Who Determines The Amount Of Payments And The Payment Schedule?

In any physical injury case, the plaintiff and defendant negotiate issues such as the victim's medical care and basic living and family needs.  Oftentimes, one side (or both) will bring in an expert, such as a structured settlement broker, who provides calculations on the long-term cost of these needs.

When there is agreement on the benefits due to the injury victim (which can happen before, during or after a lawsuit), the defendant will agree to fund a stream of payments that meet these needs.  The defendant then assigns this obligation to an experienced third party, such as life insurance company, that funds the damage payments with an annuity.  

An annuity has been the preferred way of funding because of its pricing and flexibility.  An alternative is a trust fund which invests only in United States Treasuries.

As these issues involve complex calculations, you should always consult your attorney and a structured settlement professional..

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