Articles Posted in Settlements

ERISA liens on child settlements are not always required to be paid, and our firm is here to help. At Florida Probate Law Group, we strive to deliver child injury settlements free from unnecessary liens in order to maximize your client’s recovery. Burdensome ERISA liens in child injury cases are vulnerable to being negated through…

Special needs trusts for injury settlements can be a life saver for your clients. Recipients of need based government benefits require special consideration when receiving settlements in personal injury cases. A sudden influx of cash will leave a Medicaid/SSI recipient ineligible for benefits, resulting in a quick evaporation of their settlement funds as medical treatments…

Child settlements requiring a guardian ad litem in Florida can slow down the resolution of a case, however it is possible to have this requirement waived. In many child injury claims, it is within the court’s power to require a guardian ad litem to submit an opinion on the adequacy of a proposed settlement. While…

Individuals lacking the capacity to execute legal documents cannot sign releases settling claims against tortfeasors. Sometimes, families of developmentally disabled adults will execute Powers of Attorney to facilitate day to day transactions made on behalf of their disabled relative. Unfortunately, those Powers of Attorney are not legally valid, as the disabled principal lacks the requisite…

In a previous blog article, I opined on the importance of identifying and signing up the future personal representative of a decedent’s estate when accepting a wrongful death case. However, you may find yourself in a position where the future personal representative has retained another firm, while a separate survivor entitled to damages seeks to…

Our firm is sometimes brought into a case after another probate/guardianship firm has begun the estate administration or guardianship process, but has not been able to competently usher a settlement through the various obstacles associated with child injury and wrongful death cases in Florida. I have been shocked by “normal” probate attorneys neglecting to protect…

Florida Probate Law Group has facilitated millions of dollars in wrongful death and child injury settlements. Why do injury attorneys turn to us to handle these important issues? Protecting Client Funds We are experienced in defeating liens and claims in wrongful death cases. Sometimes, plaintiff’s attorneys ask us “are you sure this is legal?” the…