Counsel To Personal Injury Workers’ Compensation Cases
Does Your Personal Injury Or Workers’ Comp Case Involve An Incapacitated Individual?
In Colorado, personal injury cases and workers’ compensation claims where the accident has rendered the victim incapacitated or is a minor are subject to different additional judicial approval once monetary compensation has been agreed to. This separate proceeding takes place in the probate court and is required to help determine how settlement or verdict proceeds are to be allocated to incapacitated individuals. At Chayet & Danzo, LLC, we are adept at handling this complex probate proceeding and we welcome the opportunity to serve as co-counsel to assist personal injury attorneys who need help navigating this intricate process.
This special probate court proceeding and petition is mandated under Rule 16 of the Colorado rules of probate procedure. At Chayet & Danzo, LLC, we have helped provide sound co-counsel to many personal injuries that require this petition. Contact us today if you have a personal injury or workers’ compensation matter that necessitates a probate Rule 16 hearing and petition.
Judge C. Jean Stewart, the lead Denver probate authority, published a key article that lays out all the steps and considerations concerning a Rule 16 petition and hearing for the disbursement of settlement funds that have been awarded to an incapacitated adult or a minor. Our disability attorneys can help personal injury firms set out an estate and long term planning arrangement that may encompass the following concerns:
- Preserving public benefits such as Medicaid, Medicare, Social Security Disability and Veteran’s Benefits
- Public and private benefit eligibility
- Special needs trusts
- Medicare set-aside trust
- Helping consult, draft and implement life care plans that will be approved by the court
- Work-arounds for various issues such as eligibility for certain health insurance, future clinical trials, etc.
As co-counsel, we can also help you set up guardians, conservators, and the appropriate fiduciaries as needed. Additionally, we can serve as guardian ad litem to the client who is incapacitated and help represent their interests.
Contact Chayet & Danzo, LLC
Chayet & Danzo, LLC, is a firm committed to serving its clients interests, whether functioning as co-counsel, guardian or primary counsel. We welcome the opportunity to help other lawyers who need experienced help preparing a settlement disbursement plan to the probate court in a Rule 16 petition and hearing. Contact us today if you think we can be of service to you.