Protect your clients' settlement funds.

Settling cases involves complex questions that even veteran plaintiff attorneys may struggle to answer. Lawyers representing injured clients have a professional responsibility to advise them about structured settlements, taxation of settlement proceeds, liens and subrogation claims, and the impact of accepting settlement funds on the client's eligibility for government benefits like Medicare and Medicaid.

With the assistance of Matt Garretson, a structured-settlement consultant and AAJ member, the Exchange has created a new litigation packet to help plaintiff attorneys identify the right settlement solutions for clients.

The packet provides a practical overview of issues that arise throughout the settlement process, with detailed discussion of preserving benefits and handling reimbursement claims by Medicare, Medicaid, and health plans. It offers guidance for counseling clients about the result they may be seeking from a negotiated settlement. The packet features examples from catastrophic personal injury cases and appropriate references to the relevant materials.

Subjects covered include Supplemental Security Income and Medicaid, Social Security Disability and Medicare, the Employee Retirement Income Security Act (ERISA), structured settlements, and special needs trusts. Sample documents include a case intake form; a client letter; client education materials; a client acknowledgement; Medicaid, Medicare, and ERISA correspondence; a structured settlement agreement; and both a motion to approve and an order approving settlement.

For more information on "Settlements: Alternative Financial Solutions and Claims for Reimbursement" and other Exchange litigation packets, visit www.justice.org/ exchange and click on "Litigation Packets," or call the Exchange at [phone].