856.235.8501
GALLARDO V. MARSTILLER: ARE THERE MEDICAID SET-ASIDES IN OUR FUTURE?
By Thomas D. Begley, Jr., CELA and Emily Schurr Background In the case of Gallardo v. Marstiller, U.S. Supreme Court No. 20-1263 (June 6, 2022), Gianinna Gallardo, a thirteen-year-old girl, sustained a permanent disability when she was struck by a truck as she stepped off of her Florida school bus. She has been in…
TAXATION OF LITIGATION CLAIMS
by Thomas D. Begley, Jr., Esquire, CELA In resolving litigation, the taxation of the proceeds should always be considered. There are often income, estate and/or gift taxes that apply. From a tax standpoint it makes no difference whether the recovery is via a settlement or judgment. It is often important how the complaint is worded,…
MEDICAID & AFFORDABLE CARE ACT (ACA) ELIGIBILITY FOR NON-CITIZEN PERSONAL INJURY PLAINTIFFS
by Thomas D. Begley, Jr., Esquire, CELA and Emily Schurr Medicaid General Rule As a general rule, Medicaid provides medical insurance for individuals. To be eligible for most programs, the applicant must be a resident of New Jersey, be a U.S. citizen or qualified alien, and meet specific standards for financial income and resources…
COUNSELING SESSION WITH PLAINTIFFS AND FAMILIES AFTER A PERSONAL INJURY RECOVERY
by Thomas D. Begley, Jr., Esquire, CELA A counseling session should be held with all of the important players to identify immediate cash needs, develop a budget, design the plan of distribution, and begin the process of managing expectations. One of the most significant discussions will be how long the trust is expected to last….