KEEPING YOUR BENEFITS AFTER YOU SETTLE: IT IS NOT SIMPLE!

Recently I volunteered with the West Virginia State Bar to answer phones on Tuesday night when we offer free information by calling a toll free state-wide hotline.  I had a number of calls, but one of them was very disturbing. This caller lost her in-home services provided by Medicaid when her attorney settled her case without addressing this issue.  For a very small settlement, the caller lost her in-home service provider and risked being placed in a nursing home.  With proper planning, this did not have to happen!

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CIVIL MEDIATION--WHAT HAPPENS AFTER THE MEDIATION?

Moving on after you have suffered an injury or loss can be difficult.  Mediation is often the best way to to resolve a civil case and be able to move on.  If selected early, mediation saves time and money for both parties in legal expenses.  Our office encourages clients to participate in mediation at the earliest possible date, often BEFORE filing suit, to be sure to gain the most benefit possible from early resolution.  In many states mediation is required in all civil cases before a trial is scheduled.  Even when you don’t reach an agreement during the first session mediation can be helpful.  About 98% of all civil cases settle before trial so it is likely that your case won’t go to trial.  Sometimes the progress made in mediation sets the matter up so that it will be more likely to settle quickly and fairly following the mediation.  Sometimes a further session is helpful.  If your case is resolved in mediation, you can expect a few steps to finalize the resolution.

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