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PENNSYLVANIA WRONGFUL DEATH CLAIM BASED ON THE DEATH OF A NEW JERSEY RESIDENT

By Begley Admin

by Thomas D. Begley, Jr., Esquire, CELA Questions frequently arise in cases involving wrongful death where the injury and cause of action occurred in Pennsylvania (“PA”) resulting in the death of a New Jersey (“NJ”) resident.  The underlying issue is often which state law applies.  The answer is that both states’ laws apply to different…

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GALLARDO V. MARSTILLER: ARE THERE MEDICAID SET-ASIDES IN OUR FUTURE?

By Begley Admin

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…

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TAXATION OF LITIGATION CLAIMS

By Begley Law Group

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,…

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MEDICAID & AFFORDABLE CARE ACT (ACA) ELIGIBILITY FOR NON-CITIZEN PERSONAL INJURY PLAINTIFFS

By Begley Law Group

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…

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