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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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TAXATION OF LITIGATION CLAIMS

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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