TEN THINGS A PERSONAL INJURY CONSULTANT CAN DO FOR YOU

A lawyer serving as a personal injury consultant can assist a personal injury attorney in a number of ways.  Here are ten.

Wrongful Death Case

1. Probate Assistance.  In a wrongful death case, a lawyer can provide probate assistance.
2. Allocation.  In a wrongful death case, a consultant can assist with the allocation of the recovery between survivor benefits and wrongful death benefits.
3. Income Taxation.  Determine what part of the recovery, if any, is subject to income taxation.
4. Trustee.  Selection of an appropriate trustee.  It is almost always better to use a professional trustee.  The trustee should be experienced and is responsible for investments and distributions.
5. Public Benefits.  Protect public benefits currently being received or obtain public benefits for which the plaintiff may be eligible but is not yet receiving.
6. Friendly Hearing.  Testify at Friendly Hearing for a minor or incapacitated adult.  Judges frequently want an expert to provide this testimony.  The consultant should qualify as an expert.
7. Pennsylvania Recovery.  Assistance when a New Jersey resident is receiving a personal injury recovery sustained in Pennsylvania.
8. Social Security and Medicaid.  Prepare and file a Self-Settled Special Needs Trust with Social Security and Medicaid.  These filings are required by both Social Security and Medicaid.
9. Obtaining Other Public Benefits.  Assist in identifying public benefits that may be available other than SSI and Medicaid and explain the requirements for obtaining these benefits.  These benefits would include:

1. Social Security Disability Insurance (SSDI)
2. Medicare
3. Section 8 Housing
4. Supplemental Nutrition Assistance Program (SNAP – formerly Food Stamps)
5. Low Income Home Energy Assistance Program (LIHEAP)
6. Children’s Health Insurance Program (CHIP)
7. Disabled Adult Children (DAC)
8. Group Homes
9. Temporary Assistance for Needy Families (TANF)
10. New Jersey WorkAbility
11. New Jersey Division of Developmental Disability
12. Psychiatric Assistance
13. Special Education

10. Tax Deferral of Legal Fee.  The lawyer can assist in determining whether it makes sense for the personal injury attorney to obtain all or a part of his legal fee in the form of a Structured Settlement to defer income tax.