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A TEN-STEP ANALYSIS TO MINIMIZE THE IMPACT OF A PERSONAL INJURY SETTLEMENT ON A PLAINTIFF RECEIVING PUBLIC BENEFITS

by Thomas D. Begley, Jr., Esquire, CELA             Many public benefits are means-tested and the receipt of a personal injury settlement will frequently disqualify the plaintiff from continuing to receive those public benefits.  There are many public benefits, but the most commons ones are SSI, Medicaid, SSDI, Medicare, Section 8 House, SNAP (Food Stamps), and Veterans Aid…

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THE EFFECT OF THE SLAYER’S ACT ON PERSONAL INJURY CASES

by Thomas D. Begley, Jr., Esquire, CELA Occasionally, a personal injury case arises out of the intentional killing of one person by another.  Frequently, the killer is a family member of the decedent.  Under the Wrongful Death Act, normally the survival claim is paid to the estate of the decedent.  If there is a Will, the Will frequently…

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PERSONAL INJURY SETTLEMENTS AND SPECIAL NEEDS TRUSTS: SETTING CLIENT EXPECTATIONS

by Thomas D. Begley, Jr., Esquire, CELA   If a client receiving a personal injury settlement also receives certain public benefits such as SSI and many forms of Medicaid, a Special Needs Trust is required to preserve those benefits.  Special Needs Trusts entail restrictions and a small minority of clients would rather give up their…

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ISSUES TO CONSIDER IN A NEW JERSEY WRONGFUL DEATH CASE

by Thomas D. Begley, Jr., Esquire, CELA New Jersey wrongful death cases can be complex.  A number of issues arise and the statutes are not always clear.  This article will discuss several important considerations.  Cases under the Wrongful Death Act have two components.  One is the wrongful death component, and the other is the survival…

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