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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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WHAT HAPPENS WHEN THE PERSONAL INJURY VICTIM ON PUBLIC BENEFITS MOVES TO ANOTHER STATE

by Thomas D. Begley, Jr., CELA People frequently move from New Jersey to other states for various reasons. Occasionally, an individual is transferred by his/her employer and has little say in the matter.  On other occasions, the individual retires and wants to move to a warmer climate with less taxation.  For most people, the move is…

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INCOME TAXATION OF EMOTIONAL DISTRESS IN PERSONAL INJURY ACTIONS

by Thomas D. Begley, Jr., CELA General As a general rule, recoveries in personal injury actions are excluded from federal income tax only if they result from a physical injury or physical sickness. The Internal Revenue Code specifically states that “emotional distress shall not be treated as a physical injury or physical sickness.”[1] Emotional distress…

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