Must i set up a msa medicare account if i am getting a auto settlement from car accident in 2010 and i am on medicare and ssd

my case is a simple guy pulled out of tops hit my drivers side door and broke my leg in 2 different spots and he had no insurance and a worthless bum my insurance is throu Allstate 300/300 plus under and no insured my lawyer said he thinks because of a new law after he settles my case for around $100grand after he takes out his fees i am not going to get a red cent because he might have to set up a medicare msa account leaving me nothing ..others said msa accounts used to be only for workers comp cases not auto injury cases if this is true and your on ssd and medicare why bother putting ones self thru a long stressful lawsuit dragging on for years just to end up with a msa medicare account then i bet as word gets out more folks on medicare and ssd will not bother wasting there time filin