Tag Archives: settlement

How Does a Settlement Affect Social Security Benefits?

Personal injury clients receiving SSI benefits (SSDI benefits aren’t affected at all by a settlement) need to be aware how the settlement money will affect those benefits before receiving any settlement money. The social security administration (SSA) has strict limits … Continue reading

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Why Lawyers Pressure Clients to Settle

Lawyers pressure clients to settle all the time. This is not necessarily a bad thing, nor is it necessarily wrong to do — sometimes it is, but more often than not the lawyer truly believes that the settlement he advocates … Continue reading

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Paying Back Medicare After a Lawsuit

Medicare recipients who file personal injury lawsuits need to be aware that by law they will have to pay Medicare back from their judgment or settlement. Unlike cases where private health insurers seek repayment, cases involving Medicare liens offer lawyers … Continue reading

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Suing an Attorney for Malpractice is Harder Than You Think

Legal malpractice cases are particularly difficult and expensive to pursue. Aside from the inherent difficulty in finding an attorney who accepts legal malpractice cases, the plaintiff essentially needs to prove two cases in order to win: (1) the malpractice case … Continue reading

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Lawyer Win/Loss Records — Why You Can’t Find Them

I’ve been asked on more than one occasion where plaintiffs can look up the win/loss records of lawyers. Usually this is in conjunction with them initially hiring a lawyer or thinking of switching lawyers, the thought being that this would … Continue reading

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Loss of Consortium Claim — Worth the Bother?

Loss of consortium claims are treated as an afterthought by most personal injury lawyers. While they are legitimate claims, their value usually pales in comparison to the primary plaintiff’s claim (and often add no real value, for reasons I’ll discuss … Continue reading

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When a Defendant Admits Fault, That’s Only Half the Battle

Don’t start celebrating a victory in your personal injury case just because the defendant admitted being at fault (admitted liability, in legalese) for your accident. Plenty of “admitted liability” cases still go to litigation, or even to trial. This is … Continue reading

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Can I Settle With Just One Defendant?

If you have sued more than one party in your personal injury case, you’re probably wondering whether you can settle with one of them and still proceed with the lawsuit against the other(s). Such an arrangement could let you have … Continue reading

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Want to Settle Your Own Accident Claim? Part 3 – The Demand

Having decided whether you should try to settle your own accident case (Part I) and gone through the preparations and document gathering needed to prepare your demand (Part 2), you should now be ready to draft your settlement demand letter. … Continue reading

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Want to Settle Your Own Accident Claim? Part 2 – Prep Work

For those of you who read Part I of this article (you did read Part I, right?) and decided that you still want to try to settle your own accident claim, here are some suggestions for how to proceed. Always … Continue reading

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Want to Settle Your Own Accident Claim? Part I – Should You?

Many people involved in accidents which give rise to personal injury claims wonder if they should try to settle their own case before hiring a lawyer. Will they personally recover more money by negotiating with the insurance company directly, thereby … Continue reading

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Letter of Protection — Delay Medical Bills Until Settlement

Not every personal injury plaintiff has health insurance. Those who are involved in automobile accidents may have PIP or med pay coverage to pay medical bills, but these benefits are often not enough to cover all necessary medical treatment. These … Continue reading

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Attorney Costs — Reviewing Your Own Lawyer’s Bill

Costs are the expenses your attorney incurs which are directly attributable to your specific case. Almost all personal injury attorney fee contracts require that these costs be reimbursed from your share of the recovery, i.e., the money left over after … Continue reading

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Seven Deadly Sins for Plaintiffs

You may not think that the seven deadly sins have anything to do with your lawsuit. Before you get nervous, know that I’m not a religious person and I’m not going to preach to you. Rather, I appreciate the simplicity … Continue reading

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Question From Reader Rachel About Inadequate Insurance By Defendant

A reader identifying herself as “Rachel” posed the following question in a comment on my “About” page (where no one would probably see it, so I decided to make an article out of it). Just to let you all know … Continue reading

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Could $10 Save You Hundreds or Thousands on Your Settlement?

If your case is close to settling, especially if you are close to mediation, I’ve got a tip that could put a lot more money in your pocket. How much? Well, that depends on the size of your case, but … Continue reading

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How Long After Settlement Before I Get Paid?

If you’re just about to settle your case (or if you already have) you’re probably wondering when you’ll actually be paid. The typical lawyer answer is “it depends,” which is true, but I’m going to tell you what “it” depends … Continue reading

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Should I Settle or Go to Trial?

Most personal injury plaintiffs will be plagued by this question at some point during their lawsuit. Should you settle and take less than what you think your case is worth, or risk it all at trial? The vast majority of … Continue reading

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Unhappy With Your Settlement and Want to Get Out of It?

So you’ve settled your personal injury claim and you now have a huge case of buyer’s remorse. You wish there was something you could do to get out of that agreement. In most cases, as long as you orally gave … Continue reading

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Medical Bills – Are You Paying Too Much?

Most people don’t have a clue as to what routine medical care costs, much less surgery, advanced imaging, or hospital care often associated with personal injury cases. We essentially rely on our medical providers to bill us a fair amount … Continue reading

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My Lawyer and Opposing Counsel Are Friends – Should I Worry?

It is not uncommon for plaintiff and defense lawyers to know each other, especially in smaller cities. Sometimes these lawyers will even be friends. So, should you worry if your lawyer is friends with, or friendly with, opposing counsel? In … Continue reading

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Mediation Advice for Personal Injury Plaintiffs

Mediation is a formal settlement conference that usually presents you with the best chance to settle your personal injury lawsuit before trial. This article will give you an overview of the mediation process and some advice on how to make … Continue reading

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Automobile Property Damage Claims — Representing Yourself

If you’ve been in a car accident, many personal injury attorneys will not want to deal with the property damage part of your claim (paying to repair your car). This is due to the fact that property damage claims force … Continue reading

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Paying Back Your Health Insurer – A Necessary Evil

If your health insurance company paid for medical bills stemming from your personal injury claim, it will want to be paid back after the claim is settled (or you get paid from a judgment after trial). The same is true … Continue reading

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Lawsuit Loans – Use Only if You Absolutely Have To

In my law practice, I have always advised clients not to obtain a “lawsuit loan” unless they have absolutely no financial alternative. For those not familiar with the concept, there are companies which will loan plaintiffs money against an anticipated … Continue reading

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