At Suarez Law, (the “Firm”) we provide full and complete support legal services to trial attorneys obtaining recoveries for individuals (the “Client”) from injuries sustained by them or their loved ones, due to the negligence of others. Along with our relationships with service providers in the areas of medicare lien resolutions, structured settlement advisors, trustees, financial advisors and care managers, we are able to bring together the necessary post-settlement players for the client and assist them by providing expert and independent advice on the issues and options surrounding their recovery. Our core competence in the areas of guardianship, probate, government benefits and special needs trust law make us uniquely qualified to assist clients in almost all issues that may arise after the trial attorney has done their job and obtained the best possible settlement for the client.

As part of our normal guardianship and probate Practice, we regularly open up estates or guardianships for clients to allow the trial attorney to either bring suit on behalf of the client or settle a matter. After we are able to analyze the potential case, we often will provide our services on a contingency basis wherein we will only recover our fee if there is a recovery obtained on behalf of the client. Our fees are normally a flat fee with an hourly rate for work outside the flat fee. We have found that both the trial attorneys and clients appreciate this fee structure as all interests are aligned in the case. We are very selective with the trial attorneys we align with due to the contingent nature in which we get paid. We handle estates all over the state of Florida and guardianships in Miami-Dade, Broward and Palm Beach counties.

As most Trial Attorneys are well aware, the verification of and dealing with Medicaid and Medicare liens and now Medicare Set Aside Arrangements (“MSA”s) on a case can be a very time consuming and tedious process. In an effort to assist in this matter, we have two levels of services we recommend:

1. Medicare Liens and MSAs – While we do not provide the actual service of verifying, negotiating and satisfying Medicare subrogation liens, we are familiar with the issues and can guide the Trial Attorney to services providers that do provide such service. We are actively engaged in counseling as to the need and appropriate allocation for MSAs. We provide such service as a flat fee. We coordinate with the appropriate groups that perform qualified MSA analysis to determine the scope and amount for an MSA and the appropriate steps to take once the decision has been made to fund an MSA or not.

A common question that the trial attorney comes across in their practice from a client is, “Now that I’m receiving this award, do I really need my government benefits anymore?” The answer to this question depends on many factors. Are the government benefits being received based on their current financial condition or are they benefits the client has earned through their work history? If the beneficiary of an award is a minor, how does any recovery their parents receive affect such minor’s benefits? What truly is a special needs trust and how does it work? I’m not currently receiving government benefits, but do I qualify? What options are there for me under the new health care legislation?

The answers to all of the above questions will bring multiple additional questions which most trial attorneys are not prepared to answer. At the firm, we are specialists in the area of government benefits and can help guide the client through the maze of options available to them and craft a solution that fits such client’s specific situation. Mr. Suarez has many years of experience counseling recipients of personal injury settlements on such matters. Depending on the exact situation, such counsel is usually provided concurrent with the guardianship, probate and special needs trust work provided to the client. In certain situations such services may be a separate fee to the client. For smaller settlements, we charge a consultation fee and provide the trial attorney with the appropriate language to place on the closing statement and have the client attest to so that everyone is protected.

Once the trial attorney has referred a matter to the firm, we will meet individually with the client and enter into a representation agreement directly with the client. Such representation agreement will spell out in detail how we will be compensated for all services we are to provide for the client. Thus, it is very clear that our work and fee is separate and distinct from the trial attorney and it is the firm giving such legal counsel and advice and NOT the trial attorney. In many cases, we ask that our fees be put directly on the closing statement. There are no up-front costs to get us involved in the case and we understand we do not get paid until our work is complete. While it’s always best to involve us early in the process, we do appreciate that is not always possible and strive to complete our work as quickly as possible to help take your case from settled to closed!