. In order for a claimant to have a structured settlement lump sum, he has to sell his settlement to prospect buyer. The buyers of a settlement will always seek minimize the price that he has to pay for the settlement in order for him to maximize his profit, while the sellers will always seek to sell his settlement on the highest possible price. A negotiation on this matter will keep on going, until the transaction of transferring the structured settlement is agreed upon by both parties.

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