The Layton Law Firm works tirelessly to recover compensation for clients who have been in car accidents. Each accident is unique with regard to both the facts that led to the accident, as well as the injuries experienced by our clients. Often, clients are focused on simply getting their medical bills paid and receiving some amount for pain and suffering; however, as your Charlotte, NC car accident lawyer, our job is to uncover all damages the client has experienced as a result of the accident. Often, those damages extend beyond simply physical harm and property damage to their vehicle.
Medical Expenses
Your medical expenses will of course be top of mind when calculating what you need to recover in a personal injury claim after a car accident. Among other types of medical treatment, the most common medical treatment we recover for clients includes:
- Emergency room visits – This includes the facility bill and also an often ‘hidden’ emergency room physicians bill most clients are not aware of when discussing their outstanding medical bills.
- Hospital stays – If your hospital stay is a direct result of the accident, the billing related to the hospital stay is a reasonable cost to attempt to collect. Insurance companies often push back on large hospital bills if there was not a surgery; however, if your medical team recommends you stay at the hospital due to the accident in order to be monitored, it should be included in your claim.
- Surgery and medical treatments – While some accidents do not result in surgeries for clients, if the need for surgery was brought on by the accident – even if it aggravated a pre-existing condition – then you should expect your personal injury attorney to include the cost of the surgery in the personal injury demand packet.
- Prescription medications – Often the cost of prescription medications are minimal; however, for clients who lack insurance or who need prescriptions for name-brand medicine without a generic alternative, the costs can add up.
- Rehabilitation and physical therapy – Most clients we work with have never been in a car accident before, or never experienced such traumatic injuries from previous car accidents. Clients naturally focus on recovering from a surgery or hospital stay so they can get back to work. While this is commendable, clients often overlook the long journey back to fully restored health. This can include extensive and ongoing physical therapy or chiropractic treatment. Until you’ve reached a full recovery, any bills for rehabilitation are deemed to be related to the accident and should be included in the totals for medical expenses.
- Future medical expenses related to the accident – While insurance companies generally are not interested in paying for surgeries or treatment a client may or may not need in the future, we are often able to get compensation for future treatment for clients if their physician is willing to sign off on a letter indicating the likelihood that the client will need the future treatment. If the likelihood is “more likely than not” that a client will need future treatment, the cost of that treatment should be considered when negotiating a settlement or presenting evidence to a jury to consider for compensation.
Lost Wages
If the accident has caused you to miss work, you can claim compensation for lost wages. This includes:
- Current lost wages due to the inability to work – Keep in mind that lost wages are measured differently by insurance companies. If a client misses 6 weeks of work because of the accident, but the medical records show that the doctor advised the client to miss 4 weeks of work, the insurance company will try to limit the lost wages calculation to 4 weeks. We are often able to assist clients in re-visiting the recommendation with their doctor if the injury lingers for longer than expected. Doctors are usually open to re-visiting the time recommended for being “written out of work” and if the medical records reflect the additional time, insurance companies will entertain those lost wages when negotiating.
- Future lost wages – If you are reaching a settlement before you have experienced the full extent of your lost wages, you can argue for additional lost wages to be awarded.
- Lost Capacity For Earning – if the accident leaves you unable to perform your job, you may be entitled to an award for lost capacity of earning. Keep in mind this limitation will need to be supported by medical evidence (Doctor’s records). Also keep in mind that there is a duty to mitigate damages. This means that if you still have the ability to earn income performing another job, your lost capacity for earning may be offset by that ability.
Pain And Suffering
Accidents can cause physical pain and emotional distress. You may be entitled to compensation for:
- Physical pain and suffering – It is difficult to put a dollar amount on pain and suffering. Our job is to tell the story of your accident and the aftermath of your accident in such a way that it convincingly conveys what you’ve gone through.
- Emotional distress and mental anguish – In addition to physical pain and suffering, emotional distress is often overlooked in personal injury settlements. Like all other injuries, the insurance company for the at fault driver will want to see evidence supporting a claim for emotional distress. This is easily accomplished by providing evidence of consistent and meaningful therapy sessions after the accident in an effort to overcome the emotional impact of the accident.
- Loss of enjoyment of life – Unfortunately, some accidents leave the injured party not only unable to perform the job they had prior to the accident, but also unable to live life the way they lived it prior to the accident. Part of our demand prep process is to discuss your life prior to the accident, in comparison to your life after the accident. A client who was an avid hiker or horseback rider before an accident, but who can not enjoy those activities after an accident, has a good case for damages for loss of enjoyment of life.
Punitive Damages
North Carolina has reduced punitive damages to a statute, which can be quite helpful when claiming punitive damages in a car accident settlement. If the at-fault party’s behavior was particularly reckless or malicious, you may be awarded punitive damages. These specifically include racing, driving while intoxicated and reckless driving. Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. If you are the injured party, you may be the recipient of that monetary award for punitive damages.
Understanding your rights and the types of compensation you can claim after a car accident in North Carolina is crucial for recovering your losses. Speaking with an experienced Charlotte, NC personal injury lawyer early on in the process can make all the difference as to how your claim settles and for what amount. Our North Carolina car injury lawyer also takes all of the stress of recovering for damages out of your life, so that you can focus on your physical and mental recovery.