Looking beyond the settlement

For personal injury attorneys, securing a settlement is a critical milestone. However, for their clients facing catastrophic injuries or lifelong disabilities, the settlement often marks the beginning of a much longer journey.

Once a case is resolved, families are often left navigating complex questions around benefit eligibility, long-term care needs and financial management-decisions that can have lasting implications if not addressed early. For clients who will require ongoing care and support, how these decisions are handled can shape their financial stability and quality of life for years to come.

"Families are often navigating significant emotional and financial uncertainty after a life-changing injury," said Maureen Decker, a disability trust services officer at Bank of Oklahoma, a subsidiary of BOK Financial Corporation. "Attorneys play an important role in helping clients think beyond the settlement itself and toward the structure and support that may be needed over time."

"A more coordinated approach that extends beyond the legal outcome helps create greater structure and continuity as those needs evolve," she said.

Structuring the settlement with the future in mind

How settlement proceeds are received and structured can significantly affect a client's long-term financial outcome. This is especially important for individuals who rely on means-tested benefits such as Supplemental Security Income (SSI) or Medicaid.

Public benefits such as Medicaid and SSI can provide a critical safety net for individuals with disabilities or chronic medical conditions. However, these programs are generally designed to meet basic needs and may not cover many of the services, supports or experiences that contribute to comfort, independence and quality of life. A properly structured special needs trust can help bridge that gap by supplementing-not replacing-available benefits, Decker explained.

Without proper planning, direct ownership of assets may affect benefit eligibility or create financial strain over time. At the same time, clients often need ongoing resources to support medical care, housing, transportation and daily living needs that may evolve as circumstances change.

In many cases, a special needs trust can be incorporated into the settlement structure to help balance these priorities, according to Decker. These trusts are designed to hold and administer assets for the benefit of an individual with disabilities, while aligning distributions with applicable benefit requirements.

Importantly, this type of planning is often the most effective when it is addressed during the settlement process rather than after funds have been distributed. Early coordination may help avoid unintended consequences and create a more cohesive long-term strategy.

"The goal is not simply preserving assets," Decker said. "It is helping to create a framework that supports the client's long-term wellbeing while maintaining flexibility."

Planning for ongoing administration

While attorneys guide the legal and settlement process, the administrative responsibilities that follow often continue for many years.

Administering a special needs trust can involve coordinating with benefit agencies, maintaining documentation, reviewing expenses and adapting to changes in care needs over time. Without a defined structure, these responsibilities will fall to the beneficiary and family members who are already managing caregiving and other demands, Decker explained.

"In many cases, families are adjusting to entirely new responsibilities after an injury," she said. "Having a long-term administrative structure in place can help provide continuity and reduce uncertainty."

In some situations, families choose to appoint a professional or corporate trustee to help manage these responsibilities. This approach may provide administrative support, fiduciary oversight and consistency as needs evolve, while helping to establish clearer roles and expectations.

For attorneys, having a defined long-term framework in place may also help reinforce confidence that settlement proceeds are being managed in alignment with their intended purpose, while supporting continuity for the client beyond the life of the case.

Looking beyond the legal outcome

In sum, for personal injury attorneys, the legal outcome often is the end goal but helping clients think beyond the settlement may help strengthen their overall experience and support a more stable path forward long after the case has closed.

As Decker said, "Financial decisions, caregiving responsibilities and long-term support needs are closely connected. Without coordination, these elements can become fragmented, making it more difficult for families to manage both immediate and ongoing priorities. A more integrated approach that considers each of these factors together will help create a clearer, more stable path forward."