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Blog 
Auto Accidents
General Personal Injury Claims We Handle
- One of our own attorneys is featured in Virginia Lawyers Weekly again.
- Nanotubes Connected to Lung Cancers-New Article Posted
Trucking/Tractor Trailer Accidents
General
Practice Areas
- Auto Accidents
- Railroad Accidents, Occupational injuries/diseases
- Traumatic Brain Injuries
- Wrongful Death Claims
- Surgical Errors, Medical Malpractice
- Trucking/Tractor Trailer Accidents
- General Personal Injury Claims We Handle
Firm News
- Surgeon sues his own Spinal Surgeon for Medical Malpractice, Alleges Back Surgery Medical Negligence
- Single-Vehicle Tanker Trailer Crash Kills One
- Teen Driver Killed by Garbage Truck
- I-81 Tractor Trailer Accident
- Two Williamsburg, Va., Teens Killed in Crash
- John Cooper is Elected Chair of the Railroad Law Section of the American Association for Justice
- Trucker Health Problems Could Cause Collisions
- Truckers: Know your English or Pay the Fine
- Toxic Heavy Metal in Chesapeake, VA Water?
- The Jere Beasley Report – June 2008 “Jury returns verdict of $8,000,000 for seaman”
Library
Auto Accidents
- High traffic and bad driving cause headaches and accidents
- Road Fatalities Fall as Gas Rises
- Hazardous Road Conditions in Chesapeake, Virginia (VA) Seriously Injuring Motorists
Railroad Accidents, Occupational injuries/diseases
- Train Accident in Massachusetts Caused by Speed and Possibly Cell Phone
- The Higher Duty Owed by Railroads
- What Not To Do In A Railroad Accident
Traumatic Brain Injuries
- Head injury: forgotten trauma
- Spinal cord injuries are frightening.
- Hurrican Katrina: Seventeen Months and Counting
Wrongful Death Claims
- Having A Good Support Staff Is Key To Being A Strong Personal Injury And F.E.L.A. Law Firm
- Confidentiality Agreements Keep Information About Personal Injury Settlements From The Public
- Videotaping Lay Witnesses Can Be A Powerful Settlement Tool In Personal Injury And Death Cases
Surgical Errors, Medical Malpractice
- BREAST IMPLANT CASE WINS SUPREME COURT APPEAL
- Five Tips for Choosing a Cardiologist
- Stroke Symptoms & Diagnosis
Trucking/Tractor Trailer Accidents
- FMCSA Hours of Service Regulations
- Six Things You Must Remember if You're in a Truck Accident
- Top 10 Causes of 18-Wheeler Accidents
General Personal Injury Claims We Handle
- INSURANCE COMPANIES CONTINUE TO OVERCHARGE CUSTOMERS AND UNDERPAY CLAIMS
- North Carolina's Court System
- Boating accidents and injuries in Hampton Roads, Virginia (VA)
Co-Counsel
Firm Newsletters
General
A Personal Injury Lawyer Handling Big Cases Needs To Know About Special Needs Trusts
Special needs law refers to the idea that if an injured client is receiving government assistance or benefits, then you may mess up their ability to collect social security income and Medicare, among other benefits, if you simply give them the money at the end of an injury case. So it is extremely important for a personal injury lawyer to know the right questions to ask of the client before concluding a case involving significant dollars. For example, you need to know whether the client in an accident case is on SSI or SSDI. You also need to know whether the client is on Medicaid or Medicare to cover their medical bills. Typically, a catastrophically injured client, like someone who has permanent brain injury, is going to be receiving government assistance for their permanent injury. Some of these government programs will stop paying the client, if the client receives money beyond $2,000.00. If the personal injury lawyer just closes the file normally by giving the money to the client without inquiry into these special needs and government benefits issues, they would be doing the client a big disservice.What has to happen is for the injury attorney or another lawyer who is familiar with special needs and government assistance to figure out what the effect will be if the client were to receive the settlement proceeds or money from a verdict. I have a relationship with a group of lawyers which specializes in this inquiry. They have recently helped me by being in touch with a client's case worker, as the client is going to receive a $500,000.00 injury settlement. This benefits attorney will then create a plan for the family so that the client can still receive all government benefits to which they are entitled while having the settlement proceeds to use for their health, welfare and benefit. There are a few different ways this can be achieved. One of them is a supplemental needs trust. Other methods include immediately investing the money into a house or vehicle which are typically exempt from being held against the client when looking at needs based government assistance.
In any event, the key is for the personal injury lawyer to be experienced enough and competent enough to recognize when the special needs and government benefits questions need to be asked of the client. It takes a bit of time to develop this information and devise a plan of action for the injured client. However, to fail to do so is a potential problem for the hurt client. Familiarity with special needs law is one example of what separates law firms like my own, which routinely deals with significant personal injury cases, from those who may not handle such high stakes injury litigation on a regular basis.
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Quick Contact
Shapiro, Cooper Lewis & Appleton, P.C.
1294 Diamond Springs Road
Virginia Beach, VA 23455
Toll Free: (800) 752.0042
Phone: (757) 460-7776
Fax: (757) 460.3428
Case Results
Auto Accidents
- Pedestrians Stuck by Automobile Recover $540,000.00
- Chronic Myofascial Pain Syndrome brings verdict of $170,000.00
- Crosswalk Accident With Broken Leg Settles For $227,000.00
- Soft Tissue Injuries Caused by Auto Accident
- Serious Auto Accident Causes Death of Infant
Railroad Accidents, Occupational injuries/diseases
- Railroad-Roadway Crossing Accident - Car Passengers Injured
- FELA
- AMTRAK ENGINEER SETTLES WITH AMTRAK AND CSX OVER DERAILMENT
- Locomotive Engine Fire causes Rail Engineer right arm and wrist surgery
- Shoulder Injury requiring surgery for Locomotive Engineer
Surgical Errors, Medical Malpractice
- Gallbladder Surgery Error
- Medical Negligence
- Pharmacy-Prescription Error
- Gastric Bypass (stomach stapling) Surgery complications
- Retained Surgical Sponge and Subsequent Complications
Trucking/Tractor Trailer Accidents
- Collision Between Two Big Rigs Creates Fireball
- Automobile Accident Causing Coma and Paralysis
- Virginia Automobile Accident
- MACK truck wreck causes leg fractures
- Automobile wreck with drunk driver causes connective tissue injury
General Personal Injury Claims We Handle
- Department Store Shelf Falls on Customer
- Pilot Suffers Electrical Shock Injury At Hotel Ending Commercial Pilot’s Career--Settlement Soon Before Federal Court Jury Trial
Other
- Hotel Guest-Glass Coffee Carafe Shatters-Hand Injury
- Faulty Product - Fiberglass Stepladder Failure
- Skiing Accident
FAQs
Auto Accidents
- What should I do if I am involved in a car accident?
- I was in a car crash. How quickly do I have to find an attorney and file a lawsuit?
- What is the minimum car insurance I'm allowed to carry in my state?
- What is uninsured and underinsured motorist coverage and why should I think about having it?
- Does my state have a primary enforcement law for seat belts?
Surgical Errors, Medical Malpractice
General Personal Injury Claims We Handle
General
- Do I really need a lawyer?
- Can I afford to get into a lawsuit?
- How long will the whole process take?
- What if I do not want to go to court because I am getting nervous about testifying?
- How much am I likely to recover when in court?