Lawyer Info

Tuesday, January 31, 2017

Personal injury cases are often complex cases that are lengthy and expensive when it comes to taking to trial. Consequently, anyone with such a case requires an experienced law firm with the right resources, tools, technology, and the financial capability to take on giant insurance companies and corporations. It is imperative to make the right choice on your legal representation for that is going to have a great effect on the outcome of the case.

Florida Injury Attorneys

The Floria lawyers injury typically specialize in cases that involve auto accidents, wrongful death, premises liability, product liability, legal malpractice, medical malpractice, and many other cases dealing with wrongful personal injury.

Apparently, there is quite a big number of great, skillful and highly experienced personal injury lawyers in the Florida area and its surrounding environs. Many of these attorneys handle different types of cases, and are well accustomed to their fields of expertise.

While many lawyers in Florida have the requisite experience in different specialties of personal injury, it is prudent to note that others have very little to no experience at all.

As a client involved in the personal injury case, you must choose a personal injury lawyer who understands hundreds of nuances in the personal injury law. The supposed lawyer will fight for you while advising you appropriately throughout the way, making it a lot easier for you to get the compensation you legally deserve.

Factors to Consider When Choosing a Personal Injury Attorney in Florida

The number of cases they have successfully pursued

Some personal injury lawyers in Florida handle five cases a year, whereas some few others handle hundreds. Although virtually every law firm in the region advertises that they specialize in personal injury cases, experience brings a whole lot of difference. An experienced personal injury attorney takes into account all of your damages, injuries and liability to convey a fair settlement to the case. On the contrary, a less experienced lawyer may convey a low settlement that is likely to leave you with significant out-of-pocket expenses.

Free Consultations

Consultations should always be FREE as long as you are dealing with a diligent lawyer who understands everything that revolves around personal injury case in Florida. Top personal injury attorneys in Florida often take the risk of handling a personal injury case when they feel there is a case to legitimately pursue. Thus, most high-end attorneys in Florida handle cases on a contingency fee.

Be very skeptical of attorneys in Florida who take retainers on a case, except for circumstances where you want a lawyer to iinvestigate an issue on an hourly basis. But all in all, choose an experienced personal injury attorney in Florida who does not charge a fee for consultation.

Tips to Choosing the Best Injury Attorney in Florida

Contingent fees are only paid by the client to the lawyer only if the case was successfully handled. Clients and lawyers use this arrangement only when a case is based on claiming money, such as worker’s compensation or personal injuries. In such an arrangement, lawyers agree to accept a fixed percentage of the recovery (the amount finally paid to the client), usually one-third of it.

There are some cases in which lawyers try to negotiate with the insurance companies to easily settle the case. In such cases, the lawyers usually take lower percentages of the money, and it is much better, in general, to avoid going to court and filing lawsuits.

In criminal or family law cases, most jurisdictions prohibit working for a contingent fee as mentioned in Rule 1.5(d) of the Model Rules of Professional Conduct of the American Bar Association.

Some contingent fees arrangements can include a percentage of 100% or even more, these arrangements are usually characterized as being “revenge” cases, in which causing damage to the other parties involved is much more important than gaining money.

Contingent fee paid to attorneys is taxable income because on January 24, 2005; the United States Supreme Court ruled that all litigation recoveries of damages are taxable income, which includes contingent fees paid to attorneys. The Supreme Court reached a decision that attorney’s fees paid out of a judgment or with a contingent fee agreement are includable in a claimant’s gross income for federal tax purposes. The court prioritized the government’s position on the strength of a doctrine that says, “A taxpayer cannot exclude an economic gain from gross income by assigning the gain in advance to another party.”

To explain how that is valid, we have the case of Sigitas Banaitis who was a Vice President and Loan Officer with Mitsubishi Bank and the Bank of California. Banaitis developed stress-related medical problems during his employment and alleged that he was pressured to resign. He sued Mitsubishi Bank for intentional interference with economic and employment expectations and the Bank of California for their wrongful discharge in violation of public policy.

In 1991, a jury awarded Banaitis punitive and compensatory damages. The defendants paid $8.7 million in damages. And to follow the original contingency fee agreement, the defendants paid an approximately $4.8 million to Banaitis and $3.8 directly to Banaitis’ attorney. The plaintiff excluded the $8.7 Million settlement from gross income on his Federal Income Tax return and attached a statement of explanation to his return documents.

The Court’s decision confirms one of the oldest principles in income tax jurisprudence, namely, that income should be taxed only to the one who earned it, regardless of any attempts at anticipatory assignment of the income or damages to someone else. The Court stated that a contingent fee agreement constituted an anticipatory assignment to the attorney of a portion of the client’s income from the litigation recovery.

Contingent Fees and Why They are Tax Deductible

Monday, January 30, 2017

In a divorce, there are typically three types of payments that are made between spouses. One is in the form of alimony, another is in the form of property settlements, and the third, if there are minor children, is in the form of child support.

Deductible Payments:

For amounts paid by one spouse to another spouse to be considered deductible, the amounts paid must be under either a legal separation agreement (called "separate maintenance payments") or a divorce decree (called "alimony"). For separate maintenance payments to be considered deductible, the separation must be considered a legal separation. In a legal separation, there needs to be a formal separation agreement, and neither spouse may live together in the same home. Additionally, a legal separation requires a court order governing what will happen while the parties are separated.

A legal separation is infinitely more complicated and more expensive than an informal separation. Like a legal separation, a divorce decree must be issued under a court order. There is a formal agreement setting forth the terms of the divorce. The payments must be made in cash, and there is a three-year recapture rule that looks at the dollar amount of the payments made over a term of three years. As an example of this rule, if the payments made in years two and three are lower than the payment made in year one by $15,000 or more than the year one payment is considered a property settlement and that deduction are recaptured (treated as taxable income to the payor spouse) in year three. Liability for separate maintenance payments or alimony must end upon the death of the recipient spouse.

Any cash payments made to third parties (i.e. mortgage or rent), under the separation agreement or divorce decree, qualify for separate maintenance payments or alimony. Legal fees paid for tax advice relating to the separation or divorce are deductible as itemized deductions. Legal fees relating to the drafting of the separation agreement or the divorce decree and legal fees related to child custody or child support are not deductible. The payor spouse is entitled to a tax deduction for the separate maintenance payments or alimony made, incident to a legal separation or divorce, and the recipient spouse is required to include such payments as income in their annual income tax return filing. Separate maintenance payments and alimony are considered "compensation" to the recipient spouse for IRA deduction purposes.

Are divorce legal fees tax deductible?

Do not be hesitant in seeking for a legal help after a car accident. Auto Accident Attorney will work with you to make sure that you are well compensated for the damages in the situation that you do not have control off.

Whatever type of injury you have sustained from auto accident that was not your fault, and though small or inconsequential it comes out to be, you ought to constantly ask for both medical and legal assistance immediately following the accident. Delaying the course of action may possibly mean a delay in diagnosis or treatment, and may also possibly make the difference between a successful claim and ineligibility to file for damages against the person answerable for your injuries or loss.

Sometimes auto accident attorney fees are high nevertheless it should not be the central factor in your preferences. First of all you should strive to hire a lawyer who looks reliable, offers a payment arrange and has affordable fees. Too low a fee is no indicator of quality and can mean lack of expertise. High fees can be affordable solely if your case is large and complicated.

Fee Arrangements

Initial Consultation Fee - This fee is what the lawyer charges for your first visit. Make sure you ask what the fee is when you make your initial appointment. Some attorneys charge their usual hourly rate for this visit, some charge a reduced rate, while others offer free initial consultations. Usually by the end of this initial consultation you will know whether you want to hire this lawyer, and the lawyer will decide if he or she wants to take your case. Don't expect to get much legal advice, if any, during this visit. This visit is where you get to interview the attorney and the attorney gets to hear your legal issue.

Hourly Fee - This fee can vary from lawyer to lawyer. It can also vary from city to city, the type of problem, and the amount of experience the lawyer has. More experience the lawyer has, more confidence he or she has in handling your case, therefore they could charge more. At your initial consultation, always ask the lawyer to estimate how long your case will take. But, don't forget that circumstances may change, and your case may take longer than the lawyer expected at the beginning. Some attorneys may consider reduced rates for low-income people. These attorneys will make a decision based on your financial situation, the type of assistance you are seeking, and their current caseload, whether they are willing to lower their fees for you or not.

Remember, if the lawyer decides to charge you by the hour, as amusing as it may sound he or she will track and bill every minute spent working for you. This includes answering your phone calls, preparing documents, doing research, talking to the other side's lawyer, going to court and so on. In addition to that, don't forget to ask if other attorneys or employees at the firm will be spending time on your case and at what rate, because you will be billed for their time too.

To help you attain the damages you deserve to cover at any costs incurred because of the accident such as medical expenses, it is wise that you a find a skilled auto accident attorney. A practiced auto accident lawyer will be able to advise you pertaining to your rights and if your case should go to court, you lawyer will argue in your best interest.

Auto accident attorney fees.

A vehicle accident just rips you apart from your normal life. You may suffer from severe injury, temporary disablement, financial burden, or even loss of your loved one. In such a scenario, when you're going through an emotional breakdown, the insurance companies may force you to settle for lesser or unfair compensation. This is when you need a car accident lawyer. Whenever you get involved in such circumstances, it is always better to hire a reliable and well-known accident lawyer. The lawyer would make sure that you get appropriate compensation for the loss that has occurred to you due to the car accident. He will negotiate for a fair amount of compensation with insurers on your behalf.

Benefits of hiring a car accident lawyer near me

* He will analyze your current situation that has arisen from your accident such as personal injury, pain and suffering, loss of income due to not being able to work, medical expenses, and loss of property.

* After doing thorough research, the lawyer will prepare a blueprint of your case and present in front of you to make you aware of all positives and negatives. This would help you understand the technicalities involved in the case.

* He will also offer you a professional consultation about how to proceed with the case. Also, he will make you aware of all your legal rights and responsibilities so that you can gain an in-depth understanding of the legal issues that the opposite party may raise.

* When insurance companies put pressure on you to settle down your claim for less than what is fair, a car accident lawyer stands with you against callous insurance companies. He negotiates with them for a full and fair compensation.

* The accident lawyers provide you with complete respect and resources to make your case stronger. He prepares all documents to present them in front of the jury in the event your insurance company refuses to offer a fair compensation.

* He puts forward your case and arguments in front of a jury in your favor and demands for higher compensation for the loss you've suffered because of the car accident. He executes your case so flawlessly that you get what you deserve.

* If you want to make an out-of-court settlement, he put pressure on insurance companies so that they offer you just the appropriate reimbursement for the losses you have suffered due to the car accident.

Hiring a reputed and well-known car accident lawyer increases your chances to get fair compensation from your insurance company. It is true that they won't be able to make up for the emotional and physical loss, but they can always help you in the making up for the financial losses that you've suffered because of the car accident.

Benefits of hiring a car accident lawyer

Recent studies have brought out the fact that reckless and negligent driving is the main reason for accidents to occur and the major cause for others to suffer as a result. The person injured is immediately forced into a position where he or she has to fight again for recovery. All this due to some unmindful actions of someone else. This is not an easy thing to do as the injured is already fighting a personal battle to recover. The legal procedures are thrust upon and one has to deal with them as well. This immediately calls the need for help from car Accident Lawyers on an urgent basis.

Herein, is contained information related to the expectations that one can form while having a free initial consultation process with a lawyer. Contact details of an experienced Accident Lawyer are also contained within so as to contact for assistance.

Expect to Answer Questions

The lawyers would like to meet the potential clients for a free consultation process as this will give them a clear idea as to where the case stands and whether or not the client will have a strong case. Many fear the idea of running into huge costs to approach a lawyer and thus stay quiet. To break this thinking, the lawyers schedule this initial consultation and interact with the clients. This will result in the attorneys asking a series of questions related to the suit filed. The potential client is expected to answer all the questions so that the professionals can come to a unified conclusion about the case and also project the steps that can be taken.

Expect to Ask Questions

A consultation doesn't mean that the lawyer is only entitled to ask questions. The injured can also bring out his/her queries and ask the lawyer to solve them. There are various questions that the client can ask. They range from the experience level of the attorney to the fees incurred in fighting the case. It can also include topics like the opinion of the attorney about the case, the potentiality of the case to be fought without any glitch and also about the mode of payment of the fees involved. All questions, queries, misunderstandings of the client can be adhered to and solved during this experience so as to satisfy.

Expect Direct Dialogue

There have been situations where, when people meet the things that they want to hear are often said, rather than the things that were needed to be said. Under no circumstances should there be a situation that can arise when there is a free initial consultation between the attorney and the client? Instead, there should be such an understanding between the two that both are honest with each other about their opinions and should not hang each other up. This will help them function better and ease decision making between them.

Having a Free Initial Consultation with an Accident Lawyer

How to find a personal injury lawyer? If you need to obtain compensation for your injuries, it is time to find the best personal injury lawyer in your area. Choosing an experienced lawyer specializing in personal injury law will increase your chances of getting the compensation you deserve. This is why you should never cut corners when you are interviewing different lawyers and law firms. If you are not sure where to starting when picking a personal injury lawyer, you have come to the right place. Below are some tips on what to consider to make your decision easier for your benefit.

Consider Experience First

The first factor you should consider when you are choosing any professional is the experience. A lawyer needs experience in personal injury cases. This is because experience helps a lawyer approach the case with the right type of strategy. Experience also helps the lawyer gather all of the information they need to support their case. This may include reviewing incident reports, witness statements, and hospital records.

How Much Time Can The Attorney Spend on Your Case?

After you find experienced firms, you need to consider how much time that the attorney can spend building your case. As you might expect, your attorney's focus is very essential to the case. Your attorney is the person you are relying on to present your case in court and to present evidence that you have that will support your case. If the attorney has not put much work into building your case, it can affect your chances of winning. Find out how much time the attorney will spend on your case, what assistants do for the attorney, and whether or not you can call the attorney direct with any questions.

How Many Cases Are Won Each Year?

After you narrow down your list, you may want to find out about the firm's success rate. Successful attorneys have a fairly high success rate because they will take cases that they know stand a chance. Be sure the personal injury lawyer you speak with is honest. Also never hire a lawyer that guarantees to win.

Always choose an attorney based on the facts you discover in your research. If you take the time to research the lawyer and the law firm, you will make the right decision on how to find a personal injury lawyer. Get your free consultations with personal injury lawyers, discuss your case, and fight to get the compensation you deserve so that you can live comfortably.