By Jason D. Lazarus, Esq. This blog post will discuss dual eligibility for injured workers. It will address exactly what it is and how Medicaid coordinates with Medicare for those that are dual eligible. Finally, it will talk about the techniques to preserve Medicaid and…
By Guest Author, Evelynn Passino, J.D. – Executive Director of Pooled Trust Services If your client does not have needs-based public benefits, you might be thinking a trust isn’t necessary or even desirable. You might be thinking a structured settlement provides enough protection because it…
By Guest Author, Evelynn Passino, J.D. – Executive Director of Pooled Trust Services Florida recently joined a handful of other states in making a change to its ABLE statute that gives clients a little more control over their money when they die. If you are…
By Jason D. Lazarus, Esq. Introduction Assume you just settled a personal injury case for John Doe who is married to Jane. John has a significant brain injury and there are questions of competency. John was injured on the job but had a product liability…
By Jason D. Lazarus Introduction Catastrophically injured individuals have unique needs when it comes time to settle their cases. A one-size-fits-all approach does not work given the complexities that are faced today upon resolution of a personal injury lawsuit. Consideration of how healthcare will be…
If you are confused by the myriad of government benefit programs that many clients receive as a result of being a personal injury victim, don’t worry as you are not alone. Most times personal injury victims are not sure either about the benefits they receive…
A fleeting memory of Montanile may have plaintiff attorneys encouraging injured parties to quickly spend their settlement funds thereby avoiding the lien asserted by their health plan. This would be a false narrative that could prove to be costly. No doubt about it, ERISA self-funded…
If your client is a minor, what happens after settlement can be just as important as what happened before. Several important decisions will need to be made in order to ensure the best outcome for the client. This article will take you through each step…
Most defendants have started to mandate, as part of the release language, that the plaintiff choose one of two below options for addressing Medicare’s future interests, without exception in return for payment of the settlement monies: Plaintiff agrees to get a letter from the treating…
How to Close Cases Ethically & Compliantly for Disabled Clients Suffering even a moderate personal physical injury can create difficult challenges both financially and emotionally for even the strongest among us. However, what happens when someone suffers a serious or catastrophic personal physical injury causing…