Special Needs Trusts for Litigation Proceeds
If an award from a personal injury case is paid to a plaintiff receiving certain public benefits – typically SSI, Medicaid and Section 8 Housing – that person will lose those benefits. Frequently, the award will be exhausted quickly to pay for medical expenses that otherwise would have been paid by Medicaid. A personal injury lawyer may be liable for malpractice and may also be guilty of an ethics violation if options to maximize qualifications for public benefits are not considered.
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