💰 Cashing in on Your
Settlement: The Ins and Outs of Getting Paid Now
Table of Contents
- Introduction
- What is a Settlement?
- Why Sell a Settlement?
- How Selling a Settlement
Works
- Determining the Value of Your Settlement
- Finding a Settlement Purchaser
- Negotiating and Finalizing the Sale
- Tips for Getting the Best
Price
- Understand Your Situation
- Research Settlement Buyers
- Negotiate the Best Terms
- What to Do with the Money
- Pay Down Debt
- Invest for the Future
- Improve Your Quality of Life
- Pros of Selling Your
Settlement
- Immediate Lump Sum Payment
- Avoid Waiting Years for Payouts
- Reduce Stress and Uncertainty
- Cons of Selling Your
Settlement
- Lower Total Payout
- Lost Future Income Stream
- Tax Implications
- Alternatives to Selling
- Borrowing Against Settlements
- Settlement Advances
- Structured Settlement Annuities
- How to Find the Right
Settlement Buyer
- Research Multiple Companies
- Check Credentials and Reviews
- Interview Final Candidates
- Questions to Ask Potential
Buyers
- Conclusion
- FAQs
Introduction
Selling a personal injury or
other legal 🤩 settlement can seem like quick and easy
money. A lump sum payment now rather than periodic payments over many years is
an attractive option for some settlement recipients. However, selling
settlements is complex, so it's important to understand the pros and cons to
make the best decision for your situation.️
What is a Settlement?
A settlement is money awarded to
an individual from an insurance company, government entity, or other party as
compensation, typically after filing a claim or winning a lawsuit related to an
accident, injury, medical issue, or other legally recognized harm.
Settlements can be provided
as:
- A one-time lump sum payment
- Multiple payments distributed
over an agreed timeframe
- An annuity with scheduled
payments over a set number of years
Settlements aim to cover expenses
like medical bills, lost wages, and pain/suffering resulting from whatever
situation warranted the compensation payment.
Why Sell a Settlement?
There are a few key reasons
someone with a pending settlement or settlement annuity payments might want to
sell their rights to future payouts:
Immediate
Lump Sum
Selling can allow faster access
to a chunk of settlement money instead of waiting potentially years for
scheduled payments. This enables paying pressing bills, debts, expenses without
going into debt.
Increased
Financial Flexibility
Opting for a lump sum gives
freedom over how to use the funds compared to being locked into an annuity
schedule. The flexibility aids in achieving financial goals.
Avoiding
Uncertainty
Selling provides guaranteed money
now instead of betting on receiving future settlement payments. It reduces
worries about market dips decreasing annuity installments or companies
declaring bankruptcy.
How Selling a Settlement Works
Selling all or part of a
settlement or annuity payments involves working with a dedicated settlement
purchaser.
Here is the basic process:
Determining the Value of Your Settlement
The first step is to receive a
valuation from potential buyers interested in purchasing rights to your future
settlement payments.
Valuations require providing
details about:
- Your situation resulting in the
settlement
- Total settlement amount and payment
structure
- Length and frequency of payment
schedule
- Applicable discount rates and
growth factors
With this information, buyers use
proprietary valuation models, life expectancy data, and expert experience to
estimate your settlement's net present value and make initial offers.
Finding a
Settlement Purchaser
Once you determine a goal price
for selling your settlement, the next step is finding an appropriate purchaser.
Settlement buyers are professional companies with years of experience and
specialty in this process.
Criteria for picking a
reputable and reliable settlement purchaser include:
- Years in business
- Total number of successfully
completed transactions
- Staff and leadership experts in
legal settlements
- High ratings and reviews from
legal and financial professionals
- Competitive offers and pricing
- Array of customer services like
getting best prices, legal consulting, managing court processes for transfers,
etc.
Negotiating and Finalizing the Sale
After selecting a settlement
purchaser, you can enter negotiations leveraging competing quotes from multiple
companies to get your optimal deal. Discuss all aspects like:
- Interest rates
- Fees
- Payment options
- Purchase amount percentages
- Contract terms and conditions
- Tax implications
The buyer also spends time fully
explaining the process for legally transferring settlement rights before
finalizing the sale.
Tips for Getting the Best Price
If your goal is maximizing the
money received from selling your settlements, keep these tips in mind:
Understand Your Situation
Carefully evaluate the details of
your existing or pending settlement before contacting any buyers. Know
settlement timeframes, recipients, amounts, structures, and origins.
Buyers need this information for
accurate valuations. Transparency from the start enables getting the highest
initial offers.
Research
Settlement Buyers
Comparison shop between numerous
reputable settlement purchasers. Their valuation algorithms, business costs,
and profit margins differ, resulting in a range of offers for buying your
settlement payments.
More bids competitively position
you during price negotiations.
Negotiate
the Best Terms
The initial offer likely won't be
the maximum a purchaser will pay. Determine what settlement rights percentage
and price meets your financial needs then negotiate to get as close as
possible.
Discuss adjusting interest rates,
closing costs, and payment options if needed to reach an optimal deal for you.
What to Do with the Money
If you sell your legal
settlement, it is smart to plan how to responsibly use your newfound lump sum
payout.
Some top options include:
Pay Down
Debt
Eliminating high interest debts
like credit cards or personal loans can save thousands in interest costs.
Paying off other fixed debts can significantly reduce expenses.
Invest
for the Future
Hiring a financial advisor to
develop a personalized investment strategy creates potential for settlement
sale proceeds to grow via stocks, mutual funds, real estate, etc.
Improve
Your Quality of Life
Consider indulging in a dream
purchase or experience you otherwise couldn't afford. Fund a vacation, car,
home renovation, early retirement, medical procedure, or passion project.
Just don't overspend on luxury
purchases without addressing financial foundations first via other suggestions
above. The lump sum will go quickly at that rate!
Pros of Selling Your Settlement
While the easy cash flow is
tempting, weigh the advantages and disadvantages carefully before finalizing a
settlement sale:
Immediate Lump
Sum Payment
The 1 driver for most sellers is
quick access to a portion of their settlement money without waiting years while
annuity payments slowly materialize. Cash now provides immediate debt relief or
investment capital missing when adhering to structured schedules.
Avoid
Waiting Years for Payouts
If a long-term payment plan
spanning decades is in place, an immediate payout brings forward funds that
sellers likely assumed were perpetually years away. This acceleration awards
financial flexibility at life stages where the money holds more impact potential.
Reduce
Stress and Uncertainty
Opting for guaranteed cash now eliminates
doubts if those legally bound will make good as promised on years of payments.
It also minimizes stress worrying about remaining financially solvent while
waiting on distant future settlement installments.
Cons of Selling Your Settlement
Despite the obvious positives,
several drawbacks of settlement sales need equal air time before deciding:
Lower
Total Payout
Due to taking payment upfront,
buyers attach pricing discounts plus fees lowering your bottom-line total
versus collecting the full settlement value over time. You sacrifice a
percentage for immediacy.
Lost
Future Income Stream
Tied to the above point, selling
cuts off rights to structured payments, often designed to support recipients
long-term or even span lifetimes. This reliable source of fixed income or cash
injections disappears after the sale.
Tax
Implications
While initially structured for
tax-free status, settlement sales often convert portions taxable as ordinary
income claiming money before typical retirement age. This creates an immediate
tax obligation reducing net payouts.
Alternatives to Selling
If sacrificing too much total
money gives pause or parting with future payments seems unwise, several
middle-ground options exist:
Borrowing
Against Settlements
Rather than selling the entire
asset, you can access lump sums borrowing against a portion of the present
value of remaining payments. This preserves rights to the income stream while
taking on manageable debt.
Settlement
Advances
Advance funding provides quick
access to part of a pending settlement without selling or borrowing against the
future asset. The advance is then paid back at an agreed rate once settlement
disbursements start flowing.
Structured Settlement Annuities
As part of finalizing a
settlement, negotiating structured payments aligned with major life expenses
(college, house, retirement, etc.) builds in bulk disbursements timed with
associated costs. This avoids sales while easing financial burdens as needs arise.
How to Find the Right Settlement Buyer
This big decision warrants
meticulously vetting potential buyers by:
Research
Multiple Companies
Go beyond just a web search.
Consult reputable rating sites, financial advisors, settlement planners,
lawyers, and court resources for referrals. Run names by your state insurance
and banking regulators.
Check
Credentials and Reviews
Verify longevity in the industry,
company principals' expertise, leadership stability, number of clients served,
plus satisfaction scores from rating bureaus and organizations like the Better
Business Bureau.
Interview
Final Candidates
Have an exploratory call with a
relationship manager to assess overall professionalism, responsiveness,
solicitation approach and pressure, and how well they educate you throughout
the process. Pay attention to good vibes indicating a trustworthy business
relationship.
Questions to Ask Potential Buyers
To start the vetting process,
asking smart settlement sale questions is key to determining reputable buyers
committed to your best interest:
- How many years have you been in
business purchasing legal settlements?
- Are you licensed and bonded in
my state to buy settlement payments?
- What settlement structures have
you purchased previously?
- What is your process for
verifying and valuing my settlement asset?
- What expenses, fees, or
commissions do you charge sellers?
- Can you provide seller reviews,
testimonials, or portfolio examples?
- Will you provide the purchase
offer in writing ahead of any agreement?
- If I want to move forward, what
are the next steps in the sales process with your company?
- Do you have financial advisors,
legal consultants, or structured settlement pros available for guidance?
- Outside the purchase amount,
what complimentary services do you offer sellers throughout the process?
Asking the right questions along
with doing comprehensive research protects against settlement scams and ensures
you select a buyer that is fully transparent regarding expectations, delivers
on promises, and follows strict ethical business practices.
Conclusion
Selling legal settlements or
structured settlement payment streams is a personal financial decision with
many factors to weigh carefully. The lump sum cash payout provides exciting
opportunities to improve life dramatically but at the cost of forfeiting funds
down the road you likely counted on to some degree.
Ultimately this choice comes down
to your current situation and determining if immediate access to settlement
funds now outweighs sticking it out to collect guaranteed income over future
years. Either path forward takes prudence selecting professional partners plus
resisting rash decisions in the face of flashy advertising or persuasive sales
pitches proposing instant solutions.
Arm yourself with education and
expert perspectives, know your needs and risk tolerance levels, then make the
most informed decision possible concerning selling your settlement.
FAQs
What percentage of my settlement can I sell?
Most buyers allow selling between
10%-50% of your total structured settlement or pending legal claim value.
Factors impacting sale portions include payment timeframe, claimant age/life
expectancy, applicable discount rates, and the company's risk tolerance.
How much money will I get selling my $500,000
settlement?
Assuming a $500,000 settlement
paying over 30 years and selling 30% to a buyer, the estimated lump sum payout
would equal around $108,000, minus any transaction fees the purchaser charges.
The exact offer depends on proprietary pricing models reflecting prevailing
interest rates.
How long does the process take to sell my
settlement payments?
Completing a settlement sale
usually takes 2-8 weeks from initial inquiry to funded disbursement. Timelines
vary between buyers and depend on verifying settlement details, transfer
approvals, and court petition processing (for annuities). Complex cases may
span 6+ months.
What costs or fees will I pay when selling my
structured settlement?
When selling to an established
buyer, expect to pay $1500-$3000 in administrative, underwriting, and closing
costs. Attorneys charge around $750+ to petition courts approving annuity
transfers. Some states levy transfer taxes too. Reputable buyers disclose all
fees upfront.
Where can I get free advice about selling my
settlement asset?
Consult a personal financial
advisor, estate attorney, certified public accountant, or structured settlement
consultant before finalizing a settlement sale. Many provide hourly consults or
simple answers gratis to establish the relationship.
What happens if I sell my structured settlement
then need money later?
Without legal settlement payments
forthcoming, seek money sources like 401k loans, borrowing against your home
through a second mortgage or HELOC, personal short-term loans, and credit cards
or lines of credit if necessary. Each option carries fees or interest charges
reducing net income.
Do I have to pay taxes on my lump sum settlement
payout?
If under retirement age, the IRS
treats most of your accelerated settlement payments as ordinary taxable income
versus deferred payments qualifying as tax-free personal injury awards. Expect
to pay federal/state taxes reducing proceeds around 20%-30% (or more).
Is selling my settlement payments safe?
Established legal settlement
purchasers with long track records pose little risk when adhering to mandated
processes overseen by settlement administrators, courts, regulators, etc. Check
licenses, credentials, and seek specialist advice beforehand when uncertain.
How do settlement companies calculate how much
my payments are worth?
Settlement purchasers use
actuarial formulas incorporating your age, gender, payment amounts/frequency,
length remaining, applicable discount rates, life expectancy averages, and
other proprietary data modeling elements to derive net present valuations. The
inputs differentiate offer variances between companies.
What are red flags signaling a settlement buyer
I should avoid?
Be wary of new or unfamiliar
companies without verifiable management teams. Reject guarantees of highest
payouts or pressure selling tactics. Any vagueness around processes,
qualification criteria, or fees may mask unsavory business practices. If
uncertain, trust your intuition - many established reputable buyers exist!