A structured settlement provides compensation through scheduled, periodic payments rather than a lump sum. The defendant’s insurance company typically funds this by purchasing an annuity from a highly rated life insurance company, which then makes guaranteed payments to the plaintiff according to a prearranged schedule. Under Internal Revenue Code Section 104(a)(2), all structured settlement payments for personal physical injuries or sickness are 100% income tax-free, including any interest or growth earned within the annuity.
Category: Frequently Asked Questions
Hidden Costs of Car Accidents: What Insurance Adjusters Won’t Tell You
Insurance adjusters minimize payouts through quick settlement offers, delayed negotiations, and discouraging legal representation. Car accident victims often miss significant future costs beyond immediate medical expenses: rising healthcare costs, potential life insurance premium increases/coverage denials, lost income, and compensation for emotional distress (PTSD, depression, anxiety)
Why Slip and Fall Cases Can Be Difficult to Win
Simply being injured on someone else’s property doesn’t automatically make the business liable. The plaintiff must prove the business failed to use “ordinary care” to maintain safe conditions, failed to remove/warn of hidden dangers, and that you were reasonably unaware of the hazard. “Open and obvious” dangers (like icy sidewalks) are particularly hard to win since customers should recognize such risks.
How Is a Car Accident Settlement Calculated in Oklahoma?
Settlements include economic damages (medical bills, lost wages, vehicle repairs) and non-economic damages (pain and suffering). Pain and suffering is typically calculated as a multiple of economic losses or using a daily rate method. However, Oklahoma follows comparative negligence laws. Your compensation is reduced by your percentage of fault, and you receive nothing if you 50% or more at fault. Insurance companies often use computer systems to generate low initial offers that undervalue claims, particularly pain and suffering damages.
Who Can File a Wrongful Death Lawsuit in Oklahoma?
The personal representative of the deceased’s estate can file a wrongful death lawsuit. The surviving spouse has first priority to serve as personal representative, followed by adult children, parents, and siblings. If no will exists, the court appoints the personal representative following this priority order. The lawsuit must be filed within two years of the death, or the right to sue is permanently lost. While the personal representative files the case, any damages recovered are distributed to surviving family members according to Oklahoma law or the terms of the deceased’s will.
Why did my doctor’s office file a lien against me?
Your doctor filed a lien to guarantee payment from any insurance settlement related to your case. This legal arrangement allows you to receive necessary medical care without paying upfront. The lien protects both parties: you receive treatment without immediate financial burden, and your doctor has a secured claim to payment from your case proceeds.
What goes into a Personal Injury Settlement Demand?
Once you are through with your medical treatment, or you’ve reached maximum medical improvement and gathered all the documents necessary to make your settlement demand, it’s time to…
How Much is My Personal Injury Lawsuit Worth?
This is the most common question plaintiffs have and one of the most difficult to answer. There is no exact formula to use, but there are several…
Do You Need a Lawyer to Negotiate a Car Accident Settlement?
When faced with the aftermath of a car accident, you might be considering whether to seek legal representation before filing a personal injury claim. While it may…
What is the Average Settlement Amount for a Car Accident?
No two vehicle accidents occur under identical circumstances or have identical outcomes. That means no two settlements are identical, either. Even within the same state, settlement amounts…
Will a Car Accident Settlement Affect My SSI Benefits?
Supplemental Security Income, known as SSI, is a vital source of financial aid for thousands in Oklahoma and millions across the United States. A car accident settlement…
Should You Accept a Settlement Offer for a Car Accident Injury?
Is $175,000 a Fair Settlement Amount for a Knee Surgery Injury from a Car Accident? A settlement offer of $175,000 for a knee injury necessitating surgery following…
What Are the Long-Term Effects of Untreated Whiplash Injuries?
Whiplash is a common yet often underestimated soft tissue injury affecting the neck’s muscles, ligaments, and tendons. It is prevalent among car accident victims and can lead…
What Happens if Someone Dies in a Car Accident?
Nothing could be more devastating than losing a spouse or family member to a fatal car accident in Oklahoma, mainly if the other driver’s careless actions caused…
What Are the Effects of a Car Accident During Pregnancy?
Preparing to bring your baby son or daughter into the world is a joyous time for any new parent. But when a pregnant mother is injured in…
What To Do When You’re Pulled Over by an Oklahoma City Police Officer
If the police pull you over on an OKC metro area street or highway, what are your legal rights? What should you do — and not do?…
What Happens if You Get into a Car Accident with No Insurance?
No one enjoys going through the hassle of getting insured, but the consequences of driving without insurance – which happens to be illegal – might make you…
What Is, Isn’t Allowed Under Oklahoma’s New Texting While Driving Law?
Oklahoma has taken a firm stance against the dangerous practice of texting while driving. As of November 1, 2015, the state has implemented a law forbidding drivers…
What Actions Are Considered Reckless Driving?
The Centers for Disease Control and Prevention (CDC) identifies reckless driving as a leading cause of car accidents, particularly among teenagers. However, this dangerous behavior affects drivers…