What Workers’ Comp Lawyers Won’t Tell You: Unveiling the Hidden Truths

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Discover the hidden truths about workers’ comp lawyers. Unveil the secrets behind workers’ comp attorneys and learn what they won’t tell you. Before hiring a workers’ comp lawyer, find out what you need to know. From the initial meeting to courtroom procedures, uncover the truth about workers’ comp lawyers and their service areas. Understanding signs of experience and help in your situation is crucial before choosing representation. Documentation and questions are vital; however, there are aspects ones won’t readily disclose on behalf of their clients. For example, understanding what to expect from a firm can significantly impact your case.

Unveiling the Hidden Truths of Workers’ Comp Lawyers

Importance of Knowing

Understanding the importance of knowing what workers’ comp lawyers won’t tell you is crucial for anyone dealing with a work-related injury claim. It’s essential to be aware that not all attorneys will openly disclose every detail about your case, and being informed can help you make better decisions. For example, some lawyers may not fully explain the potential outcomes or risks associated with your case, leaving you in the dark about important information that could impact your future.

It’s also important to recognize that by understanding these hidden truths, individuals can protect themselves from potential exploitation or manipulation by unscrupulous lawyers who might prioritize their own financial gain over their clients’ best interests. Being well-informed empowers individuals to ask the right questions and seek alternative legal representation if necessary.

Uncovering these undisclosed details can also provide insight into how certain lawyers operate and whether they have a history of unethical practices. This knowledge allows individuals to make more informed decisions when choosing legal representation for their workers’ compensation claims.

Undisclosed Information

Exploring the undisclosed information regarding workers’ comp attorneys sheds light on various aspects that clients may not be made aware of during their interactions with these professionals. For instance, some crooked workers‘ comp lawyers might fail to fully inform their clients about the timeframe involved in resolving a claim or appeal process, leading to unrealistic expectations and unnecessary frustration.

There are instances where paralegals working under such attorneys may handle significant portions of a client’s case without them being informed about it. Clients deserve transparency regarding who is directly handling their cases at all times but might not receive this information unless they specifically inquire about it.

Moreover, many people are unaware that some workers’ comp lawyers have pre-existing relationships with specific insurance companies or employers which could potentially influence how vigorously they advocate for their clients’ rights. This lack of disclosure can significantly impact an individual’s trust in their legal representation as well as affect the outcome of their case.

Secrets Revealed

Discovering the secrets that workers’ comp lawyers keep from their clients involves recognizing common tactics used by certain attorneys to downplay or omit critical details related to a client’s case. For example, some lawyers might avoid discussing alternative dispute resolution methods such as mediation or arbitration because pursuing litigation often results in higher fees for them.

Furthermore, it’s imperative for individuals seeking legal assistance for worker’s compensation claims to understand that some attorneys may minimize potential conflicts of interest when representing multiple parties involved in similar cases simultaneously without disclosing this fact upfront. Being aware of such practices enables individuals to assess whether they feel comfortable entrusting these professionals with sensitive information related to their injuries and employment circumstances.

Another aspect worth uncovering pertains to how certain workers’ comp law firms handle communication with clients – particularly concerning updates on case progress and any new developments affecting one’s claim status. Some firms may intentionally withhold pertinent details until absolutely necessary instead of proactively keeping clients informed throughout each stage of proceedings.

Recognizing Red Flags with Your Workers’ Comp Attorney

Warning Signs

If your workers’ comp lawyer seems more focused on their fee than your case, it could be a red flag. If they avoid discussing the potential outcomes of your case or seem disinterested in answering your questions thoroughly, it may indicate that they are not entirely committed to representing you effectively.

Another warning sign is when your attorney fails to keep you updated about the progress of your case or does not promptly return your calls or emails. This lack of communication can lead to frustration and anxiety for you as a client.

It’s also crucial to pay attention if your lawyer pressures you into settling quickly without fully explaining the implications and alternatives. A trustworthy attorney should prioritize informing and guiding you rather than pushing for a rushed resolution.

Trustworthiness Indicators

One common indicator that may suggest a lack of trustworthiness in an attorney is when they make unrealistic promises about the potential outcome of your case. If these assurances seem too good to be true, it’s essential to approach them with caution.

Moreover, if there are discrepancies between what was discussed during the initial consultation and what is being presented during the handling of your case, this misalignment could signify dishonesty on the part of the lawyer. Pay attention to any inconsistencies in their communication or actions throughout the legal process.

Furthermore, observe how transparent and forthcoming they are about all aspects related to their representation. An honest workers’ comp attorney will provide clear explanations about legal procedures, potential challenges, and realistic expectations without withholding critical information from you.

Reconsidering Your Choice

When considering whether it’s time to reassess your choice of workers’ comp lawyer, reflect on any persistent feelings of doubt or unease regarding their conduct and commitment towards advocating for your best interests. If these concerns persist despite attempts at clarification through open communication with them, it might be necessary to explore alternative legal representation options.

Escalating conflicts between you and your attorney regarding important decisions concerning settlement offers or litigation strategies can serve as significant indicators that prompt reconsideration. It’s crucial not to ignore recurring disagreements that hinder productive collaboration between both parties involved in handling the workers’ compensation claim.

Moreover, if there is an evident lack of empathy or understanding from your lawyer regarding the impact of injuries on various aspects of your life such as employment prospects or quality-of-life changes due to disabilities sustained at work – this disconnect could signal a need for reevaluation.

Identifying the Hallmarks of a Trustworthy Workers’ Comp Lawyer

Key Characteristics

When seeking legal representation for a workers’ compensation case, it’s crucial to understand what workers’ comp lawyers won’t tell you about their own reliability and trustworthiness. A dependable attorney in this field should possess several key characteristics. Firstly, they should have extensive experience specifically in handling workers’ comp cases. This expertise ensures that they are well-versed in the intricacies of these types of claims and can navigate the complexities effectively on your behalf.

Furthermore, a trustworthy workers’ comp lawyer will prioritize clear communication with their clients. They won’t hesitate to provide updates on the progress of your case and will be readily available to address any concerns or queries you may have along the way. They will exhibit empathy towards your situation, understanding the physical, emotional, and financial toll that workplace injuries can take on individuals.

Lastly, integrity is paramount when evaluating potential attorneys. A reputable lawyer will always act ethically and transparently while representing your best interests throughout every stage of the legal process.

Qualities Setting Them Apart

What sets apart a reputable workers’ comp attorney from others in the field? One distinguishing quality is their track record of successful outcomes for their clients. A reliable lawyer will have a history of securing fair settlements or favorable verdicts for injured workers.

Moreover, an exceptional attorney will demonstrate genuine dedication to each client’s case by investing time and effort into building a strong strategy tailored to individual circumstances rather than resorting to generic approaches.

Ethical conduct is non-negotiable for trustworthy lawyers; they adhere strictly to professional standards and regulations governing legal practice within this area of law.

Furthermore –

  • Extensive experience specific to worker’s compensation cases
  • Prioritizes clear communication with clients
  • Empathy towards clients’ situations

Ethical & Competent Representation

The hallmarks of an ethical and competent workers’ comp lawyer extend beyond just professional qualifications. It encompasses qualities such as unwavering advocacy for their clients’ rights without compromising ethical boundaries or engaging in unscrupulous practices solely aimed at maximizing profits.

An ethical attorney understands that transparency is pivotal – keeping clients informed about all developments related to their case empowers them through knowledge during what can be an overwhelming process.

Moreover –

  • Track record of successful outcomes for clients
  • Genuine dedication tailored strategies based on individual circumstances

Deserving Your Trust

Identifying what workers’ comp lawyers won’t tell you involves recognizing qualities that make an attorney deserving of your trust.
A reliable lawyer earns trust by demonstrating commitment not only through words but also through consistent actions aligned with upholding justice for injured employees.

They instill confidence by being approachable yet assertive during negotiations or litigation proceedings while ensuring that every decision made serves your best interests.

Understanding Your Rights

When facing a denied workers’ comp claim, it’s crucial to understand your rights. You have the right to appeal the decision and seek legal representation if necessary. Experienced workers’ comp lawyers can provide valuable insights into the specific rights you have in your state.

Knowing your rights empowers you to make informed decisions about how to proceed with a denied claim. It’s essential to be aware of any deadlines for filing an appeal, as missing these deadlines could jeopardize your ability to challenge the denial.

Seeking guidance from a knowledgeable attorney specializing in compensation claims ensures that you are fully aware of your entitlements under workers’ compensation laws. They won’t tell you this upfront, but understanding your rights is pivotal in navigating through a denied workers’ comp claim.

Strategies for Dealing with Denials

Dealing with denials can be overwhelming, but there are strategies that can help navigate this challenging process. When faced with a denial, it’s important not to lose hope and explore all available options before giving up on pursuing the benefits rightfully owed to you.

One strategy involves gathering all relevant medical documentation and evidence supporting your case. This includes medical records, witness statements, and any other pertinent information that strengthens your claim. Presenting compelling evidence is key when appealing a denied workers’ comp claim.

Another effective strategy is seeking assistance from an experienced attorney who understands the intricacies of social security disability and workers’ compensation law. These professionals possess extensive knowledge about how best to approach appeals processes and can guide individuals through each step while advocating for their best interests.

Navigating through denials often requires patience and perseverance; however, having well-thought-out strategies in place significantly increases the chances of successfully overturning a denial.

Overcoming Obstacles

Overcoming obstacles encountered during the process of resolving a denied workers’ comp claim demands resilience and determination. One common obstacle is encountering resistance from insurance companies reluctant to approve claims due to various reasons such as insufficient evidence or disputable circumstances surrounding an injury or illness.

To overcome these hurdles, it’s vital for individuals dealing with denials to remain proactive by diligently following up on their cases while ensuring they adhere strictly to any requirements set forth by their employers or insurance providers regarding reporting procedures or medical evaluations related to their claims.

Seeking legal counsel early in the process serves as another critical means of overcoming obstacles associated with denied claims. Skilled attorneys specializing in compensation claims possess comprehensive knowledge about potential roadblocks individuals may face when appealing denials and are equipped with effective solutions tailored specifically for each unique situation.

Understanding Your Rights and Employer Obligations

Clear Understanding

As an injured worker, it’s crucial to understand your rights regarding workers’ compensation. You have the right to seek benefits if you’re injured on the job. These benefits typically include medical treatment and wage replacement while you’re unable to work.

It’s important for employees to be aware of their rights so they can take appropriate action in case of a workplace injury. By having a clear understanding of what workers’ comp entails, individuals can make informed decisions about their legal options.

Workers should also know that they have the right to consult with a workers’ comp lawyer if they encounter any challenges during the claims process.

Employer Obligations

Employers have specific obligations towards their employees. They are required by law to provide coverage for workplace injuries or illnesses sustained by their employees during the course of employment.

Employers must ensure that proper procedures are followed when handling workers’ comp cases involving their staff members. This includes promptly reporting any workplace accidents, providing necessary forms for filing claims, and cooperating with insurance carriers during investigations.

Employers should not retaliate against employees who file workers’ comp claims or exercise their rights under these laws. It is essential for employers to create a safe working environment and adhere to all regulations related to employee safety and well-being.

Employees seeking workers’ comp benefits are entitled to various legal protections under state laws. These protections are designed to safeguard individuals from unfair treatment related to their injury or illness sustained at work.

For example, some states prohibit employers from terminating or discriminating against employees solely because they filed a workers’ compensation claim. Moreover, injured workers have the right to appeal denials of benefits through administrative processes or legal proceedings if necessary.

Understanding these legal protections empowers injured employees as they navigate through the complexities of obtaining rightful compensation after suffering work-related injuries or illnesses.

Strategies for Maximizing Your Financial Recovery

Building a Strong Case

When pursuing a workers’ comp case, it’s crucial to build a strong case to maximize your financial recovery. This involves gathering all relevant medical records, documenting the incident and injuries, and obtaining witness statements if applicable. Providing clear evidence of the impact of your injuries on your ability to work can significantly strengthen your case. For example, detailed medical reports outlining the extent of your injuries and their effect on your daily life can bolster your claim for fair compensation.

A well-documented timeline of events leading up to and following the injury is also essential in building a strong case. This includes any communication with employers regarding the incident or subsequent treatment, as well as any efforts made to return to work if feasible. The more comprehensive and organized your documentation is, the better positioned you’ll be when seeking maximum financial recovery through workers’ comp.

Another aspect of building a strong case is ensuring that you comply with all legal requirements within specified timeframes. Failure to adhere to these procedural guidelines can jeopardize your chances of receiving fair compensation. Therefore, staying informed about deadlines for filing claims or providing necessary documentation is critical in maximizing financial recovery.

Negotiating Techniques

Understanding effective negotiating techniques plays a pivotal role in securing higher settlement amounts in workers’ comp cases. While many workers’ comp lawyers aim for quick settlements, it’s important not to rush into accepting an offer without fully evaluating its adequacy based on the extent of your injuries and resulting financial losses.

Negotiating from a position of strength involves being aware of the full scope of available benefits under workers’ comp laws and understanding how they apply specifically to your situation. By doing so, you can effectively advocate for yourself during negotiations while countering potential tactics aimed at minimizing settlement amounts by insurance companies or employers.

Moreover, seeking professional legal guidance from experienced attorneys who specialize in workers’ comp cases can equip you with valuable insights into negotiation strategies tailored toward maximizing financial recovery. These professionals possess knowledge about industry standards for compensable damages related to various types of workplace injuries which could ultimately lead towards securing higher settlements.

Importance Of Evidence

The importance of evidence cannot be overstated when aiming for maximum financial recovery in workers’ comp cases; thorough documentation serves as compelling proof supporting claims for fair compensation.
For instance: If an individual sustains back injuries due lifting heavy machinery at work but fails document this properly then this might weaken their claim.
Furthermore: Photographs depicting visible physical harm caused by workplace accidents are also vital pieces evidence that could help substantiate one’s claim.

The Intricacies of Changing Your Workers’ Comp Lawyer

Complexities Involved

Changing your workers’ comp lawyer mid-case can be a complex process. It involves legal and professional considerations that can impact the outcome of your claim. When considering this change, it’s crucial to understand the intricacies involved in transitioning from one attorney to another during an ongoing workers’ compensation case.

The decision to switch legal counsel is not one to be taken lightly, as it can have significant implications for your case. One complexity arises from the need to ensure a smooth transfer of all relevant case information and documentation from your current lawyer to the new representative. This transition must be seamless to avoid any disruptions or setbacks in your workers’ comp claim.

Another aspect of this complexity lies in managing communication with both your current and prospective attorneys. Open and transparent dialogue is essential throughout this process, as it ensures that all parties are fully informed about the transition and its implications for the ongoing case.

Potential Alternatives

Injured workers may not be aware that there are legal alternatives available beyond traditional workers’ compensation. In some cases, pursuing a personal injury lawsuit against a negligent third party could result in greater compensation than what is available through workers’ comp. Injured individuals might have the option to seek benefits through other programs such as Social Security Disability Insurance (SSDI) if their injuries prevent them from working.

It’s important for injured workers to understand that they have potential alternatives to pursuing a workers’ comp claim. For example, if an employee is injured due to defective equipment at the workplace, they might be able to file a product liability lawsuit against the manufacturer of the faulty machinery. Exploring these alternative options can provide individuals with a broader perspective on how they can seek compensation for their occupational injuries.

In addition to exploring legal alternatives beyond traditional workers’ compensation, it’s crucial for injured workers to be aware of other avenues for seeking compensation for workplace injuries. This includes understanding whether their specific situation qualifies them for benefits under different laws or programs, such as state disability benefits or vocational rehabilitation services.

Pros and Cons

Understanding the pros and cons of exploring legal alternatives outside of workers’ compensation is essential for injured employees. While traditional workers’ comp claims offer certain benefits such as medical treatment coverage and wage replacement, they may not fully compensate an individual for all losses resulting from an occupational injury. On the other hand, pursuing non-traditional approaches like personal injury lawsuits could potentially lead to higher financial recovery but may also involve more complex legal processes and longer timeframes.

One advantage of considering alternative legal options is that it allows injured workers to explore avenues that better align with their unique circumstances and needs. However, one drawback could be the uncertainty associated with these alternative routes – there’s no guarantee of success in obtaining financial recovery through non-traditional methods.

Exploring potential alternatives also gives insight into non-traditional approaches. For instance, some states allow employees who sustain occupational diseases due to employer negligence or unsafe working conditions to pursue civil lawsuits against employers outside of the worker’s comp system.

Additional Considerations

When contemplating legal alternatives beyond traditional workers’ compensation, it’s crucial for individuals dealing with occupational injuries to weigh various factors before making decisions about how best to pursue fair compensation.

  • Seeking advice from experienced attorneys specializing in personal injury law and social security disability can provide valuable insights into which approach would be most beneficial.
  • Understanding eligibility criteria and requirements under different compensatory programs or laws is vital when considering alternate options.
  • It’s important not only consider immediate needs but also long-term implications – especially regarding ongoing healthcare costs related employment-related injuries.

Dealing with Settlement Pressure and Insurer Tactics

Handling Settlement Pressure

Dealing with settlement pressure from insurance companies can be overwhelming. It’s crucial to stay composed and seek professional guidance. First, understand the value of your claim by considering medical expenses, lost wages, and future treatment costs. Then, consult a workers’ comp attorney to assess the fairness of the settlement offer.

When faced with settlement pressure, remember that you have the right to negotiate for a fair compensation amount. Be prepared to provide evidence supporting your claim’s worth, such as medical records and witness statements. Consider hiring an experienced attorney who can skillfully negotiate on your behalf while protecting your best interests.

It’s important to remain patient throughout the negotiation process. Insurance companies may initially present low offers in hopes of settling quickly or minimizing payouts. By staying firm and seeking legal counsel when needed, you can navigate through this challenging phase effectively.

Countering Insurer Tactics

Insurance companies often employ various tactics during settlement negotiations to minimize payouts. One common tactic is delaying proceedings or requesting excessive documentation to create frustration and prompt acceptance of lower settlements. To counteract this strategy, maintain organized records and promptly respond to requests within reasonable limits.

Another tactic used by insurers involves downplaying the severity of injuries or disputing their work-related nature altogether. To combat this approach effectively, gather detailed medical reports from trusted healthcare providers documenting the extent of your injuries along with their direct correlation to workplace conditions or duties.

Insurers may attempt to pressure injured workers into quick settlements before they fully comprehend the long-term impact of their injuries or potential complications that could arise later on. In such cases, it’s essential for individuals not to rush into agreements without thoroughly understanding their rights and consulting legal professionals specializing in workers’ compensation claims.

Negotiating Effectively

To protect your rights when facing insurance company negotiations over workers’ comp settlements, it’s vital to prepare thoroughly for each discussion session. Start by outlining clear objectives based on factual evidence supporting your claim’s value while anticipating potential rebuttals from insurers regarding liability or injury severity.

During negotiations with insurance representatives, maintain a respectful yet assertive stance backed by strong documentation validating your case’s merit. Emphasize how fair compensation aligns with applicable state laws governing workers’ compensation benefits rather than conceding ground due solely under insurer pressure.

Patience and Persistence in Negotiating Settlements

Importance of Patience and Persistence

Patience and persistence are crucial when negotiating settlements in workers’ comp cases. These qualities allow you to navigate the complexities of the legal process, ensuring that you don’t settle for less than what you deserve. By remaining patient, you can carefully assess each offer and counteroffer without feeling rushed or pressured.

Maintaining patience is essential because it enables you to wait for the right opportunity to present your case effectively. In workers’ comp cases, insurers may try to rush claimants into accepting low settlement offers. However, with patience, individuals can hold out for a fair resolution that adequately compensates them for their injuries and losses.

Strategies for Maintaining Patience

One effective strategy for maintaining patience during settlement negotiations is to focus on the end goal – securing a favorable outcome. Remind yourself of the long-term benefits of being patient throughout the process. Seeking support from a knowledgeable workers’ comp lawyer who understands your situation can provide reassurance and guidance as you navigate through negotiations.

Another helpful approach is taking breaks when necessary. Negotiations can be emotionally draining, so stepping away from discussions temporarily allows time to regroup and refocus before re-engaging with insurers or their representatives.

It’s also important not to let frustration cloud judgment during negotiations; staying level-headed helps maintain composure while working towards a fair settlement.

The Role of Persistence

Persistence plays a pivotal role in achieving better settlement offers from insurance companies in workers’ comp cases. By consistently advocating for your rights and demonstrating unwavering commitment throughout negotiations, there’s an increased likelihood of receiving improved proposals from insurers.

For example:

  • If an initial offer doesn’t align with your needs, persistently communicating specific reasons why it falls short can prompt insurers to reconsider.
  • Continuously providing updated medical documentation or evidence supporting your claim showcases dedication which could positively impact subsequent offers.
  • When faced with resistance or delays from insurance companies during negotiations, persistence ensures that progress continues towards reaching a satisfactory agreement.

It’s crucial to understand the legal fees involved. Most workers’ comp attorneys operate on a contingency fee basis, meaning they only get paid if you win your case. This arrangement can be beneficial for individuals who may not have the financial means to pay for legal representation upfront. However, it’s essential to clarify the percentage that the attorney will take from your settlement or award before proceeding with legal representation.

It’s important to note that in addition to the contingency fee, there may be other expenses associated with your case, such as court filing fees, expert witness fees, and medical record retrieval costs. Understanding these potential additional expenses is vital in assessing the overall financial implications of pursuing a workers’ compensation claim with legal representation.

Moreover, some attorneys may offer a free initial consultation where you can discuss your case and gain clarity on the potential costs involved. Taking advantage of this opportunity can help you make an informed decision about whether to proceed with hiring a workers’ comp lawyer based on their fee structure and expected expenses.

Factors Affecting Costs

Several factors can influence the cost of legal representation in workers’ comp cases. These factors include the complexity of your case, whether it involves disputed claims or appeals, and any additional services provided by the attorney or their firm.

For example:

  • If your workers’ comp claim is straightforward and doesn’t involve extensive negotiations or litigation, you might incur lower legal fees compared to more complex cases.
  • In contrast, if your case requires significant time investment due to disputes from your employer or insurance company, resulting in prolonged negotiations or even court proceedings, this could impact the overall cost of legal representation.

Understanding these influencing factors helps manage expectations regarding potential costs while allowing individuals seeking workers’ comp benefits through legal channels better prepare for financial commitments associated with obtaining professional assistance.

Attorney Performance Evaluation

Evaluating the performance of a workers’ comp lawyer goes beyond just winning or losing a case; it also involves assessing their communication skills, responsiveness, knowledge of relevant laws and regulations governing workers’ compensation claims as well as transparency regarding developments related to one’s own claim status.

In evaluating an attorney’s performance:

  1. Promptness: Assess how promptly they respond to inquiries and keep you updated on developments related to your case.
  2. Communication: Evaluate how effectively they communicate complex legal matters in simple terms that are easy for clients without prior experience dealing with worker’s compensation cases.
  3. Transparency: Consider how transparent they are about all aspects involving their service provision including detailed breakdowns explaining charges incurred during representing clients throughout different stages beginning from filing up until resolution.

Conclusion

In navigating the complex world of workers’ compensation, being informed is the most powerful tool. Recognizing red flags, understanding rights, and identifying trustworthy legal representation are crucial steps. Remember, you have options beyond traditional workers’ compensation if needed. Stay patient and persistent in negotiating settlements, and always clarify legal fees and attorney performance. By following these insights, individuals can maximize their financial recovery and ensure fair treatment in the face of workplace injuries.

For those navigating the intricacies of workers’ comp claims, seeking legal advice from trusted professionals is paramount. With the right knowledge and guidance, individuals can confidently pursue their rights and achieve just outcomes in their workers’ compensation cases.

Frequently Asked Questions

What are the red flags to recognize with a workers’ comp attorney?

If your lawyer doesn’t communicate regularly, lacks experience in workers’ comp cases, or pressures you into settlements, these are red flags. Seek a second opinion if you have doubts about your attorney’s competence or commitment.

How can I maximize my financial recovery from a workers’ comp claim?

Document all medical treatments and expenses, keep detailed records of missed workdays, and consult with an experienced attorney who can assess the full extent of your losses and advocate for fair compensation on your behalf.

When should I consider changing my workers’ comp lawyer?

Consider changing lawyers if there is a breakdown in communication, lack of progress in your case, conflicts of interest arise, or if you suspect negligence or incompetence. It’s crucial to act promptly to avoid jeopardizing your case.

In some situations where employer negligence led to the injury or certain exceptions apply, pursuing personal injury lawsuits against third parties may be viable. Consult with an experienced attorney to explore all available legal options tailored to your specific circumstances.

How do I deal with settlement pressure and insurer tactics during my workers’ comp claim?

Stay informed about the true value of your claim by seeking professional advice. Don’t succumb to hasty settlements under pressure; instead, rely on expert guidance from an attorney who can counter insurer tactics and negotiate for fair compensation.