When you’re recovering from a serious injury, the last thing you want is to have to worry about complex legal principles. Your concern should be focusing on recovery as well as ensuring that justice is served by hiring our top personal injury team. Injury cases are by their very nature contentious, particularly if you suffered a severe, life-changing injury, or if you’re dealing with a corporate giant with nationwide roots; the first may require a lifetime of care and adjustments that can only come with top dollar compensation, and the second one will fight tooth and nail to ensure you do not get the compensation you deserve as it may set a precedent for others to come after them via litigation.

One of the ways in which defendants try to protect themselves is by proposing a higher Medicare Set-Aside which may technically absolve them from paying out a higher settlement amount as they may recommend that payment for your medical procedures and rehab be taken from your Medicare benefits. At McCready Law, we value and recognize the sacrosanct nature of the Medicare Set-Aside or MSA and as such, we have devised various legal strategies to protect any underhanded machinations from the defense counsel to try to reduce your recovery – read on to find out just exactly how we do this.

We Are Ready to Help You!

Are you looking for the best injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured individuals seek compensation after getting injured due to the negligent acts of other parties and even large corporations. To date, we have been able to recover over $260 million and counting for our clients, and our incomparable success can be attributed to operating strategies that are different from those of other law firms such as personally handling claims as tenured attorneys and not shunting them over to legal assistants and paralegals as is often seen in most law firms, working closely with the client in an open and collaborative manner to ensure all possible weaknesses in the case are patched up.

On top of that, we usually upon the expertise of world-renowned experts such as top physicians, celebrated investigators, and experienced accident reconstruction experts and forensic professionals, all done in an effort to build a robust case replete with evidence and objective opinions that prove the other party indeed acted from a place of negligence, thereby leading to your injuries. We are also not afraid to litigate claims should we believe that doing so may get you maximum compensation, particularly if the insurance company is not amenable to good faith negotiations.

We run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to someone else’s negligence, please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

A Higher Medicare Set-Aside is a Tactical Move by the Defendant

At its very essence, the act of a defendant putting more money into your MSA is not counterintuitive, but it is an act of self-preservation and risk management. By allocating a higher amount of the same, they can show that they’ve funded your future medical needs, essentially letting them off the hook for any future medical bills. This is an attempt by them to secure some form of peace of mind knowing that Medicare will not come after them for any unpaid medical bills.

Here’s why a higher Medicare Set-Aside is potentially detrimental to your future:

1. The defendant may get off scot-free with regard to future litigation as they have proof they have provided a certain amount for your future care
2. The burden with regard to your medical care may be shifted over to you, which may then eat into your funds for immediate needs
3. This tactic provides a false sense of generosity, which to the uninitiated or unrepresented may seem like a good faith offer but, in the end, hurts you as you are left with less available cash after your settlement.

How We Fight Against a Higher Medicare Set-Aside

Should a defendant propose a higher Medicare Set-Aside, we shall hit the ground running and not offer an arbitrary “no”, but we shall get started on creating an evidence-based case highlighting which this amount should be lower and more realistic.

Here’s how we do this:

1. We shall review all your medical records as well as the defendant’s MSA report which will highlight every treatment and prescription related to your injury, and carry out our own independent review in order to determine any oversight so we can oppose their analysis.
2. The MSA calculation will take into account your life expectancy which the defendant will source from a standard life table in order to project your lifespan; however, this is usually inaccurate as what they need to use is something known as a “rated age” which accounts for your specific health conditions which may lead to a much shorter projected life span and consequently, lower MSA amount.
3. An MSA amount can also be affected by the total amount, which can be attributed to whether your settlement payout is done as a lump sum or a structured settlement. Defendants will more often than not propose a lump-sum MSA so they get rid of the matter altogether; however, at McCready Law, we shall propose a structured settlement as you’ll receive a consistent, long-term funding for your medical needs.

Nationwide Injury Attorneys – Call Us Today!

While an inflated Medicare Set-Aside may seem like a godsend, the reality is that a defendant will only propose this for their own benefit so they get out of paying any future medical bills. If you’ve been injured and are facing up against a powerful defendant such as a large company in the retail, transportation, real estate, medical or any other industry where you may have to deal with dozens of attorneys coming after you, do not represent yourself or do it alone: instead, give us a call NOW at (314) 481-63338 to learn more about how we can best protect your interests as an injured individual. Remember, we serve all injured victims countrywide so feel free to call us from wherever you are, and your first consultation is 100% FREE! Thanks for choosing us, and we look forward to helping you.