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POST-SETTLEMENT ISSUES IN PERSONAL INJURY CASES

Years ago the difficult job of a personal injury attorney was to settle the case.  In recent years, a myriad of other issues has developed and the personal injury attorney is wise to address them in order to avoid malpractice claims later on.  Some of the issues that must be considered are the following: Liens. …

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THREE MAJOR ISSUES INVOLVED IN A SPECIAL NEEDS TRUSTS

There are three major issues involved in special needs trusts: availability, transfer rules, and payback requirements. Availability The first issue is whether the assets in the trust are available to the beneficiary. Trustee’s Discretion Assets held in a properly drafted special needs trust are not available to the disabled beneficiary and are not considered in…

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POST-SETTLEMENT OPTIONS WITH RESPECT TO A PERSONAL INJURY SETTLEMENT FOR A MINOR OR INCAPACITATED PERSON

Essentially, there are four options with respect to the treatment of settlement funds obtained on behalf of a minor or incapacitated person. Deposit with Court.  In New Jersey, funds could be deposited in the Surrogate’s Court.  There are virtually no advantages to this option, but several disadvantages.  The disadvantages include: Generally, each time money is…

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THE IMPACT OF THE AFFORDABLE CARE ACT ON PERSONAL INJURY SETTLEMENTS

Purposes of the Act On March 30, 2010, President Obama signed The Patient Protection and Affordable Care Act[1] as amended by The Health Care and Education Reconciliation Act of 2010.[2] These two statutes are commonly referred to as the Affordable Care Act (ACA).  The two most important legislative purposes are:[3] To increase the number of…

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