Can I Maintain Medicaid Benefits If I Win A Nursing Home Abuse Case?

People who contact our nursing home abuse lawyers about a potential abuse or neglect case often wonder if the potential award a plaintiff could receive would make that person ineligible to continue receiving Medicaid benefits after the lawsuit has been concluded or a settlement has been reached.

Of course, most nursing home residents are recipients of Medicaid benefits, and it is usually essential that those benefits be maintained in order to ensure the resident can continue to receive the care they require. That’s why we usually make every effort to ensure that a client’s jury award or settlement does not jeopardize their ability to receive benefits from Medicaid.

How We Can Help Our Clients

If the client is under the age of 65 when the settlement or jury verdict has been awarded, then we will typically arrange for the money to be kept in a Special Needs Trust for the client’s benefit. If the client is over the age of 65, then the award can be the subject of a gift or can otherwise be placed in a pooled trust.

The bottom line is that ensuring the continuation of Medicaid benefits for nursing home abuse victims can complicate the receipt of the jury verdict or settlement for the plaintiff. However, there are several steps that can be taken to ensure that the victim does not lose out on benefits they are entitled to after the case has been resolved.

Contact A Nursing Home Abuse Lawyer

Each nursing home abuse or neglect case is unique in its own way, and the exact legal issues and strategies may differ depending upon the specific facts of the case. Contact our office at (206) 727-4000 or use the confidential form on this page to have your case personally reviewed by our attorneys. 

Chris Davis
Award-winning personal injury attorney and founder of Davis Law Group, P.S. in Seattle, Washington.