June 12, 2025 - As we approach halftime of the 2025 Structured Settlement season, I thought this might be a suitable time to take stock of where things stand with respect to structured settlements and their place in the litigation resolution process.
Specifically, in a year when the stock market has shown wild gyrations and the economy can't seem to figure out which way to pivot, I'd like to pose the following questions:
"Do structured settlements still make sense?"
"Do they still offer good value?"
Although you can probably guess how a guy like me who specializes in providing structured settlement products and services might answer these two questions, I'm going to go you one better and provide you with a couple specific examples of recent settlements so you can judge for yourself.
Below are the end results of two recently (albeit slightly modified to avoid identification to actual cases) concluded, but hypothetical, injury settlements.
Jane Doe Hypothetical Settlement
Plaintiff is a 36-year-old CA female with a rated age (i.e., natural life expectancy adjusted due to medical conditions) of 40.
She elected to structure $1,000,000 of her net recovery.
She chose a plan that provided guaranteed LIFETIME monthly income with the first 25 years guaranteed to her designated beneficiaries in the event of a premature death.
How'd she do? Drum roll, please . . .
Guaranteed lifetime TAX-FREE monthly income = $4,763.04
Total projected TAX-FREE lifetime payout = $2,843,535
TAX-FREE Rate of Return (IRR) = 5.30%
Tax Equivalent Yield (TEY) assuming a 33% tax bracket = 7.91%
John Doe Hypothetical Settlement
Plaintiff is a 24-year-old CA male.
He elected to structure $500,000 of his net recovery.
He chose a plan that provides 20 years of guaranteed monthly income.
How did things turn out for this wise young man?
Guaranteed TAX-FREE monthly income = $3,278.46
Total guaranteed TAX-FREE income over 20 years = $786,830
TAX-FREE Rate of Return (IRR) = 5.03%
Tax Equivalent Yield (TEY) assuming a 33% tax bracket = 7.51%
A few things are worth highlighting about these two cases.
Tax Equivalent Yield Approaching 8.00%
You'd be hard-pressed to find ANY person who possesses even a modicum of financial and/or investment literacy argue that an investment earning in the 7.50% to 8.00% range isn't an excellent rate of return.
Especially for money which those in the financial planning community consider risk-free and is backed by some of the strongest, most solvent, and most highly regulated companies in the world.
If your financial advisor tells you a 7.5-to-8.0 percent guaranteed rate of return isn't good enough, you might want to start interviewing other advisors. Not only is this return better than anything you can get of similar risk for the security portion of an investment portfolio, but it's also commensurate with historical stock market averages which carry significantly more risk.
For some perspective on how good a rate of return like this actually is, check out the incorporated graph below and this link to a helpful website on financial education that is worth your time:
U.S. Stock Market Returns - a history from the 1870s to 2024
"Simple Average: the average return of the U.S. stock market has been
8.6% per year over the past ~150 years."
"Annualized Average: the return of the U.S. stock market has been
7.1% per year on an annualized average basis, over the past ~150 years."
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