Special Needs Trusts
PROTECTING THE LIFETIME INTERESTS OF A CHILD WITH A BIRTH INJURY
When you file a lawsuit regarding a birth injury, you are seeking damages to aid in providing for the lifetime care of the child, and for the other costs and losses stemming from with their injury. At Becker Law Firm, LPA, we believe that full justice requires full compensation.
The lifetime costs of caring for someone with a birth injury can be enormous and pursuing legal action to ensure that families are fairly compensated for these expenses can be a complicated endeavor; thankfully, Becker Law Firm, LPA has both the experience and track record necessary to successfully seek full justice for your family.
The need to protect the interests of a child injured at birth, however, doesn’t end when a verdict is reached and the damages are paid. We must guarantee that the award or settlement from the case will provide for your child for years to come. At The Becker Law Firm, we counsel parents on a variety of strategies and considerations in order to ensure that the financial interests of their physically or mentally challenged children are secured and protected.
Three of the tools we often use to protect the interests of birth-injured children are:
- Guardianship and conservatorship
- Structured settlements
- Special needs trusts
Contact Becker Law Firm, LPA to Fight for Full Justice
If you would like to talk about how the interests of your birth-injured child can be protected, please contact us today. Even if you have already settled a birth injury claim, you may still be eligible for further compensation. You can use the contact form on this page or call us at (440) 252-4399 to schedule a free initial consultation today. The Becker Law Firm accepts cases on a contingency basis, meaning you will not be charged unless we win your case.
Guardianship and Conservatorship
Children with birth injuries are often reliant on parents or other family members who care for them and ensure their needs are met. Should you die, your child will be in a vulnerable position and may become dependent on other people. By appointing a guardian with authority over their personal affairs and a conservator to manage their financial assets, you can ensure your child will be taken care of by someone you trust. We regularly work with attorneys with expertise in guardianships, who will protect the needs of your child even after your death.
Structured Settlement
Children with special needs may require surgery, nursing care, physical therapy, home modification, medications, medical equipment, and special tutoring. In prosecuting a birth injury lawsuit, we consult with physicians, vocational and physical rehabilitation specialists, economists, and other experts to establish the child’s life care plan and determine their long-term financial needs. At The Becker Law Firm, we advocate aggressively to ensure these needs are met on your behalf.
It is not always in the child’s best interest, however, to have any proceeds for an award or settlement paid out all at once. In negotiating a settlement or receiving a jury award on behalf of clients, we may advise a structured settlement so that the money is paid out over time.
Special Needs Trusts
Proceeds of a settlement/award can be placed in a trust, with the disabled child as the beneficiary. Creating a special needs trust for your birth-injured child serves three purposes:
- It protects the assets from being spent for other purposes by someone other than the intended party;
- It shields assets from taxes or further proceedings;
- It potentially enables the birth-injured child to qualify for Social Security Disability, Medicaid, and other government assistance, despite the presence of a financial settlement.
The Becker Law Firm regularly consults with other attorneys to set up special needs trusts for our clients.
Call us at (440) 252-4399 today to discuss your case with a member of our firm and begin planning out your next steps.
