Lien Resolution In Personal Injury Cases
By Thomas D. Begley, Jr. Esquire, CELA When a personal injury settlement is being finalized, consideration should be given to resolving a number of liens. It is good practice to obtain information on the existence and amount of these liens early in the process, because this information may be helpful in settlement negotiations. The types…
SETTLEMENT PROTECTION TRUST – WHAT IS IT AND WHEN SHOULD I USE IT?
By: Thomas D. Begley, Jr., Esquire, CELA CASE STUDY 1 Billy, age 6, was injured at birth. He recovers $1,000,000. Billy is not receiving any means-tested public benefits, such as SSI or Medicaid. One option is to place the $1,000,000 in the Probate Court, i.e., the Surrogate’s Office in New Jersey, or the Orphans’ Court…
HOW MUCH MUST BE SET ASIDE FOR MEDICARE IN A THIRD PARTY LIABILITY CASE?
by Thomas D. Begley, Jr., CELA Once a Medicare Set-Aside Arrangement (“MSA”) has been considered, the next question is how much is necessary to fund it. If future medicals have been plead or claimed and future medicals are specifically released in a Release signed in connection with the third party liability (“TPL”) settlement, then it…
Probate Issues in Personal Injury Matters
By Thomas D. Begley, Jr., Esquire, CELA [This article originally appeared in The Barrister.] There are a number of situations in a personal injury case where probate issues must be addressed. Most Personal Injury attorneys work with experienced Probate Counsel to ensure that the process goes very smoothly. Once the Executor or Administrator has been appointed, that person…