Special Needs Trusts for Brain Injury Victims

If a loved one is disabled because of another person’s negligence, the family may be protected by a "special needs trust." A special needs trust is generally available to those folks who are under the age of 65 and will be receiving Medicaid (or eventually Medicare) benefits because of their injuries. A special needs trust is especially significant when there is a third party case or a claim against the person that caused harm. In those circumstances, a special needs trust may protect the assets of the injured person, for his or her benefit, while continuing Medicaid and Medicare benefits in the future. If an injured person accepts any form of compensation following an injury, the government may require the family member to "spend down" or forfeit his or her right to basic benefits that they would have otherwise been entitled to until all of the settlement money is spent. This is a dangerous proposition, as your injured loved one should have access to as many benefits as possible to make the remainder of his or her life as fulfilling as the start of his or her life.

If you or your family member is receiving public benefits because of a traumatic brain injury (TBI), you could lose some or all of these public benefits if you recover money from the negligent party in a lawsuit. However, this should not discourage you from seeking damages from someone who caused your injury or your loved one's injury; there are options for obtaining the compensation you deserve from the responsible party while still maintaining your public benefits.

To avoid the loss of benefits in this situation, it is often necessary to set up a special needs trust. These trusts are designed to hold assets for the benefit of a disabled individual, but the trusts are set up in such a way that they allow the beneficiary to collect compensation for the injury through a lawsuit without preventing the beneficiary from collecting the public benefits like Medicaid or Medicare that he or she so desperately needs.

At Doehrman Buba, our Indianapolis brain injury attorneys work closely with brain injury victims and their family members in Indiana and throughout the nation. Our partners have lectured extensively on the complexity of brain injury litigation, and we are committed to obtaining full and fair compensation for the victims of these catastrophic injuries.

Contact Our Indianapolis Brain Injury Lawyers Now

For more information about special needs trusts and how we can help you with your brain injury case, contact our Indianapolis brain injury attorneys today online or by telephone at (800) 269-3443 for a free consultation.

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