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.

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. 

 

All You Need to Know About Real Estate Law In Florida

Buying or selling a property can feel like an expensive and complicated process. Some people believe that they can save money by not hiring a real estate attorney. However, real estate attorneys are incredibly beneficial, and they can save you money and help you protect your assets. As a state, Florida does not legally require parties to hire a real estate attorney when purchasing or selling their home, but let us make a case why you always should.

What does a Real Estate Attorney Do?

Real estate law is a type of civil law that handles the buying, selling, and title disputes of properties and land (both commercial and residential). Real estate attorneys specialize in real estate law cases and protect their clients against any legal issues that might arise during the buying or selling of a property, or resolving real estate disputes.

What are the Benefits of Using a Real Estate Attorney?

A real estate attorney is an additional layer of security when making one of the largest purchases of your life. Your real estate lawyer will help you throughout the entire process and has your best interests in mind.

From beginning to end, your real estate lawyer will review all paperwork to identify mistakes or areas of concern. Before you sell a property, your real estate attorney may go over the listing agreement you made with your real estate agent to ensure the terms are in your favor. As offers come in, your lawyer will inspect the documents to identify any red flags or highlight tax considerations that will impact you later. If you are a buyer, your real estate attorney will research the history of the property, ensure the zoning is up to code, identify any unpaid property tax or utility bills, and inspect the title and title insurance documents.

When it comes time to the final step, real estate attorneys will draft contracts including the review title, mortgage transfer documents, write the deed and check the final breakdown of the settlement to ensure correct payment of funds. Some examples of the contracts your real estate lawyer will draft for you include the Agreement of Sale, the Agreement of Purchase, and the title and closing documentation.

If issues arise, such as alien or judgment on the title, or issues around disclosure, your real estate attorney will protect your best interests. At times, some real estate disputes will go to court, and your attorney can represent you.

While real estate attorneys are optional in Florida, you should always hire an attorney if you are facing a foreclosure, you’re considering a short sale, there are liens or judgments on the title, you’re selling on behalf of a deceased owner, you’re going through a divorce, you have rental tenants, or you expect the sale to be complicated for one reason or another. A real estate attorney is almost guaranteed to be needed at some point, especially if the sale is complicated in some way.

Real Estate Law in Florida

There are two important aspects to real estate law in Florida you should keep in mind. Firstly, Florida has one of the most favorable homestead exemptions in the country. Homestead laws enable people to safeguard their homes by allowing homebuyers to keep a portion of their homes protected. In Florida, there is no limit to the portion of your home that can be protected. This essentially means your entire home could be protected from creditors, even after filing for bankruptcy in Florida. However, keep in mind that property lines established before the homestead take a precedent over the homestead.

Secondly, Florida has adverse possession laws that allow an individual to be granted the title to a neglected property. Individuals can qualify for possession if they have: lived on the property for at least seven years, paid the property taxes during that time, and have significantly improved the state of the home. The adverse possession laws in Florida are complicated. Whether you are trying to claim property, or dispute another individual’s claim to your property, a real estate attorney is necessary.

Thompson & Thompson, P.A.

At Thompson & Thomspon, P.A., the client’s needs are our top priority. With over 40 years of experience, there isn’t a real estate case we have not dealt with before. When it comes to buying, selling, or disputing a property issue, there is a lot of money on the line. Protect yourself and your assets by hiring a qualified and experienced real estate attorney. Call us today for your free initial consultation at 561-295-3530.