Experiencing an injury on someone else’s property due to poor maintenance can be a challenging situation. However, it’s crucial to understand that you have legal options to seek compensation for the personal injuries you’ve suffered because of poor maintenance or negligence. In this blog post, we’ll explore the steps you can take if you’ve been injured on a property due to negligence.

The case background:

In the Kennedy v. Genno case, the plaintiff, a pedestrian who suffered cognitive disabilities following a motor vehicle accident, was awarded a $350,000 settlement. The primary legal issue was determining the best method to manage $200,000 of the settlement intended for the plaintiff’s care.

Key legal considerations:

  1. Structured Settlements vs. Trusts:

    Structured Settlements: Offer tax-free, periodic payments over a specified period, providing financial stability. However, they can be
    inflexible and may not align with the plaintiff’s changing needs.

    Henson Trust: Provides flexibility in managing the funds, allowing for investments and growth. It is particularly beneficial for
    individuals with disabilities, ensuring their needs are met both immediately and in the future.

  2. Rule 7 of the Rules of Civil Procedure:

    Settlement Management: For parties under disability, funds are typically paid into court unless otherwise directed by a judge. This rule
    ensures that the plaintiff’s interests are protected, and the funds are managed appropriately.

  3. Court Proceedings for Automobile Accidents Regulations:

    Periodic Payments: Settlements over $100,000 often require periodic payments, especially when the plaintiff’s ability to manage finances is in question. This regulation aims to provide long-term financial security.

Importance of legal representation:

  1. Advocacy and Negotiation:

    Expert Advice: A lawyer specializing in personal injury law can advocate for the best financial arrangement for the plaintiff, ensuring their immediate and future needs are considered.

    Negotiation Skills: Experienced lawyers can negotiate effectively with insurance companies and other parties to secure a fair and comprehensive settlement.

  1. Managing Complexities:

    Financial Planning: Lawyers help navigate the complexities of financial planning, whether opting for structured settlements or trusts.

    Legal Compliance: Ensuring that all legal requirements and regulations are met, protecting the plaintiff’s rights throughout the process.

Lessons for personal injury victims:

  1. Importance of Thorough Documentation:

    Medical Records: Detailed medical records are crucial in establishing the extent of injuries and the required care.

    Incident Reports: Comprehensive incident reports support the claim and provide a clear picture of the events leading to the injury.

  1. Long-Term Financial Planning:

    Future Needs: Consideration of future needs is essential, especially in cases involving disabilities. Trusts can provide the necessary flexibility to adapt to changing circumstances.

    Legal Guidance: Continuous legal guidance ensures that the settlement is managed effectively, providing sustained support to the victim.

  1. Legal Protections:

    Rights and Regulations: Understanding your legal rights and the relevant regulations helps in securing fair compensation. Expert legal advice ensures compliance with all procedural requirements.

Remember: You don’t need to navigate this alone; you can contact D’Aloisio Law for a free consultation, and we can help you through the process. Book your consultation today.


Bringing This All Together

The Kennedy v. Genno case underscores the critical role of expert legal guidance in personal injury settlements. From advocating for the most suitable financial arrangements to ensuring compliance with legal requirements, having a knowledgeable lawyer by your side can make a significant difference. If you or a loved one has been involved in an accident, seeking professional legal advice is essential to protect your rights and secure the compensation you deserve.

For more information and personalized legal assistance, contact us today. We are committed to providing expert guidance and support to ensure the best possible outcome for your case.

Book your free consultation today, virtual or in-person, and with our principal lawyer, so, you are in good hands from your first call.

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