Legal Question in Civil Litigation in Wisconsin

Structured annuity or lump sum

In a recent mediation following a severe auto accident, my attorney adamently recommended taking a lump sum instead of the offered annuity of $4,700 per month for life. I am 47 y.o. After medicals, subro., and legal fees, I'll only have abount $300,000 left. Even the mediator chimed in that I would be ''very stupid to take the annuity''. Was his advice sound, or was he putting his own interests ahead of mine?


Asked on 2/01/03, 12:37 am

1 Answer from Attorneys

Robert Lightfoot II Murphy Desmond S.C.

Re: Structured annuity or lump sum

Any PI atty worth his salt should have given you pros and cons about lump sum vs annuity and ultimately, his or her advice. An annuity is only as good as the lump sum if you live long enough to collect as much as the $300.000. I'll tell you, money in hand is always better than money over time, especially given the tax free status accorded PI settlements. I would never habve said an annuity is stupoid, but cash is almost always preferred and administratively for you and the insurance company, less of a hassle. Lump sum was a smart thing to do.

I have made no further investigation into the merits of your case and express no

opinion as to whether there are other aspects to your case that may render it a

viable case to pursue. Any advice or opinions given in this reply is

preliminary only and not based on a thorough analysis. Accordingly, you should

not rely on my comments, but seek the advice of another lawyer if you want a

full analysis of your case at the present time. Should you decide to seek the

advice of another lawyer, I suggest you do so immediately.

Legal deadlines such as the statute of limitations may exist which, if not

adhered to, could completely bar pursuit of your case

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Answered on 2/01/03, 8:36 am


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