SETTLEMENT ALLOCATION IN NEW JERSEY WRONGFUL DEATH CASES
by Thomas D. Begley, Jr., Esquire, CELA When a defendant causes the death of another individual by a wrongful act or negligence, that person shall be liable for damages. There are two components of the claim. One is a Survival Claim, and the other is the Wrongful Death Claim. The Survival Claim is brought by…
MEDICARE SET-ASIDE ARRANGEMENTS
by Thomas D. Begley, Jr., Esquire, CELA In addition to any claim for reimbursement for the conditional payment of past medical expenses, Medicare also has a right to consideration for the Medicare beneficiary’s future medical expenses. Unless adequate funds are set-aside in a suitable arrangement, Medicare will not pay that person’s future medical bills. A…
THE PERSONAL INJURY ATTORNEY’S GUIDE TO MEDICAID
by Thomas D. Begley, Jr., Esquire, CELA There are many pathways to Medicaid in New Jersey. Each one has different income requirements and resource limits, some have transfer of asset penalties, some require disability, and some require that a personal injury settlement be placed in a Special Needs Trust to maintain eligibility while…