Our firm works closely with personal injury and medical malpractice attorneys to appropriately protect and manage funds recovered in litigation.
The process of settling personal injury and medical malpractice cases has become more complex in today’s world with increasing litigation in Medicaid and Medicare lien resolution, qualified settlement funds and Medicare set-aside trusts, and more liability for plaintiff attorneys who fail to consider the long-term implications of a financial reward recovered in a lawsuit.
Special needs trusts remain a vital component of many settlement plans, but alternative financial and management arrangements can be equally effective for many clients. This is where we apply our expertise.
In this area of practice we:
Consult with litigation counsel and structured-settlement professionals to develop appropriate management arrangements for funds recovered in litigation. This includes preparing supplemental (special) needs trusts, settlement preservation trusts, or other financial management plans;
Prepare comprehensive benefit audits for clients who receive government benefits. We advise on the effect of a recovery that the client (or household) may experience. This information is critically important to providing a complete and workable settlement plan;
Advise plaintiffs who receive significant recoveries on estate planning and tax minimization;
Review life care plans to identify opportunities for benefits and services that may be available to an injured plaintiff and to develop a practical representation of what life after litigation will bring given the current service-delivery system;
Draft Medicare set-aside trusts and qualified settlement fund documents;
Review insurance and other health-care options for individuals with permanent disabilities in need of health and social services support; and
Determine with clients qualified trustees and develop realistic distribution plans for funds recovered in litigation.