| 11900 Biscayne Blvd. | |
| Suite 280 | |
| Miami, FL 33181 | |
| Tel: | 305.722.0091 |
| fax | 305.722.0092 |
We here at Stephen A. Taylor, P.L. (the “Firm”) provide full and complete support to Trial Attorneys obtaining recoveries for individuals (the “Client”) whom from injuries sustained by them, or their loved ones, due to the negligence of others.
Along with our relationships with service providers in the areas of Medicaid and Medicare Lien Resolutions, Trustees and Settlement Financial Advisors, we are able to bring together the necessary post-settlement players for the Client and assist them by providing expert and independent advice on the issues and options surrounding their recovery.
Our core competence in the areas of Guardianship, Probate, Government Benefits and Special Needs Trust law make us uniquely qualified to assist Clients in almost all issues that may arise after the Trial Attorney has done their job and obtained the best possible settlement for the Client.
Guardianship and Probate Work
As part of our normal Guardianship and Probate Practice, we regularly open up Estates or Guardianships for Clients to allow the Trial Attorney to either bring suit on behalf of the Client or settle a matter. After we are able to analyze the potential case, we often will provide our services on a contingency basis wherein we will only recover our fee if there is a recovery obtained on behalf of the Client. Our fees are normally a flat fee with an hourly rate for work outside the flat fee. We have found that both the Trial Attorneys and Clients appreciate this fee structure as all interests are aligned in the case. Please contact us for our current rates for such work.
Medicaid and Medicare Lien Resolution and Reduction Services
As most Trial Attorneys are well aware, the verification of and dealing with Medicaid and Medicare liens on a case can be a very time consuming and tedious process. In an effort to assist in this matter, we have two levels of services we recommend:
- Verification and Resolution of Lien – Through our business partners, we are able to provide the very valuable service of verifying any Medicare or Medicaid liens on a case, dispute any unrelated medical claims sought by Medicare or Medicaid and request a final demand on the amount of such lien. Such service is provided for a fee but such work can provide tremendous value and efficiency for the Trial Attorney and the Client in order to move the case to a quick and speedy resolution.
- Lien Reduction Services – Once the Center has provided their service, or the Trial Attorney has received the final demand on the Medicaid Lien, the Firm, along with our co-counsels, is able to provide the legal service of attempting to reduce any Medicaid (not Medicare) lien on a Client’s file on a contingency basis. Such service can significantly increase the net proceeds payable to a Client and also assist the Trial Attorney in obtaining a suitable settlement for the Client. Please contact us for details on our fee arrangement for this service.
Counsel on Government Benefits Issues
A common question that the Trial Attorney comes across in their practice from a Client is, “Now that I’m receiving this award, do I really need my government benefits anymore?” The answer to this question depends on many factors. Are the government benefits being received by the Client based on their current financial condition or are they benefits the Client has earned through their work history? If the end beneficiary of an award is a minor, how does any recovery their parents receive affect such minor’s benefits? What truly is a Special Needs Trust and how does it work? I’m not currently receiving government benefits, but do I qualify?
The answers to all of the above questions will bring multiple additional questions which most Trial Attorneys are not prepared to answer. At the Firm, we are specialists in the area of government benefits and can help guide the Client through the morass of options available to them and craft a solution that fits such Client’s specific situation. Depending on the exact situation, such counsel is usually provided concurrent with the Guardianship, Probate and Special Needs Trust work provided to the Client. In certain situations such services may be a separate fee to the Client.
Form of Settlement for the Client
The most difficult decision for a Client in any personal injury action is in what “form” to receive their settlement proceeds. With the issues of preservation of government benefits, capacity issues, structured settlement annuities and other investment options, a Client is many times seized by “analysis paralysis” at the end of the case an unsure of what decision to make. As a normal part of our flat fee arrangement, we will meet with Clients and the various service providers, i.e., Structured Settlement Brokers, Banks, Trust Companies, etc. (wherein we capitalize on the Trial Attorneys relationships in this area or introduce the service providers in these areas with which the Firm knows are quality providers), and help guide the Client with this all important decision.
As Attorneys, we are duty bound to provide the Client with independent, competent advice which is in the Client’s best interest. We usually remain in contact with the Client well after the resolution of the case, either as their attorney for the Guardianship or as the Client’s advisor and counselor regarding their rights concerning the Special Needs Trust that they decided to create. It is important for the Client to realize that even after the work of the Trial Attorney with whom they have worked with and trusted for so long during the duration of their case is over, that the Client will have a trusted, independent counselor with them for the future to guide them through the myriad of issues that arise after their case is resolved. To this point, it is truly vital that the Trial Attorney get us involved in the case as early as possible so as to allow us to develop a relationship with the Client to become their trusted and valued counselor and not be seen as simply another expense to the Client that is going to reduce their net proceeds.
How the Firm’s Work Works
Once the Trial Attorney has referred a matter to the Firm, we will meet individually with the Client and enter into a representation agreement directly with the Client. Such representation agreement will spell out in detail how we will be compensated for all services we are to provide for them. In many cases, our fees will be put directly on the closing statement and we will explain that to the Client and provide a copy of our agreement to the Trial Attorney preparing the closing statement. With your help to get the Firm involved early on in the case, the Trial Attorney will truly be providing the Client with complete counsel regarding their personal injury matter. We also encourage the Trial Attorney to not hesitate to contact us as soon as possible even if they are unsure if a recovery will be had for the Client to be able to make our own assessment of the case and begin developing a relationship with the Client.
