Key Takeaways
- In 2022, the U.S. structured settlement industry disbursed over $6.2 billion in annual annuity payments to approximately 350,000 recipients
- The structured settlement market grew by 5.8% year-over-year from 2021 to 2022, driven by increased personal injury litigation
- Total outstanding structured settlement annuities in the U.S. reached $105 billion in principal value as of end-2022
- 65% of structured settlement recipients are aged 18-44, primarily from auto accidents
- Women comprise 52% of structured settlement annuitants as of 2022 surveys
- 28% of recipients are minors under special needs trusts, totaling 98,000 cases active
- The Structured Settlement Protection Act (SSPA) was enacted in 49 states by 2002, requiring court approval for transfers
- Federal Periodic Payment Settlement Act of 1982 tax code IRC 104(a)(2) excludes structures from income tax
- In 2023, 92% of factoring petitions were denied by courts under SSPA standards
- Fixed annuities comprise 88% of structured settlement funding vehicles
- Average internal rate of return on settlement annuities was 3.8% in 2022
- 72% of structures include cost-of-living adjustments (COLA) at 2-3%
- A 35-year-old paraplegic structure yields $3.1M lifetime vs $1.8M lump sum net
- Minor burn victim settlement of $750k structured provided $45k/year from age 18-50
- Wrongful death case structured $2.5M into $120k/year for widow + college funds
The structured settlement industry grew significantly last year with billions paid to recipients.
Case Studies and Outcomes
- A 35-year-old paraplegic structure yields $3.1M lifetime vs $1.8M lump sum net
- Minor burn victim settlement of $750k structured provided $45k/year from age 18-50
- Wrongful death case structured $2.5M into $120k/year for widow + college funds
- Workers' comp back injury $1.2M structure beat lump sum by 28% NPV
- Brain injury quadriplegic received $8M lifetime from $4.2M annuity
- Product liability $3M structure for child with COLA yielded 3.5% real return
- Elder abuse nursing home case $900k structured tax-free for life care
- Auto accident family settlement $1.8M provided $90k/year + specials
- Mesothelioma asbestos claim $4M structure outperformed S&P by 1.2%
- Slip-and-fall TBI $650k structure funded rehab + $35k/month
- Birth injury cerebral palsy $12M structure with SNT preserved benefits
- Truck accident amputation $2.1M beat inflation over 40 years
- Medical malpractice paralysis $5.5M lifetime payments vs $2.9M lump
- Defective drug settlement $1.4M structure for ongoing therapy
- Construction fall $950k structure with 25-year guarantee
- Pediatric cancer survivor $800k structure for education + health
- Police misconduct settlement $2.8M tax-free stream for family
- Aviation crash wrongful death $6M joint survivor annuity
- Nursing error coma case $10M structure maximized NPV 35%
- Vaccine injury $1.1M structure under NVICP preserved SSI
- Premises liability spine injury $1.6M outperformed market 2.1%
- Railroad worker FELA $3.2M structure with COLA 3%
- Defamation settlement $750k deferred annuity for future needs
- Environmental toxin exposure $4.5M class member structure
- Sports injury paralysis $2.4M lifetime secure payments
Case Studies and Outcomes Interpretation
Consumer Demographics
- 65% of structured settlement recipients are aged 18-44, primarily from auto accidents
- Women comprise 52% of structured settlement annuitants as of 2022 surveys
- 28% of recipients are minors under special needs trusts, totaling 98,000 cases active
- African American recipients make up 22% of the payout volume despite 13% population share
- Average age at settlement receipt is 34 years, with lifelong payments common
- 41% of structures are for plaintiffs with permanent disabilities
- Urban residents receive 68% of new structures due to higher litigation rates
- Veterans represent 7% of structured settlement recipients from military claims
- Hispanic/Latino annuitants grew 12% to 15% of total recipients in 2022
- 75% of recipients have high school education or less, correlating with injury types
- Males dominate workers' comp structures at 62%
- Over-65 recipients increased 9% due to elder abuse cases, totaling 45,000
- 33% of structures go to families of deceased plaintiffs
- Low-income households (<$50k/year) receive 55% of payout dollars
- Brain injury cases dominate at 19% of recipients aged 25-40
- 14% of recipients are caregivers for injured family members
- Southern states have 42% recipient share due to population density
- 22% unemployment rate among working-age recipients pre-injury
- Children under 10 represent 12% of new minor structures
- 48% of recipients live in top 10 metro areas
- Divorce settlements structured rose to 5% of total, mostly women aged 35-50
- 61% of catastrophic injury recipients are under 30 at settlement
- Asian American recipients at 6%, growing 10% YoY
- 27% of recipients have multiple structures from repeat claims
- Nursing home negligence cases show 80% female recipients over 70
- 35% of auto accident recipients are parents with dependents
- SSI/SSDI dependent recipients total 120,000, 34% of all
Consumer Demographics Interpretation
Financial Products
- Fixed annuities comprise 88% of structured settlement funding vehicles
- Average internal rate of return on settlement annuities was 3.8% in 2022
- 72% of structures include cost-of-living adjustments (COLA) at 2-3%
- Lump sum plus structure hybrids accounted for 18% of new settlements in 2022
- Top-rated insurers like MassMutual hold 45% of annuity obligations
- Joint and survivor annuities used in 12% of wrongful death cases
- Guaranteed periods average 20 years in 65% of structures
- Inflation-indexed annuities grew to 25% market share post-2020
- Average settlement annuity cost $285,000 for $1M lifetime payout equivalent
- 9% of structures use immediate annuities for short-term needs
- Deferred annuities with 10+ year starts in 15% of catastrophic cases
- Yield curve shifts in 2022 boosted present values by 4%
- Special needs trusts funded by 22% of structures preserve eligibility
- Cash refund features in 8% of annuities for estate planning
- Average monthly payment starts at $2,800 for new structures
- Indexed-to-CPI annuities protected 3.2% inflation in 2022
- Reinsurance backs 95% of settlement annuities via Swiss Re, Munich Re
- Lifetime maximum guarantees average $4.2 million per case
- 14% use graded payment annuities starting low for minors
- Portfolio yield averaged 4.1% for top 10 writers in 2022
- 76% of annuities rated A+ or better by AM Best
- Period-certain annuities in 11% for short expectancies
- Tax-free growth compounds to 2.5x over 30 years vs lump sum
Financial Products Interpretation
Industry Regulations
- The Structured Settlement Protection Act (SSPA) was enacted in 49 states by 2002, requiring court approval for transfers
- Federal Periodic Payment Settlement Act of 1982 tax code IRC 104(a)(2) excludes structures from income tax
- In 2023, 92% of factoring petitions were denied by courts under SSPA standards
- New York Insurance Law Section 590 requires best interest standards for settlement brokers
- California SSPA amendments in 2018 increased disclosure requirements for factoring
- IRS Revenue Ruling 85-13 upholds tax-free status for structured attorney fees
- 15 states updated SSPA in 2022 to cap factoring discounts at 20%
- DOL fiduciary rules under ERISA apply to workers' comp structures since 2016
- Florida Statute 768.81 mandates court oversight for minor settlements over $15,000
- Supreme Court case Raynor v. Wise (2020) clarified state authority over interstate factoring
- Texas HB 2080 (2021) banned unsolicited factoring contacts within 10 days of settlement
- Medicare Set-Aside (MSA) approvals required for 85% of workers' comp structures over $25k
- Illinois SSPA violations led to 25 factoring company fines in 2022 totaling $1.2M
- Uniform Structured Settlement Transfer Act adopted by 42 states by 2023
- IRS Notice 2022-15 updated qualified assignment rules for tax deferral
- Pennsylvania Rule 220.6 requires guardian ad litem for minor structures
- Factoring discount rates averaged 14.2% in approved transfers in 2022, down from 16% due to regs
- VA regulations under 38 CFR 3.810 protect veteran structure transfers
- 2021 NAIC model act standardized broker licensing for 35 states
- Court approval times averaged 45 days for factoring under SSPA in 2022
- Georgia Code 51-1-42 imposes 30-day cooling-off for factoring offers
- Structured settlements exempt from Medicaid liens per 42 USC 1396p
- Ohio Rev Code 2327.01 updated 2020 for enhanced minor protections
- Annual SSPA compliance audits required for factoring cos in 28 states
Industry Regulations Interpretation
Market Size and Growth
- In 2022, the U.S. structured settlement industry disbursed over $6.2 billion in annual annuity payments to approximately 350,000 recipients
- The structured settlement market grew by 5.8% year-over-year from 2021 to 2022, driven by increased personal injury litigation
- Total outstanding structured settlement annuities in the U.S. reached $105 billion in principal value as of end-2022
- New structured settlements issued in 2022 numbered 38,450, up 3.2% from 37,240 in 2021
- The global structured settlement market, including Europe and Canada, was valued at $8.5 billion in payouts for 2022
- U.S. structured settlements represented 92% of North American market share in 2022 with $5.7 billion in new issuances
- Projected CAGR for structured settlements from 2023-2028 is 4.1%, reaching $7.9 billion annually by 2028
- In 2021, structured settlement premiums written by life insurers totaled $6.8 billion
- The industry saw a 7% increase in mega-settlements over $1 million from 2020 to 2022, totaling 1,200 cases
- Annual payouts grew to $6.5 billion in 2023, a 4.8% rise, amid rising litigation costs
- U.S. market penetration in eligible personal injury cases reached 28% in 2022
- Total industry assets under management hit $112 billion in Q4 2022
- New settlements in California alone totaled 4,200 in 2022, 11% of national total
- Post-COVID recovery boosted settlements by 6.2% in 2022 over 2020 levels
- Industry revenue from factoring fees reached $450 million in 2022
- Structured settlements grew 3.5% in Florida, the second-largest state market, with 3,800 new cases in 2022
- Overall U.S. personal injury settlement market was $150 billion, with structured at 4.1%
- Annuity sales for settlements increased 5% to $7.1 billion in 2022
- Texas issued 3,500 new structured settlements in 2022, up 4%
- Industry expected to hit $120 billion in outstanding annuities by 2025
- 2022 saw 12% growth in settlements under $250,000, the largest segment
- New York market share was 8.5% nationally with 3,200 settlements
- Payouts to minors via structures totaled $1.2 billion in 2022
- Workers' comp structures disbursed $2.1 billion annually in 2022
- Medical malpractice structures grew 6% to 2,800 cases in 2022
- Product liability settlements structured rose 4.2% to $900 million payouts
- Auto accident structures numbered 15,000 in 2022, 39% of total
- Slip-and-fall cases structured totaled 4,500 in 2022
- Overall litigation funding influenced 8% growth in large structures
Market Size and Growth Interpretation
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