What will you do with the money from your settlement check if you’re injured in an accident and receive money from a personal injury settlement? Many of our clients bought their dream house!
Nyda Bought Her New Dream House With Her Personal Injury Settlement Money!
The Time to Start Thinking about Your Settlement Check Is Immediately After You’re Injured in an Accident
Most people think about their settlement check after their personal injury case is settled, but the time to start thinking about your settlement check is immediately after you’re injured in an accident.
You can start by reading this entire article.
The first thing to think about is don’t tell your family and friends anything about what you are doing with regard to a lawsuit. When friends and family advise you to call a lawyer, just say, “Thank you, I’ve got it handled.” I’ll explain why later in this article.
Learn About How to Invest a Large Sum of Money
For most people injured in an accident, the first time they will see a large sum of money is from a personal injury settlement.
Because money from a personal injury settlement is usually tax-free, a $1,500,000 settlement that gives you $1,000,000 after legal fees or a $750,000 settlement that gives you $500,000 after legal fees is a lot of money to get all at once.
When earning $60,000 or even $150,000 per year before income taxes, your tax-free settlement seems like free money you can spend on whatever you want. That’s a feeling you need to ignore.
We had a client who went on a costly vacation for a month, but when they came back, it was just a memory. They still had plenty of money left from their settlement, but it would have been better to invest it.
Don’t Spend Your Settlement Money
We have had clients who spent their entire $1,000,0000 personal injury settlement money in only one to two years. It’s amazing how fast a large lump sum of money can disappear between buying a few things and some good-meaning friends and relatives.
One important thing most people don’t know about spending money is what it costs to keep the item you buy.
Buy a boat for $500,000, and you’ll find it will cost you 15% or $75,000 per year to keep. I know. I had a 37ft sailboat. And then there are the times when you’ll need more money, like when I lost the use of my boat for an entire summer while the fuel tank was being replaced at a cost of $28,000, and that was in 1988.
You might want to buy a fancy sports car, but you must consider the cost of insurance, parking, maintenance, repairs, and depreciation.
If you get a loan to buy something like a car, motorcycle, boat, or house, you must also consider the interest cost.
According to AAA, “the average yearly cost to own and operate a new vehicle in 2022 is $10,728, or $894 per month.” Costs and interest are considerably higher now.
How Long Does It Take To Spend Your Personal Injury Settlement Money?
How long does it take to spend your personal injury settlement money until it’s gone and you’re back to where you were before your settlement?
We estimate, on average, personal injury clients who don’t invest their settlement money spend all of it in 1-3 years.
So, how can you keep your settlement money and live the life you want? Keep reading below.
When You Get a Personal Injury Settlement, You’ll Have a Lot of Friends
This is why you should never discuss your personal injury case with your friends or family.
When you get a personal injury settlement, friends and relatives come out of the woodwork. You make like being popular, but your popularity isn’t real.
When you get your settlement check, all your friends and family will need just a little money, and they will swear they will pay you back. You’ll want to help because you’re a nice person.
You may even be told that they’ll pay you interest, which will save them money because they can’t get a loan from a bank, and payday loans are illegal in New York.
Since you didn’t own a bank before, why start one now? Your settlement check is never enough to compensate you for your injury, and you need to protect your money.
If you want to loan money to a friend or relative, give them the money as a gift because you will never get it back, and if you expect to get paid back, your relationship will be over.
What to Tell Your Friends and Family About Your Personal Injury Settlement
We recommend that you don’t tell anyone about your personal injury settlement, not even your kids or your parents.
But what should you say if your friends or family already know about your personal injury settlement? If they ask, just tell them your personal injury settlement was deposited in a trust, and you can’t withdraw money from it.
Our Client Got Scammed Out of Her Personal Injury Settlement
We have a client in the Bronx who lost her entire $1,000,0000 settlement within an hour of getting her personal injury settlement check because she didn’t listen to us.
Her son wanted to borrow $100,000 for his successful business, and she wanted to help him because she’s a good mother. The offer of a high-interest rate return on money also helped to lure her into the scam.
I warned her, but she didn’t listen to me, and the CFO of his business scammed her out of her entire settlement.
How She Got Scammed Out of Her Settlement Money
Because they needed the money quickly, the CFO of her son’s company asked her to deposit her entire settlement check in his account. He said this would be faster since they would not have to wait for the check to clear her account.
The business gave her a promissory note to borrow $100,000, and the CFO would return the rest of the money to her. But after he got her settlement check in his account, he never gave any of her money back to her, and she never saw it again.
She went to the District Attorney in Rockland County, where he lives, and in Nassau County, where the crime occurred, but both District Attorneys refused to prosecute because she gave him the money. She then got a lawyer to sue him, but that cost her more money, and she never got any money back.
We now represent her for a much bigger case, and she promised to listen to me this time to invest and protect her settlement money.
How Someone Lost All Their Settlement Money in One Day
My wife told me about someone at work who received a $100,000 personal injury settlement and lost it in one day. My wife’s friend had a different personal injury settlement lawyer and was not our client.
My wife said her friend went to a casino and lost her personal injury settlement in one day!
Do These Three Things After You Receive a Personal Injury Settlement Check
- Don’t tell any friends or family about your personal injury settlement.
- Deposit your personal injury settlement check in an interest-bearing account and keep it there while you consider what to do with your money. I have listed some high-interest-bearing accounts below.
- Call an accountant to discuss what to do with your personal injury settlement (preferably do this before you get your personal injury settlement check).
Continue reading below this section
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See how Nyda got her dream house! What will you do with your settlement money?
The Secret of How the Rich Get Rich
The secret the rich have to get and stay rich is to conserve capital (money).
Instead of spending money, the rich invest their money in financial vehicles that will keep their money safe and make more money they can reinvest or spend.
The Secret to Using Your Settlement Money to Get Rich
Don’t spend the settlement money from your personal injury case. It can be spent rather quickly and leave you poor again. Instead, invest your settlement money to build wealth or provide an income.
You can invest your settlement money in a house, other real estate, or the stock market.
How Can I Protect My Settlement Money So I Don’t Lose It?
You can ask your lawyer to deposit your settlement check money in a structured settlement.
A structured settlement is an annuity invested with an insurance company that will pay you monthly payments with interest that are free from income tax (see below).
Where Can I Put My Settlement Money Temporarily?
While trying to decide how to invest your personal injury settlement, deposit your money in a safe account where it’s earning interest and is liquid so it’s instantly available when you decide what you want to do.
There are online savings accounts that are FDIC insured that pay significantly more interest than physical walk-in banks.
I have used two online FDIC-insured banks: ufbdirect.com and newtekbank.com.
Q: How do I find out if a bank is FDIC-insured? A: To determine if a bank is FDIC-insured, ask a bank representative, look for the FDIC sign at your bank, call the FDIC at 877-275-3342, or use the FDIC’s BankFind tool.
You can open a mutual fund at Vanguard. Vanguard has several low-risk mutual funds to keep your money: VMRXX, VMFXX, VUSXX, and VYFXX (VYFXX is tax-free for New York residents).
(VMRXX) is invested in U.S. debt, which pays a high rate of interest. Approximately half of the interest earned may be partially tax-free for New York residents. $500,000 deposited in VMRXX currently pays a 5.31% rate with interest of $26,550 annually.
Use Your Settlement Money to Buy a House or Apartment
We have had clients who listened to us and invested their settlement money in a house or commercial real estate. They have done very well with their investment, while some other clients blew through their settlement money quickly.
Investing in real estate, whether you buy a house or apartment to live in or for rental income, is probably the best investment for personal injury clients.
Our clients are usually not knowledgeable about the stock market and do not have the patience to stick it out when the stock market is not doing well.
Use Your Settlement Money to Buy a House or Apartment to Live
When you use your settlement money instead of a mortgage to buy a house, townhouse, or apartment to live in, you’ll save a lot of money on rent. Rent increases forever, and when you get older and can’t work, you won’t be able to pay rent.
You can buy a condo or house for all cash with your settlement money and live rent-free. Many of our personal injury settlements are enough to buy a house or condo apartment in New York. In fact, several of our clients have bought a house or condo in New York.
But you can buy a house or condo outside of New York for much less money, and several of our clients have done that.
I’ve been looking to buy an apartment on the beach in Southeast Florida, from Miami to north of Boca. I’m looking for a place to spend a month or two around January-February. But your personal injury settlement can let you live all year long in a gorgeous oceanfront apartment.
I’ve been looking at two and three-bedroom apartments with a direct ocean view, but many of our personal injury clients get enough settlement money to buy a two-bedroom apartment with a partial ocean view. I’ve seen many of these apartments sell for $400,000-$600,000. Facing inland but still on the beach or across the street, they can be even cheaper with low fees and taxes.
Use Your Settlement Money to Buy a House or Apartment for Investment
You can buy an apartment with the settlement money from your personal injury case and rent the apartment.
There are four ways you can make money from using your settlement money to invest in a house or apartment:
- If you rent a fully paid apartment, you’ll get instant cash flow with monthly rental income.
- You’ll get the potential appreciation in the value of the property value over the years in which you own it.
- If you pay enough down payment to create a positive cash flow, you will get monthly rental income while your tenant pays off your mortgage, and your apartment appreciates in value.
- There are substantial tax benefits when investing in rental properties.
If you’re interested in using your personal injury settlement money to invest in rental property, you may want to download a rental property analysis spreadsheet from Stessa.com.
You can also find interesting articles about rental property investments and free rental property management software at Stessa.com.
Some of Our Clients Who Bought a House With Their Settlement Money
Nyda Bought a Townhouse on the Hudson River With Amazing Views
Nyda used her personal injury settlement money to buy this townhouse condo in Westchester, NY, on the Hudson River with amazing views.
These are the amazing views of the Hudson River from the back windows and balcony of her house.
At 5 am
Steve Bought a Commercial Building in Long Island City, Queens
When Steve’s personal injury case was settled, he complained that his landlord raised the rent for his business. I told him to fire his landlord and buy a building with his settlement money.
Steve bought a commercial building in Long Island City, Queens, NY. He’s now retired, and he rented his building. He gets a nice check every month for a building that is worth several times more than he paid. Now, he spends summers on Long Island and winters in a house he bought in Florida.
John Bought a House in Rockland
John V. had a car accident. When I met John, he told me that he had a lawyer who wanted to settle his case for $75,000 and that there was a $300,000 insurance policy. He asked me what I thought, and I told him I could get him the entire $300,000.
After I took over his case, I settled it for $310,000, and John bought a house in Rockland County with his money.
Kevin Bought a House in Suffolk
Kevin had a torn meniscus in his knee. He bought a house in Suffolk County, Long Island, after a jury trial verdict of $465,000.
Rich Bought a House in Suffolk
Another client got a jury trial verdict of $1,000,000 and bought a house in Suffolk County, Long Island.
Donna Bought a Brand-New House
After Donna’s motorcycle accident, we got her teeth fixed, and after her settlement, she bought a brand-new house in South Carolina. Donna thinks we’re the best motorcycle accident lawyers in New York.
Can You Buy a House With Your Settlement Money?
Many of our clients get enough money from their settlement to pay for a house without a mortgage. If you have one of these injuries from an accident, you may also be able to buy a house.
Don’t forget. Personal injury settlements are almost always income tax-free.
See some examples of personal injury cases we settled to get an estimate of how much money you could get from your personal injury settlement.
Invest Your Settlement Money in the Stock Market
If you don’t want to invest your settlement in a house, you can invest it in the stock market or a mutual fund. Just do it wisely.
Things to keep in mind about investing your settlement in the stock market:
- The stock market should only be used if you can keep your money invested for a long time. It is often recommended for a minimum of five years, but I recommend up to 12 years because the stock market may go down and take a few years to go back up.
- Only invest in major companies.
I like tech companies because I think the future will be based on tech and Artificial Intelligence. If you want to know what the future will bring, watch science fiction movies because everything you see will become reality.
One of my favorite companies to recommend is Microsoft because it is a highly successful tech company, and its stock pays a small dividend. I am heavily invested in Microsoft, Meta, Google, and Tesla. All of these companies are heavily invested in Artificial Intelligence.
You can start learning about stocks and mutual funds at Schwab and Vanguard.
This is an interesting video about what to expect and do when investing in the stock market.
Should You Invest Your Settlement Money All at Once?
A Northwestern Mutual study found that a lump-sum investment outperformed dollar cost averaging 75% of the time. Dollar-cost averaging is when you buy shares of stock in small amounts at regular intervals, regardless of price, so you get an average price.
Structured Settlement
A structured settlement is great for people who will get a large personal injury settlement because you won’t have to learn anything about investing or managing your investment. You’ll just get a check every month for life if that’s what you want.
What is a structured settlement? A structured settlement invests your settlement in an annuity invested with an insurance company that pays you money tax-free every month.
Structured settlement payments can be for a certain number of years or for life and can increase monthly payments to compensate for inflation. There are many ways that a structured settlement can be designed, but that is a topic for another article.
One advantage of a structured settlement is that the interest you earn in the annuity is tax-free income to you because it is part of your personal injury settlement.
Another advantage of a structured settlement is that you can receive an amount of money every month that you can use to pay bills, rent, mortgage payments, car payments, and/or anything else without worrying that you will spend your entire settlement quickly.
Another advantage of a structured settlement is that you won’t be able to loan large amounts of money to your family and friends, who will never pay you back.
Be aware that your personal injury lawyer must set up a structured settlement before you sign a personal injury settlement release. Your lawyer must also deposit your settlement check in the trust.
You cannot set up a structured settlement after you have already deposited your settlement check in your bank account. If you deposit your settlement check in your account, you cannot give it back to your lawyer to deposit in a trust.
Never sell your structured settlement to a company that buys them unless you are terminally ill. If you sell your structured settlement, you will get far less than you would have received if you took your settlement when your case was settled. Companies that buy structured settlements take advantage of injured victims and make a lot of money on what you would have received.
Is It Safe to Deposit a Settlement Check?
It is not safe for you to deposit your settlement check:
- If your health insurance paid for your medical treatment and your health insurance plan is an ERISA plan or an ERISA-regulated plan. If you get health insurance from an employer that has 50 or more employees, you likely have an ERISA plan or an ERISA-regulated plan. Your health insurance will have a lien on your settlement, and your lawyer must resolve it before you deposit your settlement check.
- If you receive public benefits. You will have a lien on your settlement, and your lawyer must resolve it or deposit your settlement check in a trust. If you deposit your settlement check in your account, you could lose your benefits for the period of time that you have too much money in your account.
Should You Spend or Invest Your Settlement Money?
Some considerations to determine whether you should spend or invest your settlement money:
- Your age.
- Whether you want to invest your settlement money for income or a house or apartment to live in.
- Whether you are receiving public benefits, such as Medicaid, SNAP (food stamps), or housing.
- Whether you want to leave your money for someone else.
- The amount of your personal injury settlement.
If you’re younger, you should strongly consider investing your settlement money in real estate or the stock market.
If you estimate your life span is less than 20 years, you might consider spending your settlement money while you can enjoy it. But if you want to leave your money for a relative, you can buy a house and leave the house for your relative or invest your money, spend the income and maybe some of the principal, leaving the remainder for your relative.
If you receive public benefits and your settlement is less than $30,000, you can have your lawyer deposit your settlement check into a Pool Trust, from which you can spend it without losing your public benefits.
Your lawyer can deposit a settlement check of any amount into a Pool Trust, but it is more difficult for you to spend your money from a Pool Trust than a Special Needs Trust. A Pool Trust can be opened for a few hundred dollars, while a Special Needs Trust can cost several thousand dollars.
If you receive public benefits and you receive a large settlement, you can either decide to stop receiving public benefits and invest your settlement or have your lawyer deposit your settlement into a Special Needs Trust from which you can spend it without losing your public benefits.
Money in a Special Needs Trust can be spent and/or invested. Your Special Needs Trust can invest in stocks or own an apartment or house.
If you receive a large settlement and have enough years to invest the money, you should decide how to invest it, not spend it.
If you’re looking for software that can help you with financial planning and retirement planning to help you decide what to do with your personal injury settlement, take a look at the following:
- Eggstack retirement planning software.
- The Social Security break-even calculator helps answer which filing age will net you the highest total payments from Social Security over your lifetime.
- Software to find the best strategy to increase lifetime Social Security benefits.
Should You Use a Settlement Check to Pay off Credit Cards?
A quick search on Google shows that many lawyers recommend that you use your settlement check to pay off credit cards and other debt. But will paying credit cards, high-interest loans, or other bills really get you financial freedom?
When I started my personal injury law practice, I cleaned up credit reports for doctors and stock brokers who were high-income earners. Deciding what to do requires information about your personal situation, so it’s not something that can be answered on a website. A blanket statement advising you to use your settlement check to pay off credit cards and other debt is wrong.
Before you plan to pay off debt and before you get your settlement check, you should discuss this with a lawyer or accountant. You may be able to get rid of your debt or settle it for a small amount.
Please note that I cannot provide a consultation regarding your settlement check if another lawyer is handling your case or settled your case.
Where to Get Advice About Your Settlement Money
You should discuss any settlement with your personal injury lawyer before you sign a release, especially if you are receiving or ever received public benefits.
If you will receive a gross personal injury settlement of $100,000 or more, you should find an accountant to consult with. In New York, a gross personal injury settlement of $100,000 should give you $66,666.66 after legal fees are deducted and before case expenses, medical liens, and public benefits liens are deducted. Use our calculator to find out how much money you will get from a personal injury settlement.
We can recommend an accountant and a real estate attorney in New York.
Please note that I cannot provide a consultation regarding your settlement check if another lawyer is handling your case or settled your case.
When to Get Advice About Your Settlement Money
Be aware that a trust or a structured settlement must be set up by your personal injury lawyer prior to you signing a release.
If you receive public benefits, you must discuss your settlement with your personal injury lawyer before you sign a release. Do not deposit your settlement check unless you discuss your public benefits with your personal injury lawyer.
Phil Franckel is a well-known personal injury lawyer in New York since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
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