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Estate Planning for Special Needs Children

Birth Injuries and Estate Planning Options

Estate planning for a child with special needs or injuries sustained during birth is extremely important. The rules and law surrounding estate planning for a child with a birth injury are complex.

Failure to work with a knowledgeable birth injury attorney on estate planning issues may cause significant problems with state or federal aid in the future. Additionally, if you take legal action against an at-fault party and receive compensation, you should understand how that will affect your son or daughter.

Estate Planning Options for Children With Birth Injuries

Taking steps to hold a doctor, nurse or hospital accountable for the harm caused by a birth injury can result in a large verdict for past, present and future damages. When a birth injury lawsuit is successful in recovering financial compensation, the parents should consider a special needs trust to retain the funds for the child's long-term medical and emotional needs.

In addition to a special needs trust, there are other estate planning tools available to protect the best interests of the child based on the severity of the injuries and the anticipated expenses for medical care. These estate planning options include:

  • Wills
  • Guardianship
  • Conservatorship
  • Medical directives
  • Life insurance

Planning for your child's future by hiring a knowledgeable birth injury attorney to assist with estate planning needs can prevent significant headaches in the future. The worst possible scenario is causing your child to lose his or her Medicaid or state or federal benefits due to inheritance or other income that disqualifies the child.

Find Out More About Special Needs Trusts

The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., made up of experienced attorneys and medical professionals. Our lawyers have more than 100 years of combined experience handling birth injury cases. We are dedicated to helping parents understand their child's condition and guiding them through the process of securing the care and support they need.

To discuss your needs with one of our professionals, contact our office in Philadelphia, Pennsylvania. We serve clients across the United States.


Located in Philadelphia, Silvers, Langsam & Weitzman, P.C., home of MyPhillyLawyer, serves clients in Philadelphia County, Pennsylvania, and throughout the United States.

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