Negotiating Insurance Settlement in a Personal Injury Case

When you have a personal injury claim, whether you were involved in a car accident or on the receiving end of a medical malpractice, after submitting a demand letter to the insurance company, it is time to negotiate.

If you have handed over a well-prepared demand letter along with the proper supporting files and documents needed to an insurance company, the negotiation process of your claim will most likely consist of no more than some phone calls with an insurance adjuster.

This article will briefly explain how claim negotiations usually work. It will also provide you with several suggestions to aid you in succeeding in the different stages of the process.

Negotiation Process: How it Works

During your first call with the adjuster, both of you will each establish your points regarding the strengths and weaknesses of your personal injury claim. The adjuster will then offer you to make a claim settlement for a figure that is lower than what you asked for in your demand letter. You will counteract with an amount that is higher than the offer of the adjuster but lower compared to the amount you initially stated. Usually, after about two or three phone calls, you will have an agreement on a settlement amount somewhere in between.

Negotiation Process: What to Do?

Have a Settlement Figure in Mind

As a part of the preparation of your demand letter, you should have already determined what you think your personal injury claim is worth. Within this range, you should make a decision about a minimum settlement amount that you will accept before speaking to an insurance adjuster about your demand letter. This amount is for your own personal information so that you can bear your bottom line in mind when you are under the pressures of the negotiation process. This information of yours should not be revealed to the insurance adjuster.

However, you do not have to hold on to that amount that you have set for yourself. If an insurance adjuster indicates some details that you did not consider but that evidently makes your claim weaker, you might have to lower your amount a bit. In addition, if the adjuster begins to offer you a settlement similar or almost the same as your minimum, you might want to change your amount upward.

Do not Jump on the First Offer

When the adjuster makes you a first offer, do not immediately jump at it as it may be so low that it is merely a scheme to check if you understand what you are doing. Or, it might be a reasonable offer but it is too low.

If the first offer is reasonable enough, you can counteract immediately that is a bit lower compared to the figure in your demand letter. This will show the insurance adjuster that you are also being reasonable and are eager to cooperate. A bit more negotiating should get you to a settlement figure that you both think is reasonable and fair.

Get the Insurance Adjuster to justify a Low Offer

If an insurance adjuster makes you a first offer that is so low that it is clearly a mere negotiating scheme to check if you really know what your claim is worth, do not lower the figure you stated in your demand letter immediately. You should instead ask the adjuster to provide you exact reasons why the offer is low. Take down notes of what he/she tells you. You should then write a short letter answering to each of the reasons the adjuster has said.

Personal Injury Lawyer in California

To fully understand all the matters concerning the settlement of your personal injury claim with insurance companies, it is best to seek legal assistance from a competent lawyer.

Our knowledgeable St. Petersburg motorcycle accident lawyer handles personal injury claim settlement with insurance companies. Log on to our website and dial our toll-free number to consult with our team of experts.

Drunk Driving Accidents in Texas El Paso Car Accident Lawyer

A drunk driving accident in Texas kills in excess of 1500 Texans every year. 90,000 motor vehicle drivers are cited for a DWI (driving while intoxicated – also referred to as DUI or driving under the influence). Driving after a person has consumed alcohol is an extremely clear form of driver negligence and those drivers that take to the road and cause an accident may be facing criminal charges as well as a civil lawsuit where punitive damages may be awarded. If a loved one was killed because of a drunk driver, or if you sustained injuries at the hands of an intoxicated motor vehicle operator, immediately seek the advice of an El Paso car accident lawyer.

Major awareness campaigns are underway in the school systems to educate American youth on the dangers of drug and alcohol use and driving, but so far it seems to have had little effect on the death toll. The physical, financial and complete emotional devastation that can accompany these accidents can negatively impact a family for years. It is important they work with a highly skilled and experienced El Paso car accident lawyer to ensure the drunk driver is taken off the road and that they receive fair financial compensation to deal with enormous losses and lifestyle changes.

Your car accident attorney will conduct a systematic investigation of your accident in an attempt to uncover all evidence in your favor and to identify every potential liable party. This might include the person who purchased the alcohol the driver consumed if they were under legal drinking age, the employer of the drunk driver if he or she was performing a job related task while driving, and far more. They will work with expert witnesses, experts in recreating accident scenes, economists to help determine the future costs that will be associated with the accident and injuries, medical experts and more. Your El Paso car accident lawyer has access to a wide variety of outstanding resources to help you build an airtight case.

In a civil court claim involving drunk driving accidents, it is likely the victim qualifies for additional financial compensation in the form of punitive damages. These damage awards are not in any way related to financial losses a victim has incurred because of the accident like medical costs, lost wages, and property damage.

If you live in El Paso, Austin, Corpus Christi, San Antonio or Houston CALL Bonham car accident lawyer for an free initial case review and for an explanation of your legal rights.

Learn Business Law for Newbies: Quick Tips For Making Sure the Right Thing is Done

In order to start and run a business, you’ll need to know some business law. This article offers a few tips on how to make sure the right thing is done in terms of both legal compliance and overall business efficiency. When starting a business, it’s important to make sure you’re doing everything legally. This includes understanding the various pieces of business law, and making sure you’re following the right steps to protect your business. Here are some quick tips to help make sure the right thing is done:

  • Research your legal options: Before taking any action, it’s important to understand all of your legal options. Business Law includes researching contracts, filing taxes, and protecting your trademarks and copyright.
  • Protect yourself with contracts: Contracts are a key part of any business relationship. Make sure you have clear and concise contracts in place that protect both parties’ interests.
  • File taxes correctly: Taxes are an unavoidable cost of running a business. Make sure you’re filing taxes correctly and paying all the necessary fees.
  • Protect your trademarks and copyright: Protecting your trademarks and copyright is important for both commercial and intellectual property protection. Make sure you know how to file appropriate paperwork, and keep track of any changes to your intellectual property rights.

Buying and Selling a Business

If you’re thinking of buying or selling a business, here are some quick tips to help make sure the right thing is done. First, make sure you have a clear understanding of your business and what it’s worth. Use resources like business valuation tools and online directories to get an estimate of what your business is worth. Once you have an idea of what your business is worth, do your research and find a qualified buyer or seller. It’s important to find someone who will appreciate and use your business in the way that you want it used. Next, make sure you have all the documents required to sell or buy a business. These can include things like a business plan, financial statements, and legal documents like a deed or contract of sale. Make copies of these documents and keep them in a safe place. You’ll also want to create a timeline for completing the sale or purchase process, so you know when everything needs to be done. Last but not least, be prepared to answer any questions the potential buyer or seller may have. Business Law includes answering questions about your business, finances, and legal information.

Intellectual Property Law

If you are starting a business, one of the most important things you will need to do is protect your intellectual property (IP). IP includes anything that gives your business an edge over your competition, such as trademarks, trade secrets, and copyrights. By protecting your IP, you can ensure that you are able to generate revenue from your work and protect yourself from unwanted competition. Make sure you have trademark protection. A trademark is a word, phrase, symbol, or design that identifies the source of a product or service and allows you to prevent others from using the same mark without your permission. To protect your intellectual property rights, experienced Pleasant Grove intellectual property lawyer is here.

A Criminal Defense Attorney Because of a Parking Space?

After a jury could not reach a verdict last year in the criminal trial of Oscar Fuller, an electrician from Queens, a mistrial was declared. Fuller faced a criminal charge of felony assault for punching 4’11” Lana Rosas when the two got into an altercation over a parking space in the city. Fuller faced a new trial this past week and was acquitted of the felony charge, but convicted on the lesser criminal charge of misdemeanor assault. The sentencing phase of his trial will take place in June. Prosecutors have said that they will seek jail time for the defendant. The maximum sentence would be one year.

Fuller’s criminal defense attorney doubts that such a sentence will be forthcoming given that the first jury could not agree that Fuller was guilty of any criminal activity and that this second jury could not convict Fuller on the more serious criminal charge of misdemeanor assault. The criminal defense attorney is hopeful that Fuller will not see any jail time at all.

Jurors from the first trial had indicated to reporters that the petite Rosas was initially at fault by trying to stand in a parking spot to hold it for a friend. However, many of the initial jurors did believe that Fuller intended to cause injury when he delivered the blow. But since not all jurors agreed, a mistrial was declared.

In the second trial, the District Attorney still tried to pursue a second-degree assault conviction. Such a serious criminal conviction would have required the prosecution to prove that the Queens electrician meant to injure the woman in such a way as to disfigure her or cause long-standing pain at the very moment he punched her. The approach of Fuller’s criminal defense attorney in the second trial was the same as it had been in the first: to argue that there was no way that Fuller or anyone else could have known that a single punch would lead to the injuries sustained by Rosas. According to the Queens criminal defense attorney, Fuller never denied punching the woman, but always maintained that he never intended the seriousness that occurred.

Regardless of the origins, any criminal charge can have serious consequences if you are convicted. That is why anyone who faces criminal charges in the Queens area needs the same kind of legal assistance from an experienced Queens criminal defense attorney as Oscar Fuller had. Your Naples gun charge lawyer will work tirelessly to obtain the best possible outcome for your case and to ensure that your rights are protected throughout the process as well.

A Car Accident Attorney Can be a Strong Guarantor for Your Rights

For any injured person it is difficult to understand how to protect his rights. He is aware that he will get the compensation but does not know whom to claim for the compensation and how much amount will be fair and what damages will be included in the compensation. To make the things easier for him, it is better that he should contact personal injury attorney as soon as possible. The personal injury attorney will help the victims and their families who are affected by serious injuries by obtaining the maximum compensation for them.

Unfortunately, if you or someone close to you have met with an auto accident in California, then it is important for you to hire a top-rated personal injury law firm in California to protect your rights. Hiring car accident attorney in California can give strength to your case and put the defence attorney under stress. California auto accident attorneys prove to be strong guarantor for your rights. They truly understand their client’s position and keep sympathy with them. They value their injuries and losses and make them feel important and comfortable.

If the injured person decides to fight on his own for his rights, he may land up in mess and confusion. As a common man he may not have the knowledge of California auto accident laws and subsequently don’t know what is required to get the success. Therefore there are possibilities that he may get disappointed by his defeat.

Appointing experienced and professional car accident attorney California will add a competitive edge to your case against insurance companies to claim for the appropriate compensation.

California auto accidents lawyers have good reputation and represent highest ethical standards in the legal profession which will give assurance to the injured person that his rights will be protected.

An injured person can concentrate on his recovery when he get assurance that auto accident attorney is sharing his burden by fighting for his rights and compensation.

California car accident attorney understands that injury resulted from an auto accident may require physical therapies, medical treatments, surgical consultations  and also involves loss of the peace of mind, pain, sufferings, economic loss, loss of future wages and many intangible losses. Therefore he realizes accident victim’s medical and mental condition and help them to maximize their financial compensation.

Involvement of personal California personal injury attorneys or car accident attorneys will keep the insurance companies on toes. They will also appoint insurance adjusters who will aim to reduce the settlement claim by gathering various evidences.

Sometimes when any person get injuries in California auto accident and does not receive the required amount of medical attention in the hospital because doctors are not sure about his financial conditions then he can hire California car accident attorney  who will guarantee to the hospital on the victim’s behalf.

Getting injuries in the auto accident is a life changing experience especially when these injuries are permanent and therefore hiring the right auto accident attorney is also an important decision because he will represent you and understand your pain and sufferings and truly protect your rights.

Hire an Experienced Auto Accident Lawyer to Help Prop Up the Worth of Your Claims

car accident lawsuitsEver experienced a car accident and suffered injuries as a result? All injured parties, from drivers and passengers to pedestrians, can claim reparations for losses from everything from property to medical bills. Sound legal advice can be sought from motor accident lawyers, experts in the field of road accident cases. 

Collecting reparation for road accidents can be hard, particularly when it involves serious injury or vehicle damage. Hiring a reputable attorney can get you out of the mess. From representation to case assessment and evidence accumulation, these lawyers can point you in the right direction.

But getting a good attorney is easier said than done. Some unprincipled attorneys strive only for their own gain and not for the rights of their clients. The following hints will lead you to the right lawyer.

Non-negotiable requirements are education, license, and certification. In addition to attaining a degree in law and passing the state bar exam, motor accident lawyers must also show that they passed the Multistate Bar Examination, Multistate Essay Examination, and the Multistate Professional Responsibility Examination. Most are members of professional organizations, and be sure to verify with the organization the candidate’s membership, education, standing and case handling experience. 

It is also recommended that you ask about his expertise and experience in motor accidents. If it does, tell him to share his experiences and their outcomes. Everyone wants to win a case, and the best lawyer is the one who has proven winnings.

Experience in court is another matter. Auto accident lawsuits are unnecessary in most cases. Lawsuits should be no big deal for your lawyer.

It is also important to talk about the lawyer’s preferred mode of payment. These days lawyers just ask for a percentage of the winnings, which is called contingency payment. Thus, the lawyer and the client both get nothing for a failed claim.

You should look into other fees that you have to pay. Regular meetings may constitute a part of these added charges. You can approximate the cost of pursuing an auto accident claim with these details.

The most important consideration in choosing the right attorney is that you are able to build a good working relationship with him/her. The lawyer should be the half of the team that sticks up for his partner. Keeping the lines of communication open is a big factor.

Top-rated auto accident lawyers near you are available at all costs. You would be granted less in reparations than you would if you hired a motor accident lawyer to represent you. Your lawyer is there to remove accident aftermath burdens, freeing you to recuperate physically, emotionally and financially.

Improper Credibility Bolstering Testimony, Video Clip Evidence Wipe Out Sexual Misconduct Conviction

A sexual misconduct conviction was thrown out by the 2d District Court of Appeal recently because the accused man did not receive a fair trial. The man’s appellate counsel argued successfully that the trial court should not have allowed a police officer and the alleged victim’s teacher to testify about the girl’s credibility, and it should not have allowed the prosecution to play a movie clip that would tend to create improper prejudice in the minds of the jurors. To understand this type of case and get legal advise, don’t delay to talk with a Sex offender lawyer in Orlando.

Henry Keith Cavaliere was on trial for sexual misconduct with an underage girl. The alleged crime came to light when the girl disclosed the molestation to a friend after the two watched a movie about an online sexual predator. The girl subsequently told her teacher about the contact, and later a police officer interviewed her about the incident.

At trial, the state called both the teacher and the officer to testify about their interactions with the girl. The police detective testified that he was trained in kinesics, which is the interpretation of body movements, facial gestures, and other nonverbal behavior. The detective testified that, based upon his dealings with the girl and his training in kinesics, the girl was being truthful when she told her story regarding the sexual misconduct. The girl’s teacher’s testimony about the girl’s behavior also tended to bolster the girl’s credibility.

At trial, the state also showed a clip lasting several minutes in length of the movie the girl had watched with her friend. In the segment that the jury viewed, a girl encountered an older man via the internet. The man made sexual advances toward the girl and, although not shown in the clip, the clip’s context clearly appeared to portray that the man had non-consensual sexual contact with the girl.

Cavaliere was convicted, but the 2d District Court of Appeal ruled in his favor on appeal. Cavaliere’s trial suffered from several fatal flaws. First, the trial court allowed the state to bolster the alleged victim’s testimony improperly. In cases such as Cavaliere’s, when the outcome turns largely upon the jury’s assessment of whether or not the alleged victim was telling the truth, the sort of bolstering that the teacher’s and detective’s testimony constituted was improperly admitted and that error was sufficiently harmful to require that Cavaliere receive a new trial. The court explained that part of the jury’s task was deciding the credibility of witnesses. When the teacher and police officer vouched for the girl’s truthfulness, that task was taken away from the jury.

Although the admission of the improper bolstering testimony alone would have been enough to throw out the conviction and order a new trial, the appeals court also discussed the movie clip evidence. While the movie clip was relevant, since the movie was the spark for the girl’s coming forward, introducing the clip was unnecessary, since the state could have simply obtained testimony from the girl that she watched the film and that it inspired her to speak up. Since the clip depicted a “dissimilar predatory sexual battery” of a young girl, in order to prove a non-central aspect of the case, its probative value was very low and the chances of improperly prejudicing the jury were very high, and the trial court should not have allowed it into evidence.

Jurors are human, and sometimes their emotions can be stoked by the evidence presented to them. That’s why the law bars evidence more likely to prejudice the jury than to establish something of probative value in the case. The difference between conviction and acquittal can often be whether or not your trial consists only of proper evidence against you.

Supreme Court Rejects Police’s Mining Suspected Drug Dealer’s Cell Phone Location Information Without a Warrant

On the heels of this summer’s landmark privacy ruling in Riley v. California, the Florida Supreme Court issued an important ruling last month that strikes a blow not just for the accused but for the privacy of all Floridians. The court’s decision threw out certain cell-phone evidence against an accused drug dealer because the law enforcement officers did not have a warrant when they seized the information. Many legal authorities have hailed the ruling as an important step in the right direction regarding digital privacy.

Shawn Alvin Tracey was suspected of trafficking drugs after a confidential informant stated that Tracey had obtained a large quantity of cocaine in Broward County that he intended to sell in southwest Florida. Officers secured an order that permitted them to obtain a record of Tracey’s incoming and outgoing calls from his cell service provider. Without obtaining an additional warrant, the officers used the real-time site location information, which was also disclosed by the cell service provider, to track Tracey. Using this information, officers were able to modify their target search location and eventually arrested Tracey in an SUV in Broward County.

At trial, Tracey moved to suppress the evidence that the officers had found in the SUV, including a kilogram of cocaine and $23,000 in cash, arguing that it was the result of the illegal seizure of his cell phone location information. The trial court rejected that request, and Tracey was convicted. The 4th District Court of Appeal upheld that decision and Tracey’s conviction.

The Florida Supreme Court, however, came down differently. The majority of the court expressly rejected the argument, made in some cases, that a cell phone user implicitly consents to law enforcement’s seizing his or her wireless location information solely because users know or should be aware that cell phones give off location signals that the provider uses to route calls and that certain phone apps use in order to function. Just because the user permits an app to use his or her location does not mean that he or she is consenting to the use of his or her location information for any and all purposes.

The court also rejected the argument that users can choose to maintain their privacy by powering off their phones. “Requiring a cell phone user to turn off the cell phone just to assure privacy from governmental intrusion … places an unreasonable burden on the user,” given how necessary the devices have become for the lives of many. In fact, it was the ubiquitousness of modern cell phones that led the court to point out another problem with allowing such warrantless searches and seizures to stand. Since “cell phones are indispensable to so many people and are normally carried on one’s person, cell phone tracking can easily invade the right to privacy in one’s home or other private areas, a matter that … is clearly a Fourth Amendment violation,” the court pointed out.

In sum, allowing such a warrantless seizure as the police performed in Tracey’s case would open the door to many potential risks and harms with regard to the Constitution’s privacy protections, while on the other hand “it is not an insurmountable task for the government to obtain a warrant based on probable cause when such tracking is truly justified.”

Police use many creative and novel techniques to pursue suspects. Some of these methods are constitutional, but other times they cross the line. If you or a loved one has been accused of a crime. Our experienced and aggressive attorneys will work diligently to make sure that you get a fair trial by facing only the evidence the police secured by legal means.

Florida DUI – Is the Breath Test Accurate

Florida law enforcement agencies use a breath testing device called the Intoxilyzer 8000 to measure an arrested person’s blood alcohol concentration and secure evidence to convict citizens of DUI. Does this small machine accurately measure how drunk you are? Why is it supposed to be more accurate than the machine previously used, the Intoxilyzer 5000? Was that machine accurate if it was replaced?

The science behind breath testing offers insight into the shortcomings of the breath testing machine.  Issues such as the following:

Did my partition ratio differ from the 2100:1 standard used in the Intoxilyzer 8000’s software?

Was there another chemical in my breath which the machine misread as alcohol? (the Intoxilyzer does not measure the ethyl alcohol but molecules in the methyl group)

Was my body temperature elevated? (a 1% elevation could cause a 8% increase in the breath result).

The following video clip is interesting. Defense attorneys, Dalli & Marino,  have known of this defect in the Intoxilyzer machine for years (positive alcohol reading after eating bread), and manufacturers of the device certainly have a scientific reply for why this result doesn’t prove that the machine is inaccurate.  However, the fact that bread is causing the instrument to show an alcohol reading makes you wonder how accurately the software inside this machine is reading alcohol results that lead to convictions.

St. Petersburg Florida, mayoral candidate has clean driving record

In an article yesterday from the St. Petersburg Times, it seems that St. Petersburg mayoral candidate Deveron Gibbon’s does have a clean driving record. The paper printed it wrong in an article from Sunday’s paper.

I personally have my own issues with the Times and their lack of fact checking as well as their one sided approach to journalism. But the July 8, 2009 article brings up a good point: Driving records received from either the Clerk of Court, or the Florida Department of Highway Safety and Motor Vehicles are often incorrect or misleading. Which causes problems for people when they apply for jobs, get background checks, or ultimately have their licenses suspended based on incorrect information. Click here for correct information.

What should you do about it? Check your driver’s license regularly at the DHSMV website and if you think the information is wrong. We can’t guarantee we can fix it, but our motto is: “the fix it firm.”