Avoiding Malpractice by using a Settlement Planning Attorney

While Plaintiff Attorneys play a vital role in securing necessary funds to help compensate their clients who are victims of negligent injuries, there are important considerations that reach far beyond settling the case, and have long term effects on the injured client. 

• Has there been an in-depth analysis of the Life Care Plan to insert alternative coverage for medical and custodial care through future government benefits?

• Has there been an analysis of the injured person’s current and future government benefits eligibility generally?

• Are you aware of the impact of prematurely filing for Social Security Disability Income benefits which lead to Medicare coverage which can lead to a Liability Medicare Set Aside issue?

• Has there been an analysis of the different types of trusts that are available and the long term effects of such trusts? 

• Does your trust document have a mechanism to remove a Trustee when things go bad? Has your client been apprised of options to prepare an estate plan that keeps the family in control so you don’t get that angry client back years later wondering why he can’t get any money from the trustee?

• Are you and your client aware of the timing of purchasing a home for the injured person and the various ways to protect the home from future claims by the State Medicaid Agency or to preserve the home for the spouse and children? This must be done prior to paying the funds out of your IOLTA fund to a trustee or third party.