Many personal injury cases settle before they go to trial. A settlement is an agreement between the plaintiffs and the defendant to settle a dispute. A structured settlement payout can be in the form a lump sum payment or a periodic payment. When structuring a settlement there are many factors you should consider, such as the nature of your injury, future costs, the ability of the defendant to pay and the ability of the plaintiff to pay for the costs of going on trial.
To structure a settlement, the first step is to determine the future value of the damages. This involves estimating the future damages due to the injury. The present value is the amount that would be needed today to pay all future costs. If the future medical expenses are $100,000, then the present value is $100,000 multiplied with the discount rate. The discount rate is the rate at which you could earn a return on an investment that has the same risk as future damages. If the discount rate was 5%, then the present value for future medical expenses would be $100,000 multiplied with 0.05 or $5,000.
Next, determine the defendant’s financial ability to pay. This involves assessing the defendant’s financial resources and any insurance coverage. The plaintiff might want to make periodic payments if the defendant has low income or assets. This would ensure that the plaintiff gets some compensation even if defendant is unable or unwilling to pay full amount.
The last step is to determine whether the plaintiff can afford the trial costs. This includes hiring an attorney and any expert witnesses. In order to avoid getting into debt, the plaintiff may be willing to settle for a smaller amount if he or she does not have the financial means to pay these costs.
It is important to take into account all the above factors when structuring a settlement. This will allow you to maximize your compensation and ensure that you have the funds to pay for the trial costs.
The statute of limitations is another important aspect to be aware of when structuring a settlement. This is the time the plaintiff must file a lawsuit. The plaintiff cannot recover damages if he or she does not file a suit within the prescribed time limit. It is important that you consult an attorney about the applicable statute of limitations.
Sometimes, the plaintiff might be willing to settle for a smaller amount to avoid trial. Because trial costs can be high and the plaintiff may not win, this is a good option. Although the plaintiff may win, the amount awarded to him or her could be higher than the settlement offer.
You should also consider the tax implications of any settlement. The plaintiff will have to pay taxes on any lump-sum payment if the settlement is in form of a settlement. Before accepting any settlement offer, it is a good idea to speak with a tax advisor or accountant.
There are many things to take into consideration when structuring a settlement. You can maximize your compensation by taking the time to fully understand the available options.
