Personal Injury Consulting
Many special needs cases begin with personal injury resulting from medical malpractice or some other tragic event. Often, these injuries result in civil suits with the potential for large settlements, and personal injury attorneys may benefit from consulting a special needs attorney as they plan their strategy.
Settlements for plaintiffs with special needs should be arranged in a manner that protects their eligibility for the government programs that often provide a foundation for their medical and financial well-being. Without careful planning, even a large settlement can be consumed by medical and living expenses that would otherwise be handled by Medicare, Medicaid, and SSI. It’s also vital to consider the effect a large settlement could have on the rest of the estate plan for a family with special needs. In a growing trend, clients with special needs whose “victories” have had a negative effect on overall quality of life have reacted by suing their personal injury attorneys for malpractice.
As a personal injury attorney, your job is to win cases. It’s what you’re good at. What we’re good at is considering the potential ramifications of a win for your client with special needs. Our background in special needs trusts, preservation of public benefits, and tax law can make us a helpful partner the next time you approach a case involving someone with special needs.
A special needs trust – sometimes called a supplemental needs trust – enables funds to be protected to provide for needs beyond the basics handled by public entitlements. Because our New York special needs planning attorneys are trained to look at the lifelong implications of each legal decision affecting an individual with special needs, we can quickly envision the ripple effect of a financial windfall. Contact us today to learn how we can help protect both you and your client with special needs.