Joseph Romano Law

A minor passenger was catastrophically injured in an automobile accident. I recovered the liability insurance coverage from the owner of the automobile that caused the accident, but the amount of the liability coverage was insufficient to meet the medical needs of the traumatically brain injured child. Even though the sum recovered was enough to meet his full-time medical needs, the sum, if accepted, would make him ineligible for state and federal governmental benefits. By drafting a special needs trust, I was able to continue both state and federal governmental benefits.

An issue often arises as to whether or not the minor or adult's governmental benefits or eligibility for governmental benefits can be maintained if the person receives substantial sums from a personal injury settlement or verdict. By using a properly drafted special needs trust or settlement trust, the individual may be entitled to receive governmental benefits in addition to the money received from a personal injury lawsuit. The advantages and disadvantages of using a special needs trust should be discussed with your attorney before resolving your personal injury claim.