Personal Injury Settlements for Severely Injured Plaintiffs: Special Needs Planning

Evaluating Trusts, Resolving Liens, Arranging Medicare Set-Asides, and More

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, May 30, 2012

Recorded event now available

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Course Materials

This CLE course will provide practitioners with an overview of the factors to consider prior to settling a personal injury case involving a special needs plaintiff. The panel will discuss reviewing public assistance benefits, structuring a settlement and resolving liens, and setting up a special needs trust.


Counsel for a severely and permanently injured plaintiff must take into account the special long-term needs of that plaintiff when settling the personal injury claim. Evaluating special needs trusts, resolving liens, and preserving public assistance benefits must all be considered prior to settlement.

Failure to plan for a client's special needs in a settlement may mean the client will not be able to cover future medical expenses—and establish the basis for a legal malpractice claim.

Listen as our authoritative panel analyzes key considerations in preparing to settle a personal injury suit for a special needs plaintiff. The panel will discuss public assistance benefits, settlement structure, lien resolution, and the timing for setting up special needs trusts.



  1. Resolving Medicare and Medicaid liens
  2. Medicare set-asides
  3. Preserving eligibility for public assistance benefits
    1. Medicare
    2. Medicaid
    3. Social Security
  4. Structured settlements
  5. Special needs trusts


The panel will review these and other key questions:

  • What are the differences in protecting Medicare benefits and Medicaid benefits?
  • How should payment of a lien be structured?
  • When should a special needs trust be considered?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


John Cattie
John Cattie
Head, Future Cost of Care Practice
Garretson Group

He heads the Future Cost of Care Practice. In this role, he counsels attorneys nationwide with respect to Medicare...  |  Read More

Pollan, David
David P. Pollan

The Pollan Law Firm

Mr. Pollan has been practicing exclusively in the area of elder law and special needs issues affecting the younger...  |  Read More

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