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.