Lifetime Benefits represent a potential life-altering opportunity for both you and your special child. When a birth injury results in impairment or disability, the law recognizes that your child’s life is changed forever. The law also recognizes the undue burdens and financial strain placed on your family. For that reason, a child that is impacted by a birth injury, or their family, may be entitled to pursue financial compensation.
When a birth injury causing impairment can be proven in court, your child becomes eligible. Yet even for those who do qualify, there remains a limited time, or statute of limitations, in which to pursue Lifetime Benefits. This so-called “window of opportunity” varies from state to state. Therefore, time is of the essence. Please call Stern Law, PLLC to discuss your child's eligibility for free: (800) 462-5772.
What are Lifetime Benefits?
Lifetime Benefits is the term given to financial compensation intended to compensate for injury and loss, and thereby ease the costs associated with caring for a child harmed by a birth injury. The amount of compensation is determined by a variety of factors, including
- Your child’s anticipated life span
- His or her impairments and abilities
- Expenses relating to the injury
- Long-term loss of the ability to work or to care for him or herself
- Other damages
The total Lifetime Benefits award to your child is unique and customized to his or her individual circumstances. Some children, for instance, will require and benefit from extensive therapies, while others may not. Some may be able to perform limited work as they age, while others may not. Some may require complete assistance with daily living while others may be more independent.
Generally, parents pursue Lifetime Benefits because expenses related to their child’s limitations can be financially devastating to the family. The monies can be used to pay for most of these expenses, including:
- Medical treatments, therapies
- Assistive and adaptive equipment
- Vehicles and vehicle modifications
- Home modifications, rent or mortgage
- Daily living expenses
- Personal care assistance
- Education expenses
An experienced attorney can answer questions about Lifetime Benefits and discuss your eligibility during a free case review.
Substantial monetary awards
Lifetime Benefits can ultimately be substantial. One child may be awarded $2.5 million while another may receive $5 million, or more. Some settlements have been reported as high as $18 million.
These are merely sample results, however, and every situation is unique and evaluated on a case-by-case basis. For this reason, past performance or success in other cases does not guarantee a similar result your case, and so it remains important to quickly consult with experienced legal counsel to preserve the likelihood of success.
When awarded, Lifetime Benefits usually are placed into an investment instrument, such as an annuity, which is designed to accept funds and safely grow the investment over time for the purpose of providing a steady, monthly stream of cash flow during the child’s anticipated life expectancy. Structured appropriately, an annuity may also provide certain tax advantages to your child and family, such that all or part of the award may be tax free.
But more importantly, the award provides the security and peace of mind that your child will be provided for, no matter what the future holds. Parents may also be entitled to separate compensation for the care and services they have provided, or for additional losses. Some parents create a special needs trust to protect the child’s assets, property, and access to governmental funding programs. With a life planning team of life and benefit planners, accountants and tax advisors, the professionals at Stern Law, PLLC are able to determine the best overall strategy to address the needs of your child and family receiving Lifetime Benefits. This will ensure that your child has the resources to provide for his or her lifetime needs.
For more information about how to pursue Lifetime Benefits and how much compensation your family might be entitled to, please call Stern Law, PLLC at (800) 462-5772 for a free consultation.