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My workman's compensation lawyer wants me to take a Structured settlement. What are the benefits of a lump sum vs this approach?

Rockville, MD |

My lawyer is in talks with the other side about settling my case. When we first spoke I was told I had three options.
1. Take a lump sum
2. Take a structured settlement with annuities available at retirement
3. Take a combination of both
Now he wants me to take the Structured annuities settlement and tells me that I can always sell them if I need the money. My concern is that I don't trust anyone to be able to back the annuity, who knows when the economy will tank and I am a couple of decades from retirement. I have been given social security and the problem is that there will be an offset if I take the money now but it looks like I can pay it back in installments. If this is the case it could take a long time to pay ss back letting me keep the money for now. What should I do?

Attorney Answers 4


  1. The advice of your lawyer, in combination with the advice of a qualified accountant, will permit you to weigh the options. And it is exactly this type of advice for which you are paying an "attorney's fee." Don't accept annonymous advice from lawyers on this site who are not familiar with the details of your case (which is close to resolving in your favor) to simply second guess your own lawyer.


  2. Your Attorney sounds like he is working very hard to help you, which is why you are going to give him part of your money. Listen to him, because he wants you to get and keep as much money as possible.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  3. It sounds like your attorney is doing exactly what he/she should be doing; fighting for a good settlement and providing you with options. Your question mixes both legal and financial planning issues. If you already have a financial planner, I would suggest meeting with him/her to go over the options. You should also permit the planner and your attorney to speak with each other as well. If you do not have a financial planner, and you do not want to (or you are not able) to hire one. I would suggest following your attorney’s advice. Sounds like he/she knows what they are doing. Please make sure you fully understand the social security implications before deciding, i.e., talk to your attorney in detail about it.


  4. Listen to the advice you are being given as it is valuable, but I can say from personal experience most clients who come into a large settlement and do not structure it end up spending it rather quickly so there is nothing left for the future.

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