The life expectancy of a plaintiff can be an important cost factor in a structured settlement where the periodic payments are payable for the lifetime of the plaintiff, or the payment is a life contingent deferred lump sum. The annuity cost for such periodic payments is affected by age, sex and the nature of the plaintiff's injuries. Certain medical conditions and injuries can result in a "rated age" or "impaired risk rating" when an underwriter at the annuity issuing life insurance company estimates that the plaintiff may not live a normal lifetime and is willing to accept the risk of providing lifetime payments at a lower annuity premium cost than otherwise would be required. The annuity is quoted as if the rated age is the plaintiff's age. The annuity issuing life insurance company assumes the risk that an annuitant lives longer than expected. The exposure to risk is the opposite of the risk that the same life insurance company would be exposed to in underwriting life insurance on the plaintiff, namely that the plaintiff (insured) dies sooner than expected. The risk that the life insurance company absorbs is a huge benefit to a plaintiff with lifetime medical needs and/or a need for lifetime income, who needs absolute certainty. Using a structured annuity with a deferred start date as an "annuity back stop" is often a prudent strategy to conserve assets when there is a wide range between high and low mortality assessments. The life insurance company issuing the structured settlement annuity (also known as an "enhanced annuity", "underwritten annuity" or "enhanced "SPIA") has hundreds of thousands of people over which to spread its risk, something that the individual plaintiff does not.

The following conditions are examples of some that might result in a rated age or impaired risk rating: head injuries causing brain damage and/or paralysis, cancer, heart conditions, spinal cord injuries, serious internal organ damage, high blood pressure, diabetes and other conditions and/or illnesses affecting activities of daily living. Please note that the condition giving rise to the rated age need not have any relation to the injury on which the claim, dispute or lawsuit is based. Where these or conditions are present, please send medical records to our office and we will ask the underwriters at our life insurance company resources to provide us with a "rated age" evaluation. The most current relevant medicals will usually generate the best result.

The rated age may vary widely among life insurance companies. We actively shop through our extensive resources to achieve the best price/benefit package for your structured settlement.

We also suggest that attorneys refrain from pre-underwriting rated ages themselves. From time to time we encounter cases where the attorney dismisses the possibility of a rated age and yet we end up obtaining one. As the cost savings or yield boost from the rated age may be significant why leave yourself exposed by not getting the best for your client?

Rated ages are available in a wide variety of applications in addition to personal injury cases. They may also be available for parties entering into Structured Business and Property Installment Sales,for structured attorney fees , Divorce settlements, certain Estate Planning situations and much more. Contact us to discuss your case!