One of the first things our Tampa disability lawyer advises clients on during an initial meeting involves signing claims forms and keeping a daily diary. Keeping up with this essential paperwork can make the claims process go much smoother, and can even increase one’s odds of success.
During an initial meeting with a Tampa disability lawyer, individuals will be asked to sign a form called an Appointment of Representative. This form is required by the Social Security Administration along with a number of other forms such as a Request for Hearing. Since attorneys often need to collect medical records, consent forms could be required during the initial consultation as well.
After completing the necessary paperwork, attorneys may then perform an assessment interview. This provides them with an overall synopsis of the case so they can determine its strengths and weaknesses. It also gives them a better idea as to how they should proceed, whether it be by interviewing witnesses, conducting medical assessments, or reviewing certain other documents.
Keeping a Daily Diary
One thing our Tampa disability lawyer often recommends is keeping a daily diary of symptoms. A daily diary is useful because it helps clients prepare for testimony later. It can also go a long way toward showing the frequency and severity of certain symptoms such as headaches, seizures, or chronic pain.
Monthly Wall Calendar
Some individuals also use a monthly calendar to mark particularly bad days, indicating ones in which they would likely have missed work if they were well enough to be employed. Those who are currently employed may use a calendar to show days in which their productivity was impaired because of their medical condition.
Contact Our Tampa Disability Lawyer for Help with your Disability Claim
Having a strong Tampa disability lawyer on your side will increase your odds of success. Contact Kaylor, Kaylor, and Leto at (800) 900-7734 today.
Clients sometimes complain to our Sebring personal injury lawyer about low offers during negotiations with the insurance company. Insurance companies and their representatives have found that certain strategies work very well when it comes to dealing with their customers and trying to get them to accept low offers. A personal injury attorney understands these strategies and has developed counter measures to deal with them in order to possibly increase your personal injury payment. Some of the tactics used and possible ways of responding to them follow.
Extremely Low Offers
Our Sebring personal injury lawyer will provide you with a possible estimate of what your case is worth. For example, we might value your case at $20,000 to $22,000. Your minimum amount is $15,000 while you optimistically hope to receive at least $18,000. Your lawyer might send a demand letter asking for $30,000. In return, the claims representative responds with an offer of $4,000 with no reason for the low figure. This strategy on the part of the insurance company means one of these things:
The adjuster felt that your demand was ridiculously high and countered in kind with a similar figure on the opposite end of the spectrum.
The insurance company wants to take cases to trial instead of settling out of court, which might be typical of some conservative carriers.
The claims representative is attempting to shock you with an extremely low offer and hopes that you will reduce your demand significantly.
The adjuster wants you to reduce your expectations about a settlement.
The claims representative is new and doesn’t know how to negotiate or has been given no leeway by upper management.
Dealing with Low Offers
Our Sebring personal injury lawyer will attempt to handle these offers by doing one of the following, depending on the type of case and past experience with this particular company:
You might discuss the offer with your lawyer and adjust your demand accordingly.
You and your lawyer might agree that the insurance company will not budge until you take the case to trial, so you will move forward with a lawsuit.
Your lawyer might discuss further negotiations with the claims representative to see if the company is willing to be flexible. If they do have some room to work with you, your lawyer can adjust the demand to the mid-range and see how the claims representative responds. If the offer does not move up significantly, then your lawyer can discuss possible ways of raising the amount of an offer.
Your lawyer can be up front and ask why the offer is so low. If the claims representative provides additional information, your lawyer can try to negotiate further. If not, your attorney can attempt to work with a supervisor or someone with more authority. If that fails, you can look at taking the lawsuit to trial.
Call Our Sebring Personal Injury Lawyer
Our Sebring personal injury lawyer at Kaylor, Kaylor, and Leto, PA can tell you if you receive a low settlement offer and can find ways to counter the offer. Call us at (800) 900-7734.
A business relationship is essentially formed when negotiating settlements with insurance companies. A Tampa personal injury attorney understands that it is necessary to not only understand the insurance company and settlement policies, but also the need of establishing and maintaining a professional relationship with the insurance adjusters.
Understanding the insurance company is important. There are some carriers whose policy is to not settle or to offer unreasonably low settlements so attempting to settle may not even be worth it until after initiating suit. Just as important is knowing the defense firm representing the insurance carriers. Defense firms representing more reasonable carriers are usually easier to deal with in both the negotiation and litigation process. Conservative carriers (refuse to settle or offer low settlements) usually retain firms who are likely to make the negotiations and litigation process difficult.
As with any person, insurance adjusters respond better to politeness and professionalism rather than threats or offensive behavior. Female insurance adjusters have also increased and may be offended by gender bias or members of the “good old boy days,” decreasing your likelihood of resolving your case.
Your Tampa personal injury attorney will establish a relationship of trust with reasonable adjusters, enabling a more open negotiation process.
Keeping track of the adjuster’s personal information (hobbies, marital status, children, etc.) enforces a friendly, trusting relationship, which in turn helps facilitate negotiations.
Every adjuster must answer to a supervisor. Don’t attack an adjuster personally for a low offer.
Keep an open mind when working with more reasonable insurance companies, whose assessment may be reasonable.
Initiating a conversation that first begins on more friendly topics before jumping into the claim helps establish comfort, willingness to listen, and patience.
Contact a Tampa Personal Injury Attorney
When seeking settlement for your injuries caused by an accident, consult a tenacious Tampa personal injury attorney with Kaylor, Kaylor, and Leto, PA at (800) 900-7734.
If you have been injured in an accident, it is recommended that you contact your Tampa personal injury attorney for a consultation after seeking medical attention. Depending on your accident, you may be entitled to compensation for the damages. One of the questions that personal injury attorneys are frequently asked by their clients is regarding paying taxes on their settlement amount. That answer can all depend on what type of settlement you are receiving. The following information from your Tampa personal injury attorney discusses when you need to be concerned about paying taxes on your injury settlement. If you have any further questions, contact your Tampa personal injury attorney for a consultation. Receiving your personal injury compensation can feel like a hard-won battle. You may think that once you have received your compensation, and paid your attorney, the money is all yours to keep. That is not always the case. Different personal injury settlements may be taxable. The following types of personal injuries settlements are listed below, along with an explanation of their taxable status.
Physical Injury and Compensation
If you have been awarded compensation from a physical injury, then the general rule is that these funds are not taxable under any state or federal laws. This rule stands no matter if your case was settled before going to court, or if your personal injury attorney filed a lawsuit and a judge heard the case. Neither your state or the Internal Revenue Service (IRS) will be able to collect taxes on your physical injury compensation that you were awarded. Being awarded compensation for physical damages is more in-depth than it sounds. That money that you are receiving is meant to cover a range of money that you lost from your injuries. This money will be going to you to compensate for any wages that you lost, medical bills that were incurred from your injury, any emotional duress that you have been under from the accident, and pain and suffering that you have had to endure. If your compensation covers a physical illness, then it is exempt from taxes as well. A physical illness is defined as a negligent act that has exposed you to a germ that caused your illness.
Exceptions to the Rule
While compensation for your physical injuries will not be subjected to taxation, that is not the case if your physical injuries are related to a breach of contract. If a breach of contract is the basis for your lawsuit, then any money received for whatever reason in that breach of contract will be taxable money. If you have been awarded punitive damages, that money is taxable as well. During a trial, your personal injury attorney may ask the jury or judge if they can split their verdict into punitive damages and compensatory damages, which are non-taxable. You will end up owing less in taxes if this is done. If you are awarded a settlement for any emotional damages, this money is taxable as well. To be exempt from paying taxes completely on your settlement it will need to be compensation you are receiving for physical injuries from your accident.
Ensuring You Pay Less Taxes
Your personal injury attorney will do their best to make sure that you get a verdict that will allow you to pay the least amount of taxes on your settlement. If you have two claims against the defendant, your personal injury attorney will want to make it clear on the paperwork which portion is due to physical damages and what isn’t. That way, when you are awarded your settlement, you will be able to prove to the IRS that you only need to pay taxes on a portion of that settlement.
Schedule a Consultation with a Tampa Personal Injury Attorney
Having a skilled and knowledgeable professional by your side will only strengthen your personal injury case. Call your Tampa personal injury attorney today to schedule your consultation with the best from Kaylor, Kaylor, and Leto, PA at (800) 900-7734. Kaylor, Kaylor, and Leto, PA can offer a Tampa personal injury attorney who has the skills and experience to help you fight for a successful outcome in your personal injury case. Call today!