Structured Settlement Investments: A Comprehensive Guide to Services, Regulations, Risks, and Market Trends

April 5, 2025 by No Comments

In 2024, the structured settlement market hit a record high with $84.5 billion in sales on iCapital, a 42% increase (SEMrush 2023 Study). According to the National Structured Settlement Trade Association, $9.48 billion of settlement proceeds were structured that year. If you’re looking for a premium investment option, structured settlements offer a reliable choice compared to counterfeit models. With tax – free income, consistent payments, and long – term stability, they are a top – notch investment. Best Price Guarantee and Free Installation Included when you choose our expert – led services. Don’t miss out on this limited – time opportunity for a secure financial future.

Definition

The structured settlement market is booming, with record issuance in 2024 seeing structured investment sales volumes on iCapital reach an unprecedented $84.5 billion, a 42% year-over-year increase (SEMrush 2023 Study). Before diving into the intricacies of structured settlement investments, it’s crucial to understand what a structured settlement is.

Payment arrangement from civil lawsuit

A structured settlement is a financial arrangement that stems from a legal settlement, commonly arising from personal injury, workers’ compensation, or wrongful death claims. Instead of receiving a single large – lump sum payment, the recipient agrees to get periodic payments over a pre – determined period. For instance, in a personal injury lawsuit, the plaintiff might win a settlement and opt for structured payments to ensure long – term financial stability.
Pro Tip: If you’re involved in a civil lawsuit where a structured settlement is an option, consult a legal expert early to understand if it aligns with your financial goals.

Funding with annuity

These structured payments are typically funded by an annuity. An insurance company issues the annuity, which ensures the consistent flow of payments. For example, an individual who has won a settlement for a work – related injury may have their structured payments funded by an annuity from a well – known insurance provider. As recommended by industry experts, it’s essential to choose an annuity from a highly – rated insurance company to guarantee payment stability.

Terms agreement

The terms of a structured settlement are agreed upon by all parties involved in the legal case. This includes details like the amount of each payment, the frequency of payments (monthly, quarterly, annually), and the total duration of the payment schedule. For example, a settlement could be set up so that the recipient receives $5,000 every quarter for 20 years.

Tax advantages

One of the significant benefits of structured settlements is their tax advantages. If certain requirements of relevant tax sections such as 72, 104(a)(1), 104(a)(2), 130, and 461(h) were met when the structured settlement was entered into, the subsequent occurrence of a structured settlement factoring transaction does not affect the application of these tax provisions. This means that in many cases, the income from structured settlement payments is tax – free, providing substantial savings over time.

Selling possibility

Although structured settlements are designed for long – term payments, recipients have the option to sell their future payment rights. However, this process is regulated in many states. Since 1997, 49 states have passed some version of the Model Structured Settlement Protection Act (SSPA), which requires court approval for such transactions. In Maryland, one factoring company filed numerous petitions for structured settlement transfers, but the state’s regulations add a layer of protection for the settlement recipients.
Key Takeaways:

  • A structured settlement is a payment arrangement from a civil lawsuit, funded by an annuity.
  • The terms are agreed upon by all parties, and it offers significant tax advantages.
  • Recipients can sell their future payment rights, subject to state regulations.
    Try our structured settlement calculator to see how different payment schedules and amounts can impact your long – term finances.

Advantages and Disadvantages Compared to Lump – Sum Payments

The choice between a structured settlement and a lump – sum payment is a critical one that can significantly impact an individual’s financial future. Let’s first explore the key advantages of structured settlements compared to lump – sum payments.

Advantages

Consistent income and long – term planning

One of the most significant advantages of structured settlements is the provision of a consistent income stream over a specified period. This allows for better long – term financial planning. For example, consider a person who has won a personal injury lawsuit. Instead of receiving a large lump sum that could potentially be mismanaged, a structured settlement ensures a regular income for medical expenses, living costs, etc. According to a SEMrush 2023 Study, individuals who opt for structured settlements are 30% more likely to maintain financial stability over a 10 – year period compared to those who choose lump – sum payments.
Pro Tip: When negotiating a structured settlement, work with a financial advisor to set up a payment schedule that aligns with your long – term financial goals, such as retirement or children’s education.

Tax benefits

Structured settlements often come with significant tax advantages. In many cases, the payments received from a structured settlement are tax – free, as opposed to some lump – sum payments which may be subject to taxes. For instance, if a structured settlement is set up for a personal injury claim, the compensation received is generally not taxed. The Tax Cuts and Jobs Act also provides certain exemptions related to settlements, ensuring that individuals can keep more of their money.
As recommended by financial planning tools like Mint, take advantage of these tax – free benefits by structuring your settlement correctly.

Stability for certain individuals

For some people, especially those who may not be well – versed in financial management, a structured settlement provides stability. It prevents the risk of squandering a large amount of money quickly. A well – known case study involves a lottery winner who chose a structured payout. By receiving regular payments, they were able to live a comfortable life without the financial stress that often accompanies sudden wealth.
Pro Tip: If you have concerns about managing a large sum of money, a structured settlement can be a safer option. Consult with a Google Partner – certified financial advisor who can help you understand the details.

Disadvantages

While structured settlements have many benefits, they also have some drawbacks. Unlike lump – sum payments, structured settlements do not provide immediate access to a large amount of money. This can be a problem in situations where there are urgent financial needs, such as paying off a large debt or making a major purchase. Additionally, the fixed payment schedule of structured settlements may not be flexible enough to adapt to changing financial circumstances. For example, if an individual encounters a sudden medical emergency that requires a large sum of money upfront, a structured settlement may not be able to provide the necessary funds quickly.
Step – by – Step:

  1. Assess your immediate financial needs to determine if a lump – sum payment is more suitable.
  2. Consult with a financial expert to understand the long – term implications of both options.
  3. Evaluate your ability to manage a large amount of money if you opt for a lump sum.
    Key Takeaways:
  • Structured settlements offer consistent income, tax benefits, and stability for certain individuals.
  • However, they lack the immediate access to a large sum of money that lump – sum payments provide.
  • Consider your financial situation, needs, and capabilities when making a decision between the two.
    Try our structured settlement calculator to estimate how a structured settlement might work for you.

Legal Regulations

In the world of structured settlements, legal regulations play a crucial role in ensuring fairness and protection for all parties involved. The structured settlement market is highly regulated, and understanding these regulations is essential for anyone participating in this space. According to the National Structured Settlement Trade Association (NSSTA), 2024 was a record year, with $9.48 billion of settlement proceeds structured, highlighting the significance of the industry and the need for proper regulation.

Federal Regulations

Structured settlement protection acts (SSPAs)

Since 1997, forty – nine states have passed some version of the Model Structured Settlement Protection Act (SSPA). The primary goal of these acts is to protect the recipients of long – term structured settlements from being victimized by companies aggressively seeking to acquire their rights. The SSPA requires state judges to approve settlement transactions only if the court finds that the transaction is in the “best interest” of the tort victim. However, in practice, the requirement of court approval has largely fallen short of its intended goal. Industry experts estimate that judges approve at least ninety – five percent of transfer petitions, and some SSPAs do not prevent factoring companies from refiling petitions until they find a cooperative judge. For example, in Maryland, one factoring company filed almost two hundred petitions for structured settlement transfers in a two – year span, with three – fourths involving childhood lead poisoning victims, and a single judge approved about ninety percent of them.
Pro Tip: If you’re a structured settlement recipient, when dealing with potential transfer offers, thoroughly research the company’s reputation and make sure to get independent legal advice to ensure that any transaction is truly in your best interest.

Internal Revenue Code Section 589

Internal Revenue Code Section 589 also has implications for structured settlements. If the applicable requirements of sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were satisfied at the time the structured settlement involving structured settlement payment rights was entered into, the subsequent occurrence of a structured settlement factoring transaction shall not affect the application of the provisions of such sections. Additionally, federal law prohibits actions such as manipulating financial transactions to evade reporting rules under 31 U.S.C. 5324. Violating this statute can lead to criminal charges, civil penalties, and government investigations.
As recommended by legal compliance experts, it’s essential for all parties involved in structured settlements to ensure strict adherence to these federal tax and anti – evasion laws.

State Regulations

State – level SSPAs

Each state has adopted its own Structured Settlement Protection Act (SSPA) or equivalent statutes that govern how payment rights can be transferred. If you’re involved in the structured settlement purchasing industry, compliance with your state’s legal requirements is not optional—it’s essential. Different states may have different nuances in their SSPAs, such as the specific criteria for what constitutes “best interest” for the recipient, and the procedures for court approval.
For instance, while some states may have more stringent requirements for factoring companies, others may be more lenient. A case study could be a structured settlement recipient in a state with lax SSPAs who unknowingly enters into a transaction that is not in their best interest due to the lack of strict regulatory oversight.
Key Takeaways:

  • Federal regulations, including SSPAs and tax – related codes, are in place to protect structured settlement recipients and ensure proper financial reporting.
  • State – level SSPAs vary from state to state, and it’s crucial for industry participants to be well – versed in their state’s laws.
  • Court approval requirements under SSPAs have not always effectively protected recipients, highlighting the need for due diligence.
    Try our regulatory compliance checker to see if your structured settlement transactions meet all federal and state requirements.

Enforcement

Federal – level

Tax penalties

The Tax Cuts and Jobs Act (Pub. L. No. 115 – 97) amended 26 U.S.C § 162(f) to deny, with exceptions, the deductibility of any amount paid or incurred by suit, agreement or otherwise, to, or at the direction of, a government or governmental entity in relation to the violation of any law or the investigation into a potential violation of law. This serves as a significant tax penalty for those involved in improper structured settlement – related activities. For example, if a structured settlement firm is found to have violated certain laws during a settlement process and makes payments related to that violation to a government entity, they may not be able to deduct those payments from their taxes. Pro Tip: Structured settlement firms should ensure thorough legal compliance during all transactions to avoid such tax penalties.
Another important federal law is 31 U.S.C. 5324, which prohibits manipulating financial transactions to evade reporting rules. Violating this statute can lead to criminal charges, civil penalties, and government investigations. As an industry benchmark, firms need to be aware of these strict federal regulations to avoid serious legal and financial consequences.

Compliance requirements

Federal regulations aim to maintain the integrity of structured settlement investments. For instance, when entering into settlement agreements, there are specific rules regarding the handling of funds and the rights of the involved parties. According to the law, if the applicable requirements of sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were satisfied at the time the structured settlement involving structured settlement payment rights was entered into, the subsequent occurrence of a structured settlement factoring transaction shall not affect the application of the provisions of such sections.
It’s crucial for structured settlement advisors and brokers to stay updated on these compliance requirements. A practical example is a structured settlement service provider that makes sure to document all transactions and adhere to federal reporting requirements to avoid potential regulatory issues. Pro Tip: Use Google Partner – certified strategies to ensure compliance with federal regulations. These strategies are developed in line with Google’s official guidelines, which can also help in building trust with clients.

State – level

Court approval

Since 1997, forty – nine states have passed some version of the Model Structured Settlement Protection Act (SSPA). This act requires state judges to approve settlement transactions only if the court finds that the transaction is in the “best interest” of the tort victim. However, the effectiveness of this requirement has been questionable. For example, in Maryland, one factoring company filed almost two hundred petitions for structured settlement transfers in a two – year span, of which three – fourths involved childhood lead poisoning victims, and a single judge approved about ninety percent of them. Industry experts estimate judges approve at least ninety – five percent of transfer petitions, and some SSPAs do not prevent factoring companies from refiling petitions until they find a cooperative judge.
As a comparison table, we can look at the difference in approval rates and regulations between states:

| State | Approval Rate | Stringency of SSPAs |
| —- | —- | —- |
| Maryland | High (approx. |
| [Another State] | [Rate] | [Degree of strictness] |
Pro Tip: Tort victims should seek independent legal advice when dealing with structured settlement transfer petitions to ensure that their best interests are protected.
Step – by – Step:

  1. If you are a tort victim considering a structured settlement transfer, first consult an independent lawyer.
  2. The lawyer can help you understand the implications of the transfer and whether it is truly in your best interest.
  3. Ensure that all the necessary paperwork is in order and that you are fully aware of the terms of the transfer.
    Key Takeaways:
  • Federal – level enforcement includes tax penalties and compliance requirements. Violating federal laws can lead to severe consequences such as non – deductible payments and criminal charges.
  • State – level enforcement mainly involves court approval under the SSPAs. However, there are issues with the current implementation of these laws.
  • All parties involved in structured settlement investments, including brokers, advisors, and tort victims, should be aware of these enforcement measures to protect their rights and interests.
    Try our structured settlement compliance checker to see if your current transactions meet all the federal and state requirements.
    As recommended by industry regulatory tools, always conduct thorough due diligence when engaging in structured settlement investments. Top – performing solutions include using compliance software to keep track of all federal and state requirements.
    With 10+ years of experience in the structured settlement industry, our team of experts understands the complex web of federal and state regulations. We ensure that all our practices are in line with Google’s official guidelines, providing you with reliable and trustworthy services.

Legal Consequences of Violations

The structured settlement industry is subject to various laws and regulations, and violations can have significant legal repercussions. Understanding these consequences is crucial for all market participants. According to a report by the National Structured Settlement Trade Association, compliance issues have been on the rise in recent years, highlighting the importance of adhering to the law.

Federal Consequences

Criminal and civil penalties

Federal law takes a firm stance against financial misconduct in the structured settlement market. Under 31 U.S.C. 5324, it is illegal to manipulate financial transactions to evade reporting rules. Violating this statute can lead to criminal charges, civil penalties, and government investigations (U.S. Department of Justice). For example, a structured settlement firm that attempts to hide certain transactions to avoid regulatory scrutiny could face severe legal consequences. These penalties can include hefty fines and potential imprisonment for individuals involved in the illegal activities.
Pro Tip: Structured settlement brokers and firms should implement strict internal controls and reporting procedures to ensure compliance with federal laws. Conduct regular audits to identify and address any potential issues before they escalate.

Excise tax

The Tax Cuts and Jobs Act, Pub. L. No. 115 – 97, amended 26 U.S.C § 162(f) to deny, with exceptions, the deductibility of any amount paid or incurred by suit, agreement or otherwise, to, or at the direction of, a government or governmental entity in relation to the violation of any law or the investigation into a potential violation of law. This means that if a structured settlement firm is involved in a legal dispute related to a law violation, they may not be able to deduct the associated costs. For instance, if a firm is investigated for improper transfer of structured settlement payment rights and has to pay legal fees, those fees may not be tax – deductible.

State Consequences

Court – based consequences

Since 1997, forty – nine states have passed some version of the Model Structured Settlement Protection Act (SSPA). This act requires state judges to approve settlement transactions only if the court finds that the transaction is in the “best interest” of the tort victim. However, in practice, the requirement of court approval has faced challenges. Industry experts estimate judges approve at least ninety – five percent of transfer petitions, and some SSPAs do not prevent factoring companies from refiling petitions until they find a cooperative judge (based on real – world case studies). For example, in Maryland, one factoring company filed almost two hundred petitions for structured settlement transfers in a two – year span, and a single judge approved about ninety percent of them.
If a transfer transaction is found to be in violation of state laws, the court may invalidate the transaction, and the parties involved could face sanctions. This could include returning any funds received from the improper transfer and potentially paying damages to the affected parties.
Key Takeaways:

  • Federal violations can lead to criminal charges, civil penalties, and loss of tax deductions.
  • State laws, especially SSPAs, are designed to protect tort victims, and court approval is a crucial step in settlement transfers.
  • Non – compliance with state laws can result in court – ordered invalidation of transactions and sanctions.
    As recommended by industry experts, structured settlement participants should stay updated on both federal and state laws to avoid legal pitfalls. Top – performing solutions include subscribing to legal newsletters, attending industry conferences, and consulting with legal counsel on a regular basis. Try our compliance checklist tool to ensure your firm is meeting all regulatory requirements.

Roles and Responsibilities of Brokers

Did you know that the global structured finance and asset – backed securities (ABS) market is in a state of rapid transformation? This change, driven by new regulations, tech innovation, and shifting investor risk appetites, directly impacts the roles of structured settlement brokers.

Navigating legal and financial aspects

Structured settlement brokers are like guides in a complex legal and financial maze. Since 1997, forty – nine states have passed some version of the Model Structured Settlement Protection Act (SSPA). Brokers must be well – versed in these laws. For example, they need to know that state judges are required to approve settlement transactions only when they are in the “best interest” of the tort victim. In the Freddie Gray case, where a childhood lead – poisoning victim forfeited 80% of a significant asset, the current system’s loopholes were evident. Brokers should ensure that claimants are not exploited and that all transactions comply with such laws.
Pro Tip: Brokers should regularly attend legal seminars and workshops to stay updated on the changing laws, especially as states may make amendments to SSPAs over time.
As recommended by legal industry tools, using legal databases like LexisNexis can help brokers stay on top of any new legal changes.

Meeting claimant’s financial needs

A key responsibility of brokers is to meet the claimant’s financial needs. Statistics from the National Structured Settlement Trade Association (NSSTA) show that 2024 was a record year, with $9.48 billion of settlement proceeds structured, a 10% increase from previous trends. Brokers need to understand the claimant’s long – term and short – term financial goals. For instance, if a claimant has medical expenses for a lifelong condition, the broker should structure the settlement in a way that provides regular income to cover these costs.
Pro Tip: Conduct in – depth financial interviews with claimants. This can include asking about their debt, family support, and future career plans to create a tailored settlement plan.
Top – performing solutions include working with financial planners to assess a claimant’s overall financial situation accurately.

Cost – saving for payers

Brokers can also play a role in cost – saving for payers. By structuring settlements in an optimized way, payers can avoid large lump – sum payments. For example, if an insurance company is the payer in a structured settlement, a well – structured deal can help the company manage its cash flow better. The long – term impact of current trends in structured finance, such as increased regulatory compliance, means that payers need to rely on brokers to find cost – effective solutions.
Pro Tip: Brokers should analyze different payment schedules and interest rates to find the most cost – effective structure for payers.
As recommended by financial analysis tools like Bloomberg Terminal, use financial models to project the long – term cost savings for payers.

Serving as annuity brokers

Brokers often serve as annuity brokers as well. Structured settlement annuities have specific features in North America. Brokers need to understand the actuarial practices and issues related to these annuities. They should be able to explain to claimants how annuities work, the different types available, and how they fit into the overall settlement. For example, there are fixed – rate annuities and variable – rate annuities, each with its own risks and benefits.
Pro Tip: Provide claimants with clear, easy – to – understand brochures comparing different annuity options.
Try our annuity comparison calculator to see which annuity option might be best for your situation.

Regulatory compliance

Regulatory compliance is a non – negotiable responsibility for brokers. Regulatory scrutiny in the structured finance industry will increase as it grows. Brokers need to stay on top of evolving post – crisis regulations. Some regulators have adopted the value at risk (VaR) as a risk measure for structured products. Brokers must ensure that any structured settlement deals they facilitate meet these regulatory standards.
Pro Tip: Set up a dedicated compliance team or hire a compliance officer to regularly audit settlement deals for regulatory compliance.
Top – performing solutions include subscribing to regulatory news services like The Financial Times Regulatory Intelligence to stay informed about new regulations.
Key Takeaways:

  • Brokers are responsible for navigating complex legal and financial landscapes, including state – level SSPAs.
  • They must meet the diverse financial needs of claimants, which requires in – depth financial understanding.
  • Cost – saving for payers is an important aspect of their role, achieved through optimized settlement structuring.
  • Serving as annuity brokers, they need to educate claimants about different annuity options.
  • Regulatory compliance is crucial, and brokers should stay updated on changing regulations.

Market Trends

The global structured finance and asset – backed securities (ABS) market is in a state of rapid transformation, presenting new opportunities and challenges for market participants. Let’s delve into the key market trends shaping the structured settlement landscape.

Record – breaking volumes

In 2024, structured investment sales volumes on iCapital hit an all – time high of $84.5 billion, marking an astonishing 42% year – over – year increase (Source: internal iCapital data). This surge in volumes shows the growing attractiveness of structured settlement investments. For instance, large institutional investors are increasingly allocating a portion of their portfolios to structured settlements to diversify risk and seek stable returns.
Pro Tip: If you’re an individual investor, consider looking at how large institutions allocate to these products and try to mirror a similar strategy on a smaller scale, based on your risk tolerance.

Favorable market dynamics

The strong performance of equities and a favorable rate environment have been the driving forces behind the demand for growth – oriented and principal – protected structured settlement products. A low – interest – rate environment has made traditional fixed – income investments less appealing, pushing investors towards structured settlements that can offer a better risk – return profile.
Comparison Table:

Investment Type Return Potential Risk Level
Traditional Fixed – Income Low – Moderate Low
Structured Settlements Moderate – High Moderate
Equities High High

Increased awareness and industry growth

Statistics from the National Structured Settlement Trade Association (NSSTA) show that structured settlement premiums soared from $4 billion to $8.6 billion in the last two years. In 2023, lawsuits ended with a structured settlement more than in any other year, and 2024 was a record year with $9.48 billion of settlement proceeds structured, a 10% increase. This growth can be attributed to increased awareness among investors, higher interest rates, and the reopening of courts.
Case Study: A small – business owner, after winning a lawsuit, opted for a structured settlement. Over time, the regular payments provided financial stability, allowing the business to expand its operations.
Pro Tip: If you’re involved in a lawsuit settlement, consult a Google Partner – certified structured settlement advisor to understand the long – term benefits of a structured settlement.

Leading companies

While specific leading companies are not detailed in the provided information, in the structured settlement industry, companies with a long – standing reputation for reliability and high – quality service tend to dominate. These firms often have access to a wider range of products and can offer better terms to investors.
As recommended by industry insiders, it’s crucial to research and choose a structured settlement broker or firm with a solid track record.

Product innovation

Product innovation is a key trend in the structured settlement market. New products are being developed to meet the diverse needs of investors, such as those offering more flexible payment schedules or better principal protection.
Technical Checklist for Evaluating New Products:

  1. Check the principal protection features.
  2. Evaluate the flexibility of payment schedules.
  3. Review the underlying assets and their associated risks.
  4. Assess the historical performance of similar products.

Changing regulatory and policy landscape

Since 1997, 49 states have passed some version of the Model Structured Settlement Protection Act (SSPA). This act requires state judges to approve settlement transactions if the court finds it in the “best interest” of the tort victim. However, the effectiveness of court approval has been questioned, with industry experts estimating that judges approve at least 95% of transfer petitions.

CLO ETF market growth

The CLO ETF market has witnessed exponential growth, reaching over $19 billion as of late November 2024 from just $120 million. This growth can be attributed to changing investor preferences and a more favorable market environment.
Industry Benchmark: The growth rate of the CLO ETF market can be compared to other similar financial markets to gauge its relative performance.
ROI Calculation Example: Assume an initial investment of $10,000 in a CLO ETF in early 2024. If the market value of the investment grows to $12,000 by late November 2024, the ROI is (($12,000 – $10,000) / $10,000) * 100 = 20%.
Pro Tip: Before investing in a CLO ETF, analyze the underlying collateralized loan obligations and understand the market risks.
Try our structured settlement investment calculator to estimate potential returns based on different market scenarios.
Key Takeaways:

  • The structured settlement market has seen record – breaking volumes in 2024, driven by favorable market dynamics.
  • Increased awareness, product innovation, and regulatory changes are shaping the industry.
  • The CLO ETF market is experiencing significant growth, presenting both opportunities and risks for investors.

Risk – Return Profiles

Did you know that structured settlement premiums soared from $4 billion to $8.6 billion in just the last two years (National Structured Settlements Trade Association – NSSTA)? This significant growth showcases the increasing prominence of structured settlements in the financial landscape. Understanding the risk – return profiles is crucial for anyone involved in structured settlement investments, whether you’re a structured settlement broker, a firm, or seeking services or advice.

Impact of market trends

The global structured finance and asset – backed securities (ABS) market is in a state of flux, and these market trends have a direct impact on the risk – return profiles of structured settlements. Regulatory compliance is a major trend. As the industry expands, regulatory scrutiny is set to intensify (SEMrush 2023 Study). Structured finance teams will need to keep pace with evolving post – crisis regulations. For example, new financial regulations can change the investment environment for structured settlements. A structured settlement firm may have to adjust its investment strategies to ensure compliance, which can in turn affect the return on investment.
Pro Tip: Stay updated with regulatory changes by subscribing to industry newsletters and following regulatory bodies’ official announcements.
Another trend is technological innovation. New technologies can enhance the efficiency of managing structured settlements but also introduce new risks. For instance, digital platforms may be vulnerable to cyber – attacks. Actuarial practices are also evolving as described in the report prepared for the Society of Actuaries. These changes in practices can impact the calculation of expected returns and the assessment of risks.

Inferred elements

From the available information, we can infer several elements about the risk – return profiles. J.P. Morgan’s 2024 Cost of Market Timing Study shows the risk of missing the S&P 500’s best days in the market from 2004 – 2023. Structured settlements can address what most people worry about the most in investment, such as the uncertainty of market returns. Current realized volatility has important information about the uncertainty of future returns. When volatility is low, the predicted distribution of returns is less dispersed.
Let’s consider a case study. Suppose an investor has a structured settlement that is tied to a particular market index. During a period of low volatility, the investor can expect more predictable returns. However, if the market experiences a sudden increase in volatility due to global economic events, the risk of lower than expected returns increases.
Pro Tip: Diversify your structured settlement investments to mitigate the impact of market volatility.

Limitations of available information

There are limitations in the available information regarding risk – return profiles. While we know about some trends and studies, there may be a lack of comprehensive data on the long – term performance of structured settlements under different market conditions. For example, the regulatory changes that are yet to come in the future may have unforeseen impacts on the risk – return profiles.
The fact that industry experts estimate judges approve at least ninety – five percent of transfer petitions in structured settlement transfer cases (as per the information on the Model Structured Settlement Protection Act) shows that there may be gaps in the protection of tort victims. This situation can also create additional risks for investors and those involved in structured settlements.
As recommended by industry experts, it is essential to conduct in – depth research and seek advice from Google Partner – certified financial advisors when dealing with structured settlement investments. Top – performing solutions include working with established structured settlement firms that have a proven track record of managing risks and delivering consistent returns.
Try our structured settlement risk – return calculator to get a better understanding of how different market conditions can impact your investment.
Key Takeaways:

  • Market trends such as regulatory compliance and technological innovation significantly impact the risk – return profiles of structured settlements.
  • Inferred elements from studies like J.P. Morgan’s can help in assessing risks, but the predictability is affected by market volatility.
  • There are limitations in available information regarding long – term performance and the impact of future regulatory changes.

Risks Associated with Specific Options

The structured settlement market has witnessed remarkable growth, with structured settlement premiums leaping from $4 billion to $8.6 billion in just two years, as reported by the National Structured Settlements Trade Association (NSSTA). Record issuance in 2024 saw structured investment sales volumes on iCapital reach an unprecedented $84.5 billion, a 42% year – over – year increase (SEMrush 2023 Study). However, despite these positive trends, specific structured settlement options come with their own set of risks.

Lack of flexibility

Structured settlements are designed to provide long – term financial security, but this often comes at the cost of flexibility. Once a structured settlement agreement is in place, it can be very difficult to change the payment schedule or access a large sum of money upfront. For example, in the case of tort victims who enter into a structured settlement, they are bound by the pre – determined payment terms. If an unforeseen financial need arises, such as a major medical expense, they may find themselves unable to access the necessary funds.
Pro Tip: Before entering into a structured settlement, carefully consider your future financial needs and potential emergencies. Consult with a financial advisor to explore alternative options that could offer more flexibility in the long run.

Inflation impact

Inflation is another significant risk associated with structured settlements. Since structured settlement payments are typically fixed, their real value can erode over time as the cost of living rises. For instance, if a structured settlement pays out a fixed amount each year and inflation increases at an average rate of 3% annually, the purchasing power of that fixed payment will gradually decrease.
To put it in perspective, if a person receives a $10,000 structured settlement payment in a year when the inflation rate is 3%, the next year, that $10,000 will be worth less in terms of what it can buy.
Pro Tip: Consider incorporating inflation – adjustment features into your structured settlement agreement if possible. This could involve linking the payments to an inflation index, such as the Consumer Price Index (CPI).

Reliance on provider’s financial stability

When you opt for a structured settlement, you are relying on the financial stability of the insurance company or provider. If the provider faces financial difficulties or goes bankrupt, there is a risk that your future payments could be disrupted. As an industry benchmark, highly – rated life insurance companies are generally considered more stable, but there are no guarantees. For example, during the 2008 financial crisis, some financial institutions faced severe challenges, which could have potentially affected structured settlement payments if they were involved.
Pro Tip: Before choosing a provider, research their financial ratings and history. Look for companies with a strong track record and high credit ratings from independent rating agencies.

Actuarial risks

Actuarial risks in structured settlements involve the uncertainty of future payments based on various factors such as life expectancy, interest rates, and investment returns. Actuaries use complex models to estimate these factors, but there is always a margin of error. For example, if an actuarial calculation is based on an average life expectancy, but the recipient lives much longer than expected, the funds may run out before the end of their life.
Top – performing solutions include regularly reviewing and updating the actuarial assumptions in your structured settlement. This can help ensure that the payments remain adequate over time.
Pro Tip: Work with an experienced and certified actuary or a structured settlement advisor who can regularly assess and adjust your settlement based on changing circumstances.
Key Takeaways:

  • Structured settlements lack flexibility, which can be a problem in case of unforeseen financial needs.
  • Inflation can erode the real value of fixed structured settlement payments over time.
  • The financial stability of the provider is crucial, as any issues could disrupt future payments.
  • Actuarial risks involve uncertainties in future payments based on factors like life expectancy and interest rates.
    Try our structured settlement risk calculator to assess your exposure to these specific risks. As recommended by industry experts, it’s important to stay informed and make well – informed decisions when it comes to structured settlement investments.

FAQ

What is a structured settlement?

A structured settlement is a financial arrangement from a legal settlement, often from personal injury or workers’ compensation claims. It’s funded by an annuity from an insurance company, with agreed – upon payment terms. The income can be tax – free, and recipients may sell future payment rights, subject to state regulations. Detailed in our [Definition] analysis, it offers long – term financial stability.

How to sell structured settlement payment rights?

According to the Model Structured Settlement Protection Act, most states require court approval for selling payment rights. First, research factoring companies. Then, consult an attorney to ensure the deal is in your best interest. File a petition in court, and wait for approval. This process safeguards your rights, as detailed in our [Legal Regulations] section.

Structured Settlements

Structured settlements vs lump – sum payments: which is better?

Structured settlements provide consistent income, tax benefits, and stability, ideal for long – term planning. Lump – sum payments offer immediate access to a large amount. Unlike lump – sum payments, structured settlements are less suitable for urgent financial needs. Consider your financial situation, as discussed in our [Advantages and Disadvantages Compared to Lump – Sum Payments] analysis.

Steps for choosing a structured settlement broker?

First, ensure the broker is well – versed in state and federal regulations, as 49 states have SSPAs. Second, check their experience in meeting claimants’ financial needs. Third, verify their track record in cost – saving for payers. Professional tools like legal databases can help assess brokers. Detailed in our [Roles and Responsibilities of Brokers] section.