Structured settlement injury attorney

A structured settlement resolves a claim through periodic payments over time rather than a single lump sum. In a catastrophic injury it is worth understanding properly before it is proposed, because the decision affects how care is funded for decades and, in some circumstances, whether public benefits remain available. Law Offices Of SRIS, P.C. handles catastrophic injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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How a structure works

Rather than paying the full amount at once, the defendant or its insurer funds an annuity that pays the injured person on an agreed schedule — monthly amounts, periodic lump sums timed to anticipated needs such as equipment replacement or surgery, or a combination. The schedule is fixed when the settlement is agreed and generally cannot be altered afterward, which is both the principal protection it offers and its principal limitation.

What it can be useful for

Matching income to a lifetime of care needs. Timing lump sums to coincide with projected costs such as prosthetic replacement or a joint revision. Protecting funds where the injured person has cognitive impairment or where there are concerns about management of a large sum. And, in combination with appropriate planning, addressing the interaction between a recovery and eligibility for needs-based benefits.

What it costs you

Flexibility. A fixed schedule cannot adapt to circumstances nobody anticipated — an unexpected need, a change in housing, an opportunity that requires capital. Selling future payments to a third party for immediate cash is possible in some circumstances but requires court approval in many jurisdictions and generally yields substantially less than the payments are worth. That is a poor outcome to reach by default, and it is a reason to think carefully at the outset.

Points to examine before agreeing

Who issues the annuity and what happens if that company fails. Whether payments continue to your estate or beneficiaries if you die early, or stop. Whether the schedule genuinely matches the life care plan or simply the defendant’s preference. Whether enough is available immediately to cover liens, fees and near-term needs. And whether the cost of funding the structure is being presented as though it were the value of the settlement.

How the decision should be made

With counsel and an independent financial professional, before terms are agreed rather than after. The life care plan should drive the schedule, not the other way round. Where public benefits are in play, the structure and any trust arrangement have to be planned together and in advance, because a payment made into the wrong hands can affect eligibility. Many resolutions in catastrophic cases sensibly combine a lump sum for immediate needs with a structure for long-term care.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is a structured settlement?

A resolution in which the claim is paid through periodic payments over time rather than a single lump sum, typically funded by an annuity. The schedule is agreed as part of the settlement and generally cannot be changed afterward.

Is it better than a lump sum?

Neither is better in the abstract. A structure provides regular payments across a defined period or a lifetime and protects funds from being exhausted early. A lump sum provides flexibility and control. The right answer depends on the person’s circumstances, the projected care timeline and their capacity to manage funds, and it should be decided with independent advice.

Can I change the schedule later?

Generally no. That fixed quality is the point of the arrangement, and it is also its main limitation. Selling future payments to a third party is possible in some circumstances but usually requires court approval and typically returns considerably less than the payments are worth.

What happens if I die early?

That depends entirely on how the structure is written. Some provide for remaining payments to continue to an estate or named beneficiary; others end. This is a specific term to check before agreeing rather than to discover afterward, and it can matter a great deal to a family.

Will this protect my public benefits?

Not on its own. Structuring payments can help, but where needs-based benefit eligibility matters, the arrangement generally has to be combined with appropriate trust planning, and it must be set up before the settlement is finalised. This should involve counsel familiar with that interaction.

Who should advise me on this?

Your counsel together with an independent financial professional — meaning one who is not associated with the party proposing the structure. The defendant’s broker is working for the defendant. Independent advice on a decision that governs decades of funding is worth obtaining.

Can I have both a lump sum and a structure?

Frequently, and in catastrophic cases this is common. An immediate amount covers liens, fees, urgent needs and near-term modifications, while a structure funds long-term care. The proportions should follow the life care plan rather than a standard template.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and to shorter notice requirements where a government entity is involved. Settlement structure is decided at the end, but the claim itself must be brought in time.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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