Publications: Personal Injury Settlement Consulting

Personal Injury Consulting

Qualified Settlement Funds
QSFs act as an intermediary party to a lawsuit. These funds allow defendants and their insurers to make payments to a court-created trust fund. The fund is subject to the court’s continued oversight. The defendant’s payment to the fund is tax-deductible to the defendant at the time payment is made, no matter when the plaintiff actually receives payment from the fund. MORE »

Medicare Secondary Payor Compliance – A Roadmap for Liability Cases

Working with Litigators to Protect Personal Injury Settlements
Personal injury settlements or awards often do not pay for all of the injured person’s medical and care expenses and replace the individual’s lost lifetime income. This failure is due to a number of factors, including compromises of claims involving questionable negligence, limited resources or limited insurance coverage of the tortfeasor, medical liens, and fees and costs associated with the litigation. MORE »

Medicare Set-Aside Arrangements in Third Party Liability Cases
The authority for the Centers for Medicare and Medicaid Services (CMS) to require a Medicare Set-Aside Arrangement (MSA) is found in the Medicare Secondary Payer Act (MSPA). Under the MSPA Medicare is generally precluded from paying the beneficiary’s medical expenses when payment “has been made or can reasonably be expected to be made under a worker’s compensation plan, an automobile orliability insurance policy or plan (including a self-insured plan) or under no-fault insurance. MORE »

Wrapping Up the Personal Injury Settlement
Once a personal injury settlement has been achieved or a judgment obtained, the plaintiff begins a new life. There are many considerations that should be addressed prior to or at the time of settlement. MORE »

Lien Resolution in Personal Injury Cases
When a personal injury settlement is being finalized, consideration should be given to resolving a number of liens. It is good practice to get information on the existence and amount of these liens early in the process, because this information may be helpful in settlement negotiations. MORE »

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