The Art of Settlement

The regulatory landscape of the personal injury lawyer has become exceedingly complicated.

Assisting clients with catastrophic disabilities now exposes you personally to government recovery actions, damages, and malpractice risks. It’s vital that your personal injury practice has a comprehensive plan for compliance when resolving cases if you want to protect yourself—and protect your clients.

In The Art of Settlement, Jason Lazarus helps you navigate the complexities at settlement for catastrophic claims and provides you with the best course of action for each potential issue. As a nationally recognized settlement compliance expert, Jason shows you how to address important ethical issues, navigate settlement planning concerns, preserve government benefits, and employ lien reduction strategies. You’ll gain insightful, essential perspective on how to deal with Medicare compliance, fight ERISA liens, and leverage qualified settlement funds.

In today’s complex and nuanced environment, every PI lawyer can benefit from the principles laid out in this book. This is a trial lawyer’s ultimate resource for the world of regulatory compliance with catastrophic claims—a guidebook you’ll consult again and again.

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Book Reviews

Don't settle your case without reading this book!  Jason Lazarus is the most knowledgeable person I know when it comes to dealing with liens, Medicare and Medicaid compliance. Don't risk running afoul of the regulatory morass. They could come after you, not just the client. Read this book, call Jason. You will sleep better at night.

Sean C. Domnick
Domnick Cunningham & Whalen

Jason's book is an easy and excellent read. He not only guides you through post settlement issues but also navigates you through the pitfalls. Highly recommend.

Mike Crow
Beasley Allen

Jason D. Lazarus new book The Art of Settlement on things attorneys need to do in catastrophic injury cases is a must-read for any attorney who operates in this arena. Our world is changing and the practice of law is becoming more complex every year. As medicine has improved our clients are living longer and that has extended the length of time that we need to think about for what makes up “THE REST OF OUR LIVES”. Failure to address these issues with our clients is not only going to open us up to criticism but also will not help serve our clients best interest. We live in a world of liens and government health care and we must be able to navigate these changes. Jason’s book covers these areas better than anything I have read in the past. I highly recommend this book to all lawyers who want to fight for their client’s quality of life.

Robert Langdon
Langdon and Emison Attorneys at Law

Over the years navigating the increasingly complex issues of liens, benefits and tax consequences has become a malpractice  minefield for the plaintiff practitioner. It is frequently more time consuming and difficult to resolve lien and investment/trust issues at the conclusion of a case than resolution of the underlying case. This is why one needs to begin the process long before settlement and why one should consider the services of a specialist. Looking to expert assistance has become essential in order to protect the client, and importantly yourself, in most cases. This book lay’s it out and explains the challenges we face.

Robert E. Cartwright, Jr., Esq.
The Cartwright Law Firm, Inc.

Bought it. Read it. Promptly bought copies for all of my associates. Well done. An excellent primer on critical aspects of personal injury practice that are far too often overlooked.

Jordan Redavid
Fischer Redavid PLLC

Wonderful book with amazing advice based on many years of experience. This is a real valuable tool for all practitioners, whether on the plaintiff or the defendant side. Proud of you for putting this together and sharing it with our industry.

Rafael Gonzalez, Esq.

Why is Jason’s book important – and why should you read it?  If you are a personal injury attorney or settlement planning professional, Jason’s book has multiple relative strengths and educational value compared with any other available resources with which this writer is familiar.  First, following an introductory chapter, Jason's book provides a valuable discussion about “Ethical Issues at Settlement”. Second, Jason’s summary and analysis of lien resolution issues is a remarkable accomplishment. The topic is rarely addressed so comprehensively and understandably.  Third, Jason devotes eight chapters of his book to the Medicare Secondary Payer (MSP) Act. This detailed discussion addresses: a summary of the Act; mandatory insurer reporting; Medicare conditional payments; Part C Medicare Advantage liens; and multiple chapters on both Medicare futures and compliance.  Fourth, Jason’s final substantive chapter offers an excellent summary analysis of Attorney Fee Deferral at a time when this particular structured settlement sub-market has become increasingly important for both plaintiff attorneys and settlement planning professionals.

Patrick J. Hindert
Independent Life

Attorney Jason Lazarus’s book, The Art of Settlement, is excellent, well written, and I highly recommend it to any attorney who is practicing personal injury law so that he or she knows the steps that must be taken to protect the client from the loss of governmental benefits upon receipt of settlement funds. As outlined in the book, the options available to the client to preserve his or her Medicare or Medicaid benefits vary depending upon a number of different and complex factors. This makes it imperative for the personal injury attorney to have his or her client consult with an attorney who has expertise in this complex area of the law.

Paula C. Roman, Esq.
Roman & Roman PA

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