When you win a sizable settlement for your client, you can lose.

There is significant and complex financial planning you should be doing for your client before you win – not just afterward – to protect the settlement and maximize how long it will last. Medicaid, Medicare and ERISA liens have to be negotiated. Tax and estate planning may be necessary. You don’t want to jeopardize your client’s eligibility to receive public benefits.

Your client shouldn’t just settle for a settlement if there’s more.
Chances are, if your client has been permanently disabled as a result of injury, or if there is more than one defendant contributing to the award, you should be helping your client by establishing a trust. There are four primary types of trusts, and each one is suited for a specific purpose:

Special Needs Trust
“self-settled” with the disabled beneficiary’s assets – i.e., the settlement (click here to learn more)

Qualified Settlement Fund
a trust specifically designed to receive settlement proceeds and preserve options (click here to learn more)

Medicare Set-Aside Arrangement
used when future medical costs related to the injury are anticipated and the client receives or is likely to receive Medicare and/or SSDI (more info coming)

Settlement Preservation Trust
to prevent a vulnerable client from inadvertently exhausting the settlement (more info coming)

Not your particular areas of specialty? Fortunately, it’s ours: As founding members of the Special Needs Alliance – a national network of disability and public benefits lawyers – Kearns & Kearns will partner with you to protect you and your client by facilitating and safeguarding your settlement proceedings. Our goals: to make your job and your client’s life easier.

Learn more about our Settlement Services for Personal Injury Attorneys. Click here to contact Kearns & Kearns now.