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POST-SETTLEMENT ISSUES IN WRONGFUL DEATH CASES PART 2

by Thomas D. Begley, Jr., Esquire, CELA             This is the second in series of articles addressing post-settlement issues originally published in The Barrister in April of 2020. [Part 1 can be found here.] Litigation Trusts             There are generally two types of trusts used in connection with personal injury recoveries including wrongful death cases. Special Needs…

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Qualified Settlement Funds – Begley Report

by Thomas D. Begley, Jr., CELA WHAT IS A QUALIFIED SETTLEMENT FUND? Section 468B of the Internal Revenue Code[1] authorizes the establishment of Designated Settlement Funds or Qualified Settlement Funds.  These funds are usually collectively referred to as Qualified Settlement Funds (QSFs).  These funds are also sometimes called 468B Trusts.  The purpose of these funds…

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My Client Received A Personal Injury Settlement, He Is On Medicaid, Does He Need A Special Needs Trust? – Begley Report

by Thomas D. Begley, Jr., Esquire, CELA GENERAL An extremely important source of funding for medical needs for persons with disabilities is Medicaid.  When a person is receiving Medicaid, the first question is whether a Special Needs Trust (SNT) is required.  There are a number of pathways to Medicaid.  If the individual’s Medicaid is means-tested, then an SNT…

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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…

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