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structured settlement

Insurance companies and defense lawyers sometimes present this as a safe, hassle-free way to get paid, especially when someone is under financial pressure after a crash or fall. That sales pitch can hide the tradeoff: instead of one lump-sum payment, the money is arranged to be paid out over time, often through an annuity purchased from a life insurance company. In plain terms, a structured settlement is an agreement that turns part or all of a legal settlement into scheduled future payments.

That setup can help in some cases. Regular payments may cover ongoing medical care, lost income, or long-term disability needs, and personal injury settlement payments are often tax-free under federal law. But a structured settlement can also limit flexibility. If emergency bills pile up, the injured person usually cannot simply demand the rest of the money early. Companies that buy future payments often offer far less than the payments are actually worth.

For an injury claim, the details matter: payment dates, guaranteed amounts, what happens if the person dies early, and whether any cash is available up front. In New York, a person usually must meet the serious injury threshold under Insurance Law ยง 5102(d) to sue after a car accident because the state follows no-fault insurance rules. Once a case settles, selling structured settlement payments later is governed by New York's Structured Settlement Protection Act, General Obligations Law Article 5, Title 17, which requires court approval to help prevent exploitation.

by Keisha Williams on 2026-04-01

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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