Personal injury settlement planning is a comprehensive array of legal services to assist injured individuals and their families, as well as their trial attorneys, in the process of settling claims and managing the funds recovered to achieve the best results for plaintiffs.
We focus on preserving settlement proceeds for the injured person’s lifetime needs and ensuring the settlement will enhance the individual’s life in a manner that maintains eligibility for public benefits, if appropriate.
Our work complements that of trial attorneys and allows them to focus on maximizing the settlement while reducing malpractice exposure. We advise trial attorneys on topics such as Medicare conditional payments and set aside arrangements, Medicaid (MassHealth) liens, and qualified settlement funds. We work with injured individuals and their families to create a structure to manage recovered funds, identify appropriate trustees, and preserve potentially vital public benefits. Our services include the following:
- Court process to establish and fund trusts with personal injury proceeds
- Public benefits preservation
- Special needs trusts
- Medicare set-aside arrangements
- Coordination with lien resolution advisors
- Fund management
- Counseling on settlement structures
- Guardianships and conservatorships
- Establishing a decedent’s estate in probate court in order to pursue litigation
- Tax reduction
- Estate planning
- Guardian ad litem services
Our goal at Margolis Bloom & D’Agostino is to help the injured person protect his or her settlement and, if possible, help it to last a lifetime.