We get involved in the settlement process early so that we can assess the plaintiff’s needs and offer solutions before funds are received. This helps to expedite the settlement process because the client has a plan in place. In order to facilitate our examination of the client’s situation without risk to the client or counsel, we offer a complimentary review of the matter and can quickly identify the issues for you.
ATTENTION PLAINTIFF’S LAWYERS: There are significant income tax issues relating to your receipt of fees for settling a case. Please visit our Qualified Settlement Funds page for more information about options for controlling income tax recognition for your fee.
Structure Brokers: We can assist both plaintiff and defense structure brokers to help plan the transition of accepting a recovery smoothly. We can assist with the allocation of funds between structures and outright distributions, as well as distributions to Special Needs Trusts or various other types of trusts necessary to protect the client. Some states, like Pennsylvania, have new, very strict rules on how to make an immediate annuity “Medicaid compliant”. If you are not aware of the rules introduced in Pennsylvania in 2013, doing a structure “the old fashioned way” could lead to a loss of Medicaid and SSI benefits for the client as well as liability to the broker. Let us help you help your client understand the parameters of what type of structure is appropriate.
SNT Trustees: As a Trustee of a Special Needs Trust, you play a very important role in the management of a disabled person’s assets and the coordination of many issues that will affect the trust beneficiary during her lifetime. We assist Trustees to interpret the law and advocate for the rights of disabled beneficiaries to maintain their important government benefits. We frequently draft Special Needs Trusts and shepherd them through the approval process with Medicaid and SSI eligibility. This may involve interactions with the trust beneficiary and family, preparing court pleadings and making court appearances to maintain the integrity of the trust plan. We can even assist with establishing a court appointed guardian when necessary.
Defense Attorneys: We can be brought into a case to help “cover the bases” when dealing with things like Medicare Set Asides, ongoing and future Medicaid and SSI benefits to limit your liability so that when you “close” a case, it is really “closed”.
Visit our Qualified Settlement Fund page to learn more options about how QSF’s can help you close your case sooner and more effectively.
You’ve worked hard to reach a recovery for your client. We want to help you enhance the results and the future life of your client, while also guiding you to avoid mistakes and liability to “cover all the bases” when reaching a settlement or verdict. It’s never appropriate to simply “give the client their money” and go on with their lives, nor is it acceptable to structure every case. Such abbreviated investigation of your client’s situation could lead to liability for you as well as your client. Here are just some things to consider:
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