Tort Settlement Assistance
We can assist you in the settlement of a claim so that not only are your settlement proceeds protected, but any government benefits received are protected as well.
We can assist with settlement of minor's claims/friendly suits, Medicare Set Aside analysis, Medicare Set Aside Trusts, Qualified Settlement Fund establishment and administration and Special Needs Trusts, as well as Medicare and Medicaid Lien reduction and deferment.
In order to protect current and future benefits, we can prepare and establish specific Trusts. The purpose of these Trusts is to protect and preserve government benefit eligibility and assets that will meet supplemental needs that go beyond the medical and long term supports and services of these benefits.
Tort Case Background Information
- Nature of Injury - Brief history of case, e.g., date of accident, injuries sustained and long-term prognosis;
- Names of Parties - Names of all Plaintiffs and Defendants;
- Amount of Settlement - Gross settlement, provided either prior to settlement or after settlement is negotiated;
- Source of Funds - Names of defendants and their insurers, worker's compensation claim;
- Structure - Name of structured settlement brokers and information concerning structure discussions to date; and
- Expenses including:
- Legal fees and costs,
- Medical liens,
- Medicaid liens,
- Medicare liens,
- Costs advanced by family, if any, and
- Other creditors (child or spousal support, etc.)
Injured Party Personal Information
- Living Situation - Description of current living situation;
- Names of Primary Care Giver - Names of family members or service providers caring for injured person; and
- Family History - Brief narrative of family members active in injured party's life, and spousal or child support obligations
Government Benefits and Income Information
- Social Security Disability Insurance / Amount;
- Supplemental Social Security Income / Amount;
- Social Security Retirement or Survivor's Benefits/Amount;
- Health Insurance Plan;
- Food Stamps
Other Benefits and Income Information
- Is the injured party receiving any non-government benefits or income, if so, in what amounts?
- Retirement Benefits (pension, 401(k), stock options);
- Short or Long Term Care Insurance;
- Health Care Insurance, including Cobra information;
- Child support or Spousal support;
- Investment income; and
- Other income source.
- Brief description of injured party's assets to help determine how to best preserve their wealth and plan for a catastrophic injury.
Other Helpful Documents
The following documents are helpful:
- Copies of the Complaint;
- Copies of the Guardianship/Conservatorship or GAL pleadings;
- Copies of the Medical information (e.g. latest neuropsych assessment);
- Copies of any Life Care Plan; and
- Copies of the Estate Planning Documents (e.g. Power of Attorney, Advance Health Care Directive, Will).
We work with the client's personal injury attorney to develop a strategy to protect settlement proceeds and provide peace of mind for the future medical care and continued benefit eligibility of the client.
Contact this St. Louis Elder Law attorney for assistance with tort settlements, including settlement of minor's claims/friendly suits, Medicare Set Aside Trusts, and Settlement Preservations Trusts.
Martha C. Brown & Associates, LLC assist clients with Estate Planning, Elder Law and Probate in St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County and the surrounding areas including Arnold, Ballwin, Barnhart, Bellefontaine Neighbors, Black Jack, Bonne Terre, Brentwood, Bridgeton, Cedar Hill, Chesterfield, Clayton, Crestwood, Creve Coeur, Crystal City, Des Peres, DeSoto, Ellisville, Farmington, Fenton, Festus, Ferguson, Florissant, Fredericktown, Frontenac, Hazelwood, Herculaneum, High Ridge, Hillsboro, House Springs, Imperial, Kirkwood, Ladue, Lake St. Louis, Manchester, Maplewood, Maryland Heights, Mehlville, Normandy, O'Fallon, Olivette, Pacific, Pevely, Richmond Heights, St. Ann, St. Charles, St. Clair, St. Peters, Ste. Genevieve, Sunset Hills, Town & Country, University City, Union, Valley Park, Washington, Webster Groves, Wentzville , Wildwood.
The information provided on this website is a public service and is not intended as legal advice. Such advice should be obtained from your personal attorney.