injured shoaid akhter

When it comes to making a claim for physical bodily damage, many 
people often wonder if the award received is subject to taxation. There 
are many elements that determine whether or not the IRS has any right to
 these winnings. A personal injury attorney can work closely with the 
court to help claimants get as much money free of tax, but there are 
some exceptions.<br />
Taxation of Personal Injury Claims<br />
In most 
cases, money received from a personal injury claim is not taxable. This 
rule applies to federal and state law, and it does not matter if the 
case was settled or if the money is the result of winning a lawsuit. Any
 money received from this type of situation is not counted as a 
taxpayer's gross income, whether it is used for medical expenses, as a 
source for lost income, pain and suffering, or paying legal fees. 
Whether the claim is a result of being hurt or illness, the IRS will not
 typically have a right to tax any money received.<br />
Possible Exceptions<br />
While
 money from a claim is not taxable, claimants will be taxed on any 
damages that are a result of a breach of contract that causes the 
infliction of pain. In addition, it is important to remember that only 
compensatory awards are non-taxable. Punitive awards are not. A personal
 injury attorney will request that the judge separate compensatory 
settlements from punitive damages so that the IRS will be able to easily
 discern what they can tax.<br />
If there is any interest accrued on a 
judgment, that interest amount is also taxable. In many states, the 
court will add the interest to the verdict for the amount of time the 
case has been waiting. For instance, if a claimant receives a judgment, 
but the defendant appeals and the case is not settled until one year 
later, interest will accrue on the award for that year. The IRS will tax
 this interest.<br />
Questions About Emotional Injury<br />
One common 
misconception is that settlements for emotional injury are also taxed. 
This is not the case. Any claims for emotional distress will be subject 
to taxation unless any evidence of physical pain can be proven.<br />
When There Are Two Claims<br />
In
 some cases, a claimant may have two judgments against a defendant. In 
this case, a personal injury attorney will have to ensure that the judge
 separates the award properly. In the settlement, it is crucial to 
ensure that it is stated very clearly which part of the settlement 
relates to physical bodily damage and which does not. This could include
 money meant for other forms of distress or property damage.<br />
When 
someone wins a settlement, it is important to remember that while it is 
generally non-taxable, the IRS can always challenge a claim. If this 
occurs, it is important to work closely with a personal injury attorney 
and a tax accountant to ensure everything is handled properly.
<

The Jury Is Never Told About Insurance In A Florida Personal Injury Trial

Juries are often left out in the cold during trials over many facts that they never get to consider.

Relevant case law, legislation, pre-trial rulings, in trial objections and side bar serve the purpose of assuring that the jury never gets to hear certain things that may influence their decision. Oftentimes, after trials, juries will stick around and talk to the attorneys and discuss the cases with them. They often find out after the verdict, of facts they were not allowed to hear that would have swayed their decision one way or another. Some jurors are often shocked at the information they are not allowed to consider when deciding on verdicts that could affect people for the rest of their lives. This series focuses of some of the "evidence" that by one way or another is kept from the consideration of the juries. Good, bad or indifferent, it is a reality in every case that attorneys must limit what information the jury may hear or see prior to deliberating a case.
Florida Statute 627.4136 Nonjoinder of Insurers
Also, known as the "Non-Joinder Statute" is probably the most prejudicial statute that was pushed upon the Florida people. Essentially, when someone is injured because someone broke a safety rule, such as a traffic law, the injured party has a right to be compensated for their losses. It sounds simple, doesn't it? Not really. What this means is that if someone harms you then you are allowed to be made whole by financial compensation for both economic and non-economic damages. These are the rules of our justice system in Florida. If you are any other person causes harms or damages, the protection of an Insurance Policy often comes into play.
Each month you loyally pay your insurance premiums to the companies with the cute commercials that make all these promises to stand by you in a time of need. The protection afforded by insurance is that in the event of a claim, the insurance company will protect the personal financial exposure of the policy holder. This may include the hiring of a defense lawyer to legally defend a lawsuit brought upon by an injured plaintiff. The person causing the harm is named as a defendant in the case (the insurance company is NOT a defendant in a 3rd party action) but they are essentially absent to the process. The defendant doesn't make any decisions or have any control over the process as the insurance company evaluates the claim or ends up in a full blown trial. They do not consult the defendant on any decisions and basically will put their insured in a position that they are essentially "along for the ride". In most cases the defendant appears at trial and unbeknownst to him/her, the insurance company has hired all sorts of experts to defend the case.
The interesting part of this scenario is the reality verse perception issue. The reality is that the defendant has no say so in the defense and the insurance company is protecting their bottom line but the perception is the theater of the mind that is presented to the jury. Under the Non-Joinder Statute, the jury never hears that this individual has an insurance policy. The jury isn't aware that the insurance company is paying the bill for the high-priced defense attorney. In fact, the jury will never hear the name of the insurance company so they presumably assume that giving a verdict in favor of the plaintiff and against the defendant will come out of this poor individual person's pocket. That's not really fair for the defendant or for the plaintiff.
Insurance Companies don't want People to know the Truth
Insurance companies and their lobbyists vigorously argued for this statute. This provides the insurance companies the ability to cover up the fact that they are involved in the defense of a claim and instead, create an alternate reality that the individual person will be responsible for making the plaintiff whole. In close cases where the liability is in question or there are other mitigating circumstances, juries may not award a full measure of damages because they may question the defendant's ability to pay a certain amount of money. The jury certainly does not have a full picture of the facts, which would lead a reasonable person to hold accountable the insurance carrier that makes billions of dollars in annual profits.
The related farce that is perpetrated upon Florida citizens is that their insurance premiums continue to rise because of greedy plaintiff lawyers and run away juries. The reality is that the true culprit is corporate greed at its finest. Think of this next time you see a cute insurance commercial provides a false sense of security while hiding the actual fiscal responsibility owed to a policy holder by an insurance carrier.
Matthew Dolman is a Trial Lawyer with Dolman Law Group, a Florida Personal Injury Firm representing the seriously injured. If you have questions regarding a potential cause of action wherein you or a loved one has been harmed by the negligence of another party, we are available to stand up for your rights. Matthew may be reached at 727-451-6900 or via email, matt@dolmanlaw.com. Our consultation is always free and we work on a contingency basis, meaning that we only earn a fee when we make a recovery on behalf of our client.

Article Source: http://EzineArticles.com/9250879

The Top 10 Reasons to Hire a Quality Personal Injury Lawyer

If you are injured in some form of accident, you likely have a lot of questions - and very few answers. Should you take legal action against anyone as a result of your injuries? How would you go about that process? Without the right guidance, it will be difficult to make good decisions, and you may simply wind up taking no action at all. For this reason, it is important to work with a quality personal injury lawyer.
You don't need to be committed to taking legal action just to talk to a personal injury lawyer. Whether you wind up filing a suit or not, speaking with an experienced attorney is a smart way to determine your best course of action.
The following are the top ten reasons you should consider retaining the services of a personal injury lawyer.
#1 - No Risk
Generally speaking, personal injury lawyers will only get paid when you win your case. As long as that is the case, you don't have to worry about mounting legal bills only to lose your case in the end. Prior to signing on with a specific attorney, make sure they are willing to work on a contingency fee basis.
#2 - Experience
If you aren't a lawyer, you simply can't have the experience that is possessed by a personal injury lawyer. It is tempting to represent yourself in an injury case in order to save money, but that method is rarely effective. Utilize the experience of a professional to greatly improve your odds of success.
#3 - An Outside View
It is basically impossible for you to take an impartial look at your own case. You may still be in pain, and you might be holding some negative feelings toward the people whom you feel are responsible. A lawyer will not be constrained by these emotions, so you can count on them to give you an objective opinion on the case.
#4 - In Case of Trial
Should your case wind up in a trial, you will want a good lawyer on your side. The courtroom is no place for the inexperienced, so make sure a quality personal injury lawyer is on your team as you walk into court.
#5 - Settlement Options
Injury lawyers are used to negotiating settlements, and they will be happy to do so in your case (if a settlement is a possibility). Everyone involved will likely want to avoid a trial, so your lawyer may be able to negotiate a settlement that is satisfactory to all parties.
#6 - Support Staff
Lawyers don't work alone - generally, they have a team of staff behind them to do research, conduct interviews, and more. If you want to give your suit the best possible chance at success, having a lawyer with a talented support team fighting for you is a great advantage.
#7 - Legal Speak
Reading a legal document can be highly confusing to those without an education in law. Your personal injury lawyer will be able to make sense of the court documents.
#8 - Experience in the System
Determining whether or not a lawsuit is warranted is the first step in the process, and your lawyer will be able to offer you a qualified opinion based on their experience in the field. There is no sense taking up a lawsuit that has no chance of success, so ask for an honest opinion before proceeding.
#9 - Dealing with Insurance Companies
Do you want to have to deal with insurance companies as they settle claims in your case? Probably not. Turn that job over to your personal injury lawyer, who will have experience in that area.
#10 - Peace of Mind
A serious injury is a life-changing event, and your head has probably been spinning since the moment it took place. Working with a quality personal injury lawyer will help to settle your nerves as you will know you are in good hands.

Ben Wayne writes for the Law Office of Arthur Crum, a personal injury lawyer in Frederick, MD. As one of the area's most reputable car accident attorneys, Mr. Crum's law firm focuses on personal injury cases, including vehicle accidents.

Article Source: http://EzineArticles.com/9253390