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RISKS AND BEST PRACTICES WHEN HIRING CAREGIVERS

by Thomas D. Begley, Jr., Esquire, CELA and Marianne Johnston, Esquire             The employment of a caregiver for an elderly or disabled person is often handled on an informal “handshake” basis.  This arrangement is fraught with risk.  The article will discuss some of those risks and set forth some best practices to avoid them.  If…

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PATHWAYS TO MEDICAID FOR PERSONAL INJURY VICTIMS

by Thomas D. Begley, Jr., Esquire, CELA and Emily Schurr             New Jersey has over 30 Medicaid programs of which personal injury victims may avail themselves.  This article will discuss benefits received from these programs.  Many personal injury victims are not currently receiving public benefits, including Medicaid, but are eligible to do so.  An analysis…

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

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 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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