Personal Injury Award Planning

 
 
Personal injury awards or settlements usually result from life-altering circumstances. In such situations, beneficiaries and their families require specialized planning. We have substantial experience in working with personal injury attorneys during the settlement process to create a plan for the proceeds that will best meet the injured party's needs. We assist in the determination of whether to take the settlement in a lump sum or to use a portion of the proceeds to purchase a tax-favored annuity. We have experience in establishing qualified settlement trusts under Section 468B of the Internal Revenue Code to facilitate settlement when there are multiple parties involved in tort litigation. Once a personal injury settlement is reached, we have significant experience in creating the appropriate trust to hold the proceeds, keeping in mind our clients' needs to fund ongoing care, as well as their education, family, and other needs.

Our trusts and estates attorneys have lectured and written extensively on the use of trusts and other planning instruments in personal injury situations, and we are also well versed in dealing with the ever-changing income tax consequences of personal injury awards.

Representative Matters
  • Established a trust and one of our attorneys serves as trustee for a person whose conviction for first-degree murder was vacated and who was awarded a settlement to compensate him for injuries resulting from his 12 years of wrongful incarceration (as featured in the April 2007 issue of Boston Magazine).
  • Created (and one of our attorneys serves as trustee of) a trust holding a large products liability damages award for a disabled person.
  • Advised women plaintiffs on the tax consequences of a judgment against a country club for sex discrimination, and created a Qualified Settlement Trust to hold the award prior to distribution.
  • Consulted with a nationally known toxic tort attorney on establishing and administering a qualified settlement trust.
  • Consulted with an employment attorney on the tax consequences of an employment discrimination settlement.