The Ten Commandments of Resolving a Catastrophic Injury Case
1. Thou shalt recommend to your client to consult with a board certified elder law attorney before mediation.
2. Thou shalt take steps to preserve the client’s government benefits with a special needs trust.
3. Thou shalt have a guardian appointed timely.
4. Thou shalt notify the Medicaid collection agency of the settlement and satisfy the casualty lien.
5. Thou shalt recommend a combination of cash and a structured settlement to fund a special needs trust.
6. Thou shalt determine whether a Medicare set-aside arrangement is necessary based on the client’s age and whether they are or eligible to receive SSDI perhaps with the guidance of a qualified elder law attorney.
7. Thou shalt consider the merits of a corporate trustee with experience administering special needs trusts.
8. Thou shalt remember the needs of the plaintiff’s spouse and suggest that he/she create a plan for their estate and to avoid guardianship.
9. Thou shalt consider the merits of a care manager to coordinate the multitude of care issues, providers of services, and negotiate the cost of those services.
10. Thou shalt determine whether a recipient of derivative proceeds requires planning either because he/she is a minor or, receives government benefits.