Charlotte
Personal Injury
Attorneys

Frequently Asked Questions

Quick answers to the most common questions we receive. Still have questions? Call to schedule your consultation.

• How do I know if if I could have a personal injury case?

  The crux of a personal injury lawsuit is negligence. If another person or party was negligent, which led to harm to another person, then the negligent party can be legally held liable for the losses the victim suffered. As your personal injury lawyer, it’s our job to build a case demonstrating that the at-fault party was negligent.

  At The Layton Law Firm, we develop our theory of liability as a major part of your claim and focus on demonstrating the links between the incident, your injuries, and your material losses. If you’re not sure whether you have a case, we offer complimentary consultations to discuss your best course of action.

• How much money is my car accident claim worth?

  Be wary of any car accident attorney who promises a certain amount of money for your car accident settlement. The amount you are able to secure after the accident depends on several factors, including the extent of your injuries and other losses and whether the at-fault driver is ordered to pay punitive (punishing) damages in addition to compensatory damages.

  Suppose the other driver was exceptionally reckless, such as driving under the influence of alcohol or drugs. In that case, we may advise you to take the case to trial, as a jury may award you punitive damages in addition to compensation for your material losses. During your complimentary case review, we will discuss what you can expect from based on the circumstances of your accident.

• Should I talk to the trucking company after a crash?

  We advise our clients to refer all communications and queries from the other side, including the trucker’s employer or their insurance company, to our firm. At The Layton Law Firm, we have significant experience litigating truck accident claims, and in these often high-value cases, insurance companies will look for any excuse to minimize the extent of the victim’s losses, or even blame the victim for causing the accident.

  If you’re in pain or confused, especially if you are medicated, you may inadvertently jeopardize your claim. We respond to communications on your behalf, always looking out for your best interests.

• Who can file a wrongful death lawsuit?

  North Carolina only permits the personal representative of the deceased to file a wrongful death lawsuit, with any settlement or jury award going to the deceased’s estate. A family member may be the personal representative, such as someone named as the executor of their will or court-appointed as the estate administrator. If the suit is successful, then the heirs and beneficiaries of the deceased’s estate should benefit from the addition of this money to the estate’s assets.

  Our firm’s success is based on the care and compassion that we have for our clients, and when they have lost a loved one in an avoidable accident, we believe they deserve the opportunity to seek justice.

• What assets can I keep if I file for bankruptcy?

  The assets you are permitted to retain depend on the type of bankruptcy you file, Chapter 7 or Chapter 13. Our firm handles both types of individual bankruptcy filings and can advise you on the best way to retain as much of your property as possible.

  North Carolina law permits a homestead exemption for people filing bankruptcy, preserving a certain amount of equity (depending on your age). In addition, North Carolina law permits a motor vehicle exemption, as well as certain protections for retirement investments and pensions. This can allow you to stay in your home and use your car to get back and forth to work.

  During you consultation, we’ll review your circumstances and discuss which option makes the most sense for you.