Planning for Life

What is Settlement Planning?

Posted by Harry S. Margolis on April 1, 2020

 
settlement-planning-special-needs-attorney-Wellesley-MA
 
A settlement or award of damages in a personal injury case means the end of litigation. It’s the biggest step – but only the first step – in assuring your financial future. You need to make sure that the award is maximized, that the funds are safeguarded, and that you preserve your eligibility for public benefits. This involves a number of issues, including:
 

Resolving Liens – Personal injury settlements and awards to minor or disabled plaintiffs are often subject to claims by Medicare, Medicaid (MassHealth), or private insurers. These must be resolved prior to any distribution of funds. It's often best that this be done as part of settlement negotiations, because a lien holder—the state, federal government, or insurance company—has an incentive to help the case settle. Your personal injury attorney will resolve any of these liens as part of the litigation.

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Topics: Medicare, special needs planning, MassHealth, personal injury settlement

MassHealth Permitted Late Intervention in Personal Injury Case

Posted by Harry S. Margolis on May 22, 2018

By Harry S. Margolis

MassHealth-personal-injury-elder-law-Wellesley-MA

In 2009, Evelyn E. Gries was hit by a car driven by Annmarie B. Hunt. Ms. Gries died about a year and a half later and a year and a half after that, her estate brought suit against Ms. Hunt. In another year and a half (there's a pattern here) at the end of 2013, the parties settled for the full amount of Ms. Hunt's insurance, $250,000. They stipulated to the dismissal of the lawsuit at the beginning of 2014.

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Topics: MassHealth, personal injury settlement, MassHealth lien

How Not to Settle a Personal Injury Lawsuit

Posted by Harry S. Margolis on August 27, 2013

By Harry S. Margolis

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Topics: special needs planning, MassHealth, personal injury settlement

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