Four things that you should know about the other side regarding a claim or lawsuit
The liability insurance company usually decides how much should be offered to settle a case.
As a result, the liability insurance company will essentially be the one which makes the determination to settle the case or to force the parties to trial.
The liability insurance company usually selects and pays for the defense lawyer, not the person or corporation on the other side.
The liability insurance company makes many of the decisions about how to proceed with your claim or case because they ultimately are the company who usually will write the checks.
It is almost always the liability insurance company who insists on confidentiality in a settlement because it is the insurance company which benefits from keeping the amount confidential.
The liability insurance company wants to keep the amount of settlements confidential so other plaintiffs and their attorneys are kept from knowing how much has been paid on similar settlements in similar circumstances.
Keeping a settlement confidential penalizes the plaintiff by exposing them to the risk of having part of their settlement taxable.
Personal injury and wrongful death settlements are generally not taxable; however, the IRS has held that any part of a settlement that is paid for confidentiality IS TAXABLE. Keeping the settlement confidential benefits the large liability insurances companies and penalizes plaintiffs who then have to keep quiet and also risk having part of their settlement taxable to the IRS.
Helping Individuals Secure Significant Settlements and Verdicts for Over 30 Years
At the Law Offices of Steven C. Laird, we’ve represented people for more than 30 years – not big insurance companies or huge corporations. We represent people – like you – and we’re intensely proud of that.
People come to us because they’ve been harmed in serious car and trucking accidents, oil and gas industry accidents, construction site accidents, or by defective products.
And sometimes they come to us because someone they love – a family member – has died in one of those same kinds of accidents.
Our job is to be your advocate and your voice, to stand up in front of a jury on your behalf and do everything possible to make certain that those who are responsible are held accountable.
We believe it is important that individuals and families have access to our courts and our justice system in order to help them resolve disputes and seek justice for the wrongful and negligent acts of others. The laws governing these cases are among the very foundations of our society, helping assure a level of fair commerce, public health and safety that should be expected for every citizen.
These rights are so crucial to our way of life that they appear in both the U.S. Constitution, which holds that “the right of trial by jury shall be preserved,” and the Texas Constitution, which says the right to a jury trial shall “remain inviolate” while directing the Legislature to maintain the “purity and efficiency” of this true legal right first recognized by the forefathers of our country.
In court, we have a reputation for being both well-prepared and aggressive, and we’re rather proud of how we handle our work. But not all cases go to trial, so if a settlement is appropriate, we bring the same approach, the same attitude and the same dedication to seeking justice for our clients.
It’s what we do and we do it very well. And we’ll make sure that you get the same high-quality legal work as that big company on the other side.