When Life Takes Unexpected Turns: Why You Might Need Both a Personal Injury and Estate Lawyer

Posted July 27, 2024

  • When Life Takes Unexpected Turns: Why You Might Need Both a Personal Injury and Estate Lawyer

Life can be unpredictable. One moment you’re enjoying your daily routine, and the next, an unforeseen event can turn your world upside down. Serious injuries, sudden incapacitation, or the death of a loved one can leave you grappling with not only emotional and physical pain but also a maze of legal complexities. In such scenarios, having both a personal injury lawyer and an estate lawyer by your side can be crucial, here is why:

Serious Injury Resulting in Death

Tragic accidents that result in death bring profound grief and a flurry of legal responsibilities.

Personal Injury Lawyer: They play a pivotal role in handling wrongful death claims, seeking justice, and pursuing compensation from the responsible party who caused the harm. Their expertise ensures that the deceased’s family receives financial support to cover medical expenses, lost earnings of the loved one, funeral costs, and loss of support and guidance.

Estate Lawyer: They step in to manage the deceased’s estate. This involves navigating probate and distributing assets according to the will, or state laws if there is no will. An estate lawyer ensures that the deceased’s financial affairs are settled, and any debts are paid off.

Incapacitating Injury

An injury that leads to long-term or permanent incapacitation can drastically alter a person’s life.

Personal Injury Lawyer: They work to secure compensation for immediate and future medical bills, pain and suffering, lost wages, and long-term care needs. Their goal is to alleviate the financial burden caused by the injury. Skilled attorneys will ensure the proper experts are retained to calculate these damages, including an economist or life-care expert.

Estate Lawyer: They assist in establishing guardianship or conservatorship, creating or updating trusts, and assist in managing the injured person’s assets. This legal support is essential for ensuring the injured person’s assets are protected and utilized in their best interest.

Settlements Affecting Estate Planning

Winning a personal injury settlement is just one part of the equation; integrating this settlement into your broader financial and estate planning is equally important.

Personal Injury Lawyer: They negotiate and finalize the settlement or court award, ensuring you receive what you are entitled to.

Estate Lawyer: They help structure the settlement to optimize tax implications and manage the funds efficiently. This might include creating special needs trusts if the injury results in a disability, ensuring the settlement supports long-term care without disqualifying the individual from public benefits.

Inheritance Issues After a Personal Injury Settlement

Personal injury settlements can significantly impact estate planning, especially when it comes to inheritance.

Personal Injury Lawyer: They handle the injury claim and secure the settlement.

Estate Lawyer: They integrate the settlement funds into the estate plan, updating wills and trusts to reflect the new financial landscape. This ensures beneficiaries are properly designated and any necessary legal adjustments are made.

Trust Management for Injured Minors

When a minor is injured, the settlement needs careful handling to secure their future.

Personal Injury Lawyer: They obtain compensation for the minor, ensuring their rights and future needs are considered.

Estate Lawyer: They set up and manage a trust to hold the settlement funds until the minor reaches adulthood. This ensures the funds are used appropriately and legally, providing for the minor’s education, healthcare, and other essential needs.

Life’s unexpected turns can be challenging, but you don’t have to navigate them alone. Combining the expertise of a personal injury lawyer with the strategic planning of an estate lawyer provides comprehensive legal and asset protection. This partnership ensures that you or your loved ones are taken care of, both immediately and in the future, allowing you to focus on recovery and rebuilding your life. If you find yourself in a situation where both personal injury and estate planning concerns arise, don’t hesitate to seek the integrated support of these legal professionals.

At Florio Perrucci, we understand the importance of this integrated approach. Our personal injury group is dedicated to securing the maximum compensation you deserve, while our estate practice ensures that your legal affairs are meticulously managed, and your assets are protected. Contact us today to discuss how we can help you navigate these complex challenges with confidence and care.

About the Authors

Christian Perrucci is a Partner at Florio Perrucci Steinhardt Cappelli Tipton & Taylor LLC and serves as Chairman of the Firm’s Litigation Group, focusing on plaintiff’s civil litigation and has won numerous cases for his clients seeking justice for severe bodily injuries sustained in automobile accidents, product liability actions, catastrophic injuries including wrongful death, medical malpractice and all facets of personal injury.

Bill Hutcheson works with clients to ensure that their wishes are carried out after their passing. His experience includes drafting wills, powers of attorney, and living wills. Bill is keen on preparing a comprehensive estate plan that is custom-tailored for each client’s own unique situation, which he achieves through various non-probate planning tools. He often draws upon his experience and knowledge as an investment professional prior to his legal career to understand the non-probate instruments his clients readily have at their disposal in preparing a comprehensive estate plan. In addition to Bill’s guidance in estate planning, he also has significant experience in administering estates upon the decedent’s passing. Bill steers Executors and Administrators through the labyrinth of state and local statutes related to the administration process. Regularly, Bill ensures the estate’s assets are properly distributed, debts are paid, and taxes are filed. Bill and his team focus heavily on the timeliness

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