When and Why Do I Need A Personal Injury Lawyer?

If you’ve ever been in an accident, or have been injured in some way due to the carelessness of somebody else, then you may be struggling with a number of questions at the moment. You may be wondering what you should do with all the medical expenses, which is compounded by all the loss of income from time not working. You may be racking your brain about how to adjust to your current change in circumstances. One of the biggest questions that you may be struggling with right now is if you have to hire a personal injury lawyer to assist you in seeking compensation for your injuries. Maybe all you require is some advice. In certain cases, however, you may need an experienced personal injury attorney to guide you through the process and help you receive the compensation you deserve so that you can get back to your old life as much as possible. 

 

Do I Need A Lawyer For My Personal Injury Claim?

 

There isn’t necessarily a legal requirement to have a lawyer handle your personal injury claim. You could technically file all the necessary paperwork yourself and represent yourself in court, if you choose to do si. However, your chances for winning your case and receiving the compensation that you deserve are a lot higher if you decide to hire an experienced and qualified personal injury lawyer like Thompson & Thomas PA. Depending on the specific circumstances that surround your injury, you may have to bring in expert witnesses, sort through documents provided by the defendant, and also provide a  depth and breadth of evidence in court in order to prove your case. You will have to follow complex rules of evidence and procedure in order to present your case, make objections, file motions, etc. You also need to know how to leverage your case during negotiations to land on a settlement that you are happy with, outside of court. 

 

Your insurance company is not on your side- their goal is to make sure that you receive the least amount of money possible- and deal with issues like these every single day. The vast majority of injured civilians probably have never had much contact with the legal system before the accident happened. Our highly experienced lawyers at Thompson & Thomas PA will be able to help you level the playing field by negotiating settlements, navigating the pre-trial process, taking your case to trial, and fighting for the compensation you deserve- all with a greater chance of success than if you do yourself. 

 

Benefits Of Hiring A Personal Injury Lawyer

 

You may want to try and negotiate a settlement with the insurance company or at-fault party, only to discover that the only settlement they offer you is completely unfair- or nonexistent. Even just the act of hiring a personal injury lawyer of the party you are claiming against, and raise your likelihood of negotiating a fair settlement.

 

A good personal injury lawyer will listen to you, thoroughly gather information and evidence, talk to you about all of your options, and guide you through pursuing the course of action that you ultimately choose. Their job includes:

  • Handling your case personally, listening to your needs, and responding quickly to your questions
  • Calculating and documenting all of your losses
  • Making sure that all court documents, insurance claims, and other paperwork are filed correctly
  • Systematically gathering crucial pieces of evidence
  • Interviewing witnesses who were present at the incident of your injury
  • Representing your interests throughout negotiations with insurance companies
  • Fielding prospective settlement offers and acting in your best interest

 

If you are seeking a personal injury lawyer for your personal injury claim, call Thompson & Thomas PA for a consultation today.

Injured on the Job, What Are My Rights?

In every state of the U.S employers are required to provide their employees with reasonably safe and healthy work environments. However, there are occasions where employers fail to fulfill this duty, and employees are injured as a result. There are also instances where employees can still be injured on the job even when every effort has been made to make a workplace safe. These injuries may include everything from broken bones, aggravations of pre-existing conditions, occupational illnesses, and even psychological injuries. Every state provides some kind of system to assist employees when it comes with work-related injuries. Read on to learn more about how you can protect your rights if you are injured on the job.

 

The most important way, and also the easiest way, to protect your legal rights is to report your injury to your employer. The majority of states will stipulate that you report your injury within a certain period of time, typically the same day or within a couple days of the incident. Depending on the circumstances of the injury, this may not always be possible, but it is still key to report the injury as quickly as is practical. The next step that you can take to protect your rights is to file a claim with the workers’ compensation court or with the industrial court of your state. This will give formal notice of your injury with your employer, the court, and your employer’s insurance company. After your claim is filed, certain automatic protections are immediately put in place.

 

What Your Rights Are

 

Workers’ compensation laws vary across a wide range depending on the state. The rights that an injured employee is afforded also varies widely, including the different legal procedures that ensure those rights. In general, however, there are a number of legal rights that are common across the majority of states:

  • The right to file a claim for your injury or illness in workers compensation court or the state industrial court
  • You possess the right to visit a doctor and to pursue medical treatment
  • If you are released to return to work by your physician, they you have the right to return to your job
  • If you are unable to go back to work due to your injury or illness, whether permanently or even temporarily, you have the right to some type of disability compensation.
  • If you disagree with any decision by your employer, the employer’s insurance company, or the workers’ compensation court, they you usually have the right to appeal that decision, and you also possess the right to be represented by an attorney throughout the whole process.

 

It’s just as important to understand your right to REFUSE certain requests or offers as it is to understand your rights to ACT. This means that if you are injured and your employer encourages you to use your own health insurance to pay for your medical treatment, then you possess the right to refuse. If your boss offers you some incentive to try and persuade you from filing a workers compensation claim, it is an illegal act and you have the right to refuse. In every state, you are able to pursue a workers’ compensation claim without fear of reprisal or harassment from your employer. If your employer makes it difficult for you to freely exercise these rights, then the penalties which are imposed upon the employer can be pretty severe. It is illegal for your boss or supervisor to harass you at work, or to otherwise make it difficult for you to do your job, if their behavior is motivated by your filing of a workers compensation claim.

 

If you are seeking legal counsel on a workers compensation case, call Thompson & Thomas PA today for a free initial consultation. 

Why Do I Need A Real Estate Attorney?

Many capable homebuyers often question why exactly they need a lawyer for their real estate transaction. “Can’t my real estate agent see me through?” is a common question we get here at Thompson & Thomas PA. Even though the services of an attorney adds to the overall cost of a real estate transaction, it’s generally money well spent, and the one-time cost may save you a significant amount of hassle and money in the future. Read on to learn more about how a real estate attorney can help you close the deal and avoid the pitfalls that may end up costing you a lot of money. 

 

Contracts

 

Even though the majority of individuals can negotiate face-to-face with each other, the terms of the deal has to be memorialized properly in a contract for them to be legally binding. Attorneys not only negotiate on your behalf but ensures that the contract adheres to all state laws, along with addressing any specific issues that may affect the future use of the property. Many homeowners are unaware that in many states the buyer and the sellers have three days to review a real estate contract signed in conjunction with a realtor before it becomes legally binding. A lawyer would not only let the client know about it, but also review the contract for any legal glitches, make any necessary changes, and edit in any contingencies you may want.

 

Title Searches

 

A title search is supposed to make sure that the property being sold is free of any encumbrances, such as liens or judgments. The outcome of the title search is key since it lets you know whether the seller has the legal right to sell the property in question. Even though anybody can do a little search, especially in this digital age, an attorney will be able to accomplish it much faster, and often cost less. If something problematic comes up, your attorney can let you know how to proceed.

 

Property Transfers

 

When one or more parties involved are corporations, trusts, or partnerships, the contract preparation and ensuring negotiations can get highly complicated. An attorney understands these different types of business arrangements and their legal boundaries within your state’s law. This means that the attorney will make sure that the contract is consistent with the law, but also that the terms of the deal will not violate in any way the partnership’s, trust’s, or corporation’s charter agreements.

 

Filings

 

Real estate deeds typically have to be filed at the county and state levels- an attorney can do this quickly and efficiently. Moreover, if the transaction involves property in an area where certain types of construction may not be permitted, the attorney can help navigate the maze of state regulations in order to complete the transaction. 

 

Sellers Need Attorneys Too

 

If you’re selling a property, you need an attorney in order to reduce your chances of being sued by the opposing party for failure to disclose certain information. An attorney will review the home inspection and also ensure that all relevant facts about the property (as well as any judgments or defects) are made known to the other party. This is especially key when the opposing party is a corporation or a partnership.

 

If  you are seeking a real estate attorney, contact Thomson & Thomas PA for a consultation today.

 

Avoiding Defamation In the Workplace

Let’s set the scene. Think about a typical Tuesday at your business. Your employees are still fresh in the week and working hard. The phone rings. It’s the manager of another business in town, and he’s looking for a reference for an employee who you let go the month before for poor performance. However, you also suspect that the employee was stealing money from your business. What should you say? How much information should you give out, and what if the individual in question hears about it? Whenever an employer discusses the discharge or performance of an employee, it is imperative that he or she is cautious to not expose their business to potential liability for anything that they say to someone else or put in writing. 

 

Even though employers may think at the time that they are doing a favor for the requesting party by providing their own opinion of the terminated employee, it is likely that any statement made (spoken or in writing) can get back to the person and lead to a potential defamation lawsuit. This is why it’s imperative that employers are aware of the repercussions of defamatory communications in the workplace, and that they are aware of the best practices for monitoring and preventing such cases. 

 

A defamation lawsuit will allow a current or former employee to recover for injury to his or her reputation that is the result of false communications the employer delivered to other individuals. There are two forms that defamation can take: libel or slander. Libel is a written defamatory statement, while libel may be found in a written performance evaluation or a manager email to employees with false reasons regarding the termination of an employee. In order to prevail on a defamation claim, the employee has to first show that the employee made a false and defamatory statement to a third party that was not specifically privileged. Moreover, the employee has to demonstrate that the employee was at fault for the publication of the defamatory statement and that the publication caused harm or “actionability of the statement irrespective of special harm.” If the employee is able to prevail on his or her defamation claim, then he or she may be able to recover general damages (injury to his or her reputation, hurt feelings, or mental suffering); special damages (injury to plaintiff’s business, occupation, or profession); and punitive damages. 

 

There are many situations that can result in potential claims for defamation in the workplace. Here are four common scenarios that employers need to be careful with in order to avoid defamation lawsuits:

  • Job reference phone call
  • Employee’s performance evaluation 
  • Termination or discharge of an employee
  • Statements made during an investigation, in litigation, or to an administrative agency

 

The truth will always be your best defense in a defamation case. Always be careful with mixing facts and opinions when discussing employees, no matter if it’s after termination, on a job reference phone call, or during an evaluation.

 

If you are looking for assistance with a lawsuit, call Thompson & Thomas PA today for a free initial consultation. 

 

Mediation Attorneys of South Florida and Worker’s Compensation

Mediation is the process of agreeing on a settlement for a civil case without going to court, where a judge decides the outcome. Mediation is much less expensive than paying for court fees and is usually a much quicker and more efficient way of getting your case settled and money in your pocket. One of the most common times people need to use mediation attorneys of South Florida is when they are hurt on the job and have a worker’s compensation case to contend.

If you have been hurt on the job recently and your personal injury lawyer is suggesting scheduling mediation, there are a few things you should know about the steps to mediation:

  1.       Neutral Setting- The first step to mediation is to plan a meeting place for both parties, their lawyers, and sometimes family members with the mediator. Often this can be the mediator’s office, a lawyer’s office, or another neutral setting.
  2.       Introductions- The mediation attorney will introduce themselves and the parties as well as explain the mediation process and what will occur in the meeting.
  3.       Opening Remarks- Each side will be allowed one person to present it’s allegations and their side of the story, with their demands. Neither party is permitted to interrupt the other while they are speaking.
  4.       Discussion- The bulk of mediation is discussing each party’s viewpoint and what their demands are. Questions can be respectfully asked, and the mediator will help facilitate active listening and clarification when needed. The mediator will begin working towards an agreement that both sides can be happy with.
  5.       Caucuses- The mediator may decide to speak to one of the parties privately, or one-on-one when they believe the mediation may not be going well or they need to get the person back on track. Caucuses, or sidebars, can help parties regroup and stay on track with a productive conversation.
  6.       Negotiation- Once the discussions have happened, and both parties present their case, evidence, and demands, it is time to negotiate. Most people don’t come out of a mediation getting everything that they want; however, mediation attorneys in South Florida and all over the world can help ensure you understand what is fair.
  7.       Settlement Agreement- After negotiations are complete and the mediator is evident on the agreed-upon plan, they will write up the settlement agreement. Each party will receive a copy of the settlement to sign with their legal representatives and file with the court.
  8.       Finalization- Once the settlement agreement is filed with the court, it will land on a judge’s desk where it will be finalized if approved. Sometimes parties must show up to court and talk to the judge, and other times judges do not require such.

Mediation attorneys in South Florida that represent people dealing with worker’s compensation claims are often the best way to get a fair settlement quickly. Mediation can be completed much faster than going to court. Settling your worker’s compensation claim through mediation can also be much less stressful and time-consuming than fighting it out in court.

When you need help with mediation and worker’s compensation in South Florida, call Thompson & Thomas, PA, at 531-651-4150.

What Exactly Is Social Security Disability?

[vc_row][vc_column][vc_column_text]While the majority of people who are approved for Social Security or SSI disability will be able to keep getting their benefit check for years to come, there are still things that can cause your
Social Security disability benefits to be ended. For example, if you’re applying for Social Security or SSI disability, or are currently receiving Social Security or SSI benefits, then it’s important to be aware of what potentially could stop your disability benefits. Thompson & Thomas PA is here to assist you in protecting your benefits and navigating this area.

 

Firstly, you should have an understanding of the two different disability benefit programs which are operated by the Social Security Administration, or SSA. Social Security Disability Insurance, or SSDI is based on an individual having paid enough in Social Security taxes to be eligible for certain benefits. This would be somebody who has not worked long enough, or recent enough, to maintain sufficient “work credits.”  They are ineligible for SSDI no matter what their disability is. Supplemental Security Income (SSI) is a needs-based (low-income) program. You do not have to have paid Social Security taxes, or to have even worked, in order to be eligible for SSI. However, there are hard limits in the income or assets that somebody can possess in order to qualify for these benefits.

 

The most common reason for someone’s Social Security Disability (SSDI) benefits to stop is because they have gone back to work. While in certain cases it is possible to be employed while continuing to receive SSDI payments, you will need to follow specific rules and regulations. If you go back to work while receiving SSDI benefits, the SSA will need to determine if you are in fact engaging in “substantial gainful activity” (SGA). The largest factor in determining if work will qualify as SGA is how much a person is paid. In 2019, somebody can be typically considered to be engaging in SGA if they are earning more than $1,220 ($2,040 for blind SSDI recipients). For example, if you are earning $200 a  week doing part-time work, you would be within the SGA work limit. However, this isn’t necessarily a cut and dry issue. If you are working a lot, then the SSA may state that your job duties constitute SGA even if your income is under the SGA amount.

 

The “trial work period” constitutes one exception to the SGA rule. This is a period of time that allows someone who is currently receiving SSDI benefits to go back to work without losing their SSDI eligibility. In the majority of cases, you are able to work for around nine months throughout your trial work period without having your SSDI benefits stop, no matter how much you’re making. If, at the end of the TWP, you are still working and earning over the SGA level, then you will no longer be considered disabled and your Social Security payments will stop.

 

Thompson & Thomas PA are here to help you navigate your benefits and income questions. Call Thompson & Thomas PA today for a consultation.[/vc_column_text][/vc_column][/vc_row]

Social Security Disability

How much do you know about Social Security Disability? Here at Thompson & Tomas, PA, we are here to make sure you have all the information you need to keep your benefits. 

 

What Is Social Security Disability?

Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability.

 

Social Security Disability Insurance (DI) pays monthly benefits to workers who are no longer able to work due to a significant illness or impairment that is expected to last at least a year or to result in death within a year.

 

While most people who are approved for Social Security or SSI disability will continue to receive their benefit check for years to come, there are things that can cause your Social Security disability benefits to be terminated. If you’re applying for Social Security or SSI disability, or are currently receiving Social Security or SSI benefits, it’s essential to be aware of what could make your disability benefits stop.

 

The most common reason for someone’s Social Security Disability (SSDI) benefits to stop is because they have returned to work. While, in some cases, it’s possible to work while continuing to receive SSDI payments, there are specific rules you need to follow.

 

More About Us!

Serving South Florida and the Treasure Coast. One of the strengths of our firm is that we practice in several, related areas of law, including personal injury, workers compensation, Social Security Disability, employment law, and more. This is a benefit for our clients if they are dealing with an issue that is complex and involves multiple areas of law.

 

For example, a workplace injury may involve more than filing a workers’ compensation claim. If someone other than the worker’s employer was responsible for the injury, the worker might have the right to seek additional compensation by filing a personal injury claim against the at-fault party. If the worker is totally disabled as a result of the injury, he or she may need to file a Social Security Disability Insurance claim. If the employer retaliates against the employee for filing a workers’ compensation claim, the employee may need our assistance in the area of employment law.

 

Contact Us Today!

Get all the information you need when it comes to social security disability. At the law firm of Thompson & Thomas, P.A., that won’t happen to you. With two principal attorneys with more than 40 years of combined experience and staff members who have been with us for more than 15 years, we provide a level of personal service that isn’t possible in a large law firm. We take the time to get to know our clients, and our clients get to know us. That leads to long-term relationships that benefit our clients. Call us today for more information!

 

Understanding Social Security Disability

Dealing with social security disability can be confusing. When tackling the subject, many things can come to mind. You are not alone. The legal experts at Thompson & Thomas P.A. are here to give you all the information you need. 

 

What Is Social Security Disability

Social Security disability benefits are monthly payments that help support people who become too disabled to work. There are two different programs through which the SSA pays disability benefits. Those programs are:

  • Social Security Disability Insurance (SSDI)
  • Supplemental Security Income (SSI)

 

Although both programs use the same basic definition of “disabled,” and there’s some overlap between the programs, there are also major fundamental differences. SSI and SSDI are intended for two different groups of disabled workers; the benefits and qualifying requirements differ, and the funding sources are different. 

 

How Much Will You Get?

If you qualify for SSDI, the amount of income you receive is determined by your work history and the wages you earned over your career. A similar approach is used to calculate Social Security retirement benefits. As with retirement benefits, the SSA calculates your average wages over your working life and plugs that number into a formula, and the result is the amount of your monthly check.

 

However, with retirement benefits, the SSA looks at your average wages over the 35 years when you earned the most — but you may not have a 35-year work history if you’ve become disabled. To determine how many years of wages to consider in calculating SSDI benefits, the SSA:

  • Subtracts 22 from your current age. So, if you were 50, you’d subtract 50-22 = 28 
  • Takes one-fifth of that number and rounds down to the nearest whole number. So, you’d take 1/5 of 28 in our example, which equals 5.6 and which rounds down to 5.
  • Subtracts the second number from the first. If the second number is less than two, then SSA subtracts two instead. If it’s more than five, the SSA subtracts five. In our example, the SSA would take 28-5, so it would consider 23 years of work history.

 

Call Us Today!

Many people become frustrated with the legal process because their lawyer doesn’t provide them with personal service. At the law firm of Thompson & Thomas, P.A., that won’t happen to you. With two principal attorneys with more than 40 years of combined experience and staff members who have been with us for more than 15 years, we provide a level of personal service that isn’t possible in a large law firm. We take the time to get to know our clients, and our clients get to know us. That leads to long-term relationships that benefit our clients. Call us today for more information!

 

Workers Comp

Have you ever stopped to read up on what workers compensation is, and what you’re entitled to as an employee in the United States? If not, it can be very beneficial to do some light reading on the subject. You never know when an unexpected injury might occur, and knowing your rights regarding the situation can help you with obtaining the best treatment for your situation. Here at Thomson & Thomas PA, we aim to help you and your family with legal services when you’re entitled to workers compensation.

 

What is Workers Compensation?

In the event something happens while you’re at work, workers compensation is their to ensure that you receive the treatment you need based on the situation as well as financial compensation for your time. It’s your workplace’s responsibility to provide you with a safe environment and to ensure you’re properly equipped for any tasks they demand of you. If they fail at this, and you endure some form of injury, they’re the ones legally obligated to provide you with help, and you’re entitled to that aid under most circumstances. There are a few exceptions depending on your state, however, such as injury due to intoxication.

 

What Should I Do If I Believe I’m Entitled To Workers Compensation?

The best way to determine if you’re eligible for workers compensation is to take a step back and ask yourself some questions.

 

  • Was I On The Clock During the TIme of The Injury?
  • Was I Complying With Safety Requirements of my Tasks?
  • Do I Require Wage Compensation for the Time I Lost?

 

Call Us Today 

These are a few of the questions you may want to consider when figuring out what you’re entitled to. It may seem daunting, especially if you want to maintain a positive relationship with your employer, but that doesn’t mean it’s okay to ignore any medical and financial assistance entitled to you. Luckily, the experts at Thomson & Thomas PA are here to help you walk through this process with the best possible outcome. Contact us today if you suspect you may be entitled to workers compensation, and we’ll work with you to help get you the aid you deserve.

The Causes, Costs, and Symptoms of Overexertion in the Workplace

 

Construction Worker Suffering From Overexertion SymptomsThe Causes, Costs, and Symptoms of Overexertion in the Workplace

In the United States, serious work-related injuries and illnesses cost employers more than $1 billion a week. And, overexertion in the workplace is the leading cause of injury-related employer costs. When employers put their employees in danger, there are consequences. Any employee that has been overworked or put in jeopardy at work is entitled to workers’ compensation.

What are Overexertion Injuries?

Overexertion injuries can occur from falls, being struck by an object or equipment, slipping or tripping, and repetitive motions. Some additional overexertion examples of injuries include fatigue, hypoglycemia, and dehydration.

Dangers of Overexertion

Overexertion in the workplace can lead to severe health problems. If you’re overexerted to the point of fatigue, you’re at an increased risk of making mistakes, having accidents, or falling asleep while performing activities. Fatigue can also bring on depression, fast or irregular heartbeats, and dizziness. If your overexertion causes hypoglycemia, it can make you confused and even cause you to faint. Lastly, if your overexertion brings on dehydration, there can be further complications such as vomiting, joint pain, and kidney damage. These are all examples of why overexertion in the workplace should be taken very seriously.

Your employer is legally obligated to provide a safe working environment and keep you protected. Overexertion in the workplace increases the likelihood of mistakes, which puts you in danger. For example, imagine being so overworked that you fall asleep at the wheel while driving home. Or, perhaps you make a painful mistake operating a piece of heavy machinery at work.

What are the Costs and Consequences of Overexertion Injuries?

Injuries in the workplace can have long-standing consequences. Injuries can incur expensive medical bills, time off of work, emotional turmoil, and even permanent disabilities that change your standard of living.

If you have been injured on the job due to overexertion, you may be eligible to receive workers compensation. Check out more information about overexertion and workers’ compensation from TNT Legal to better understand what makes you eligible and when you should contact a lawyer.

Contact a Lawyer Before You Risk Your Compensation

After seeking medical attention, immediately contact a lawyer to discuss your case. Under no circumstances should you consult with your employer first, as this can decrease your chances of receiving the full compensation you’re entitled to receive. Your employer may try to downplay their responsibility or the seriousness of your injury. TNT offers a free case evaluation for all new clients. You can fill out this form or contact us at (561) 295-3670.

TNT Legal Can Help

TNT Legal is a workers’ compensation lawyer in West Palm Beach, Florida. You can check out our blog for more posts and details on workers’ compensation information. TNT Legal has two principal attorneys with more than 40 years of combined experience. The team has extensive experience handling workers’ compensation claims to ensure you get the benefits you rightly deserve. If you have been injured in the workplace, you may be eligible for compensation of medical bills, lost wages, and other categories such as emotional turmoil from the injury.