Charlotte Personal Injury Blog

Blog posts containing useful information for anyone in Charlotte looking for information about personal injury or looking for a North Carolina personal injury lawyer.

Driving Under the Influence in Charlotte: A Personal and Community Struggle

It was a balmy Friday night in Charlotte. Friends gathered at the local pub, sharing stories from the week and sipping on their favorite concoctions. One of them, let’s call him Tom, had a few too many drinks. Oblivious to his friends’ concern, he shrugged it off and insisted he was fine to drive. We’ve all heard a story like this, haven’t we? And we all know the potential consequences that can follow. The truth is alcohol, and drug-impaired driving is a pressing issue in our community, and it’s time we tackle it together.

 

Factors Contributing to Alcohol and Drug-Impaired Driving

Picture a spider’s web with countless threads weaving together. That’s how complex the factors contributing to impaired driving can be. On one thread, we find societal and cultural influences. From peer pressure to the glitz and glamor of substance use in the media, it’s easy to see how drivers might make poor decisions. Then there’s the ever-present specter of addiction. Substance use disorders can lead to impaired judgment and diminished cognitive and motor functions, putting everyone on the road at risk.

But perhaps the most eye-opening thread is the lack of awareness about the risks and legal consequences. It’s this ignorance that we must tackle if we want to make our roads safer.

Beyond the legal and financial consequences of alcohol and drug-impaired driving, it is essential to consider the human impact of this dangerous behavior. The physical, emotional, and psychological effects on those involved in impaired driving accidents can be life-altering and far-reaching. 

Survivors’ Struggles: The Long Road to Recovery

For those who survive impaired driving accidents, the road to recovery can be long and challenging. In addition to dealing with physical injuries, survivors often face emotional and psychological trauma that can last for years after the incident. The struggle to regain a sense of normalcy and cope with the repercussions of an accident can be an uphill battle. Coping mechanisms and support from friends, family, and professionals are vital to help survivors heal and move forward with their lives.

 

The Ripple Effect: Impact on Friends and Family

The friends and family of both accident victims and impaired drivers must also grapple with the aftermath of alcohol and drug-impaired driving incidents. For the loved ones of victims, the pain and heartache of losing someone dear or seeing them suffer can be immense. They may struggle with feelings of anger, sadness, and helplessness, as well as the burden of supporting their loved ones through their recovery process.

On the other hand, the friends and family of impaired drivers must confront the reality of their loved one’s actions and the consequences that follow. They may feel shame, guilt, or disbelief and struggle to reconcile the person they know with the one who chose to drive under the influence. The strain on relationships can be significant, as everyone involved attempts to navigate the complex emotions and challenges that arise from an impaired driving incident.

 

The Power of Personal Stories: Raising Awareness and Fostering Change

One of the most compelling ways to raise awareness about the dangers of alcohol and drug-impaired driving is through the sharing of personal stories. By giving a voice to those directly affected by impaired driving, we can humanize the issue and foster empathy and understanding in others. Hearing firsthand accounts of the pain, loss, and struggles faced by those involved in impaired driving accidents can serve as a powerful motivator for change.

Personal stories can also provide valuable insight into the factors that contribute to alcohol and drug-impaired driving and highlight the importance of prevention efforts. Through these narratives, we can learn from the experiences of others and work together to create a safer community for all.

 

Community Involvement: Taking Action to Promote Road Safety

As members of the Charlotte community, we all have a role to play in promoting road safety and combating alcohol and drug-impaired driving. By becoming informed about the issue and taking an active role in prevention efforts, we can contribute to positive change in our community. Some ways to get involved include:

  • Participating in local awareness campaigns and events, such as walks or runs, to support victims of impaired driving accidents or fundraisers for prevention programs.
  • Volunteering with organizations dedicated to road safety, substance abuse prevention, or victim support.
  • Advocating for stronger DUI laws and enforcement measures at the local, state, and federal levels.
  • Encouraging friends and family to make responsible choices when it comes to alcohol and drug use and driving.
  • Sharing personal stories and experiences related to impaired driving to raise awareness and inspire change.

Final Thoughts: The Importance of Collective Action

Addressing the issue of alcohol and drug-impaired driving in Charlotte requires the collective efforts of individuals, families, community organizations, law enforcement, and legal professionals. By working together, we can raise awareness about the dangers of impaired driving, provide support to those affected by these incidents, and promote a culture of safety and responsibility on our roads.

At The Layton Law Firm, we are committed to playing our part in this collective effort. As legal
professionals, we strive to hold impaired drivers accountable for their actions and seek justice for the victims and their families. We understand the complexities of DUI cases and work tirelessly to support our clients through every step of the legal process.

Additionally, we believe in the power of education and advocacy to prevent alcohol and drug-impaired driving. Through our involvement in community initiatives, we aim to raise awareness about the risks associated with impaired driving and provide resources and guidance for those in need.

 

Collaborating with Local Organizations: A United Front

The Layton Law Firm is proud to collaborate with local organizations dedicated to combating impaired driving and supporting victims. By joining forces with these groups, we can amplify our impact and create a more comprehensive network of support for those affected by alcohol and drug-impaired driving incidents. Some of the organizations we collaborate with include:

 

  • Mothers Against Drunk Driving (MADD): MADD is a national organization that works to end drunk driving, support those affected by these incidents, and prevent underage drinking. They offer various resources, including victim assistance, advocacy, and public awareness campaigns.
  • Students Against Destructive Decisions (SADD): SADD is a youth-focused organization that empowers young people to make safe and responsible decisions, particularly around alcohol and drug use. They offer peer-to-peer education programs and promote positive youth development.
  • Local substance abuse prevention and treatment centers: These organizations provide crucial support to individuals struggling with substance use disorders and their families, helping to address the root causes of impaired driving.


Looking to the Future: A Safer Charlotte

As we continue to work towards a safer Charlotte, it is crucial to remember that the fight against alcohol and drug-impaired driving is ongoing. We must remain vigilant, committed, and proactive in our efforts to reduce the prevalence of these incidents and protect our community. By fostering a culture of responsibility, empathy, and support, we can make significant strides in addressing this critical issue and ensuring the safety and well-being of all Charlotte residents.

In conclusion, the human impact of alcohol and drug-impaired driving reaches far beyond the legal and financial consequences. It affects victims, survivors, friends, family, and the community as a whole.


At The Layton Law Firm, we recognize the importance of addressing this issue and are dedicated to playing our part in creating a safer Charlotte for everyone. Through our legal services, community involvement, and collaboration with local organizations, we hope to contribute to lasting positive change on the roads and in the lives of those affected by impaired driving incidents.

If you’ve been injured in an accident, do not delay. Speak with a personal injury lawyer today. You’ll receive the peace of mind that comes with knowing your options, and we hope you will decide that The Layton Law Firm is the best attorney for car accidents.

All personal injury consultations are free. They can be done in person, on the phone, or by Zoom. Call us at 704.749.7747 or click here for a Free Consultation. We will call you today.

 

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Finding The Best Attorney For Car Accidents

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Finding the best attorney for car accidents is crucial for obtaining the best results for your personal injury claim. There are many qualified car accident attorneys in the Charlotte, North Carolina area, which includes Matthews, Gastonia, Indian Trail, Mint Hill, and the surrounding areas. Layton Law is proud of our 4.9 star rating on Google, which is the result of client experiences with our firm. In our opinion, the best attorney for your car accident will depend on a few key factors:

  • Location – The location of the car accident attorney may not be as crucial as you think, when choosing the best attorney for car accidents. We estimate that 90% of the car accident claims we handle settle outside of court. This means a lawsuit never has to be filed, and you never have to make an appearance of any kind. Your car accident attorney works on your case and obtains the best settlement offer possible. Then, you get to decide whether to take that settlement.
  • Experience – The experience of your car accident attorney is something you will want to establish on a free consultation with the attorney’s office. Our office offers free consultations with an attorney. You’ll not only get your questions answered, but you will get a feel for whether you think you are going to work well with our firm.
  • Fit—Much of your personal injury settlement process will be governed by how good a ‘fit’ you are with the attorney working on your car accident case. Reaching a settlement with an insurance company requires extensive work on the personal injury attorney’s part. Make sure you choose a law office committed to keeping you informed about the process as it progresses. While your primary job is to complete all of your medical treatment related to the accident, you also need to know where you are in the process of reaching a settlement. Our office understands that you’ve been through a life-changing experience. We understand the desire to be part of the process of reaching a settlement.
  • Strategy – Every law firm has a different strategy for maximizing the value of your claim. A diligent car accident attorney researches the driver who hit you, examines each code entered into the police report, and reaches out to the attending officer, when necessary, to help the firm understand why the officer drafted the accident report the way they did. These insights turn into persuasive arguments which are used to boost the value of your claim.
  • Your Goals – We want to know what your goal is in reaching a settlement. Quite often, when we sign up a new personal injury client, they let us know they have never worked with a car accident attorney before. While we handle car accident claims every day, you’re new to the process. We make sure you understand each phase of the process. We also want to know what your goal is for the outcome. While some clients simply want as much money as possible, clients also desire the satisfaction of holding another party responsible for their actions, and being treated fairly. The demand package we send out to the insurance company outlines not only your injuries and our legal theory as to liability, but also outlines why you deserve what we are demanding from the other side.

What Happens After Choosing An Attorney For Your Car Accident?

Once you decide on what you believe to be the best attorney for car accidents, you’ll want to know what the next steps are in developing your case against the other driver. Once hired, our firm immediately begins work on the following:

  • Sending a letter of representation to the other driver’s insurance company. This puts the insurance company on notice that we represent you. It also means you stop receiving communication from the insurance company. This includes requests for a recorded statement, which we do not allow our clients to provide to insurance companies unless a lawsuit has been filed.
  • Communication with medical providers. By letting medical providers know we represent you, they are aware of where to send your medical records and billing as soon as your treatment completes. In many cases, when a medical provider knows you are represented by a car accident attorney, they will wait to be paid until a settlement is reached. Our firm works with hundreds of medical providers in the Charlotte area, and we have their contact information on file to let them know we represent you. The relationships we have formed over the years with medical providers also means that we may be able to negotiate your medical bills for you as part of the settlement. This means more money from settlement goes to you, the injured party.
  • Speaking with witnesses. If there are witnesses to the accident, we touch base with them early in the process, in hopes of obtaining a written or oral statement from them which supports your case. Witnesses have a short memory, so it’s important to establish communication early on in the process when the witness’s memory is fresh, and they can give a detailed account of what they saw. When we are able to provide a witness affidavit as part of our demand package, we increase the value of your claim.
  • Understanding your journey back to health. Our clients’ lives are dramatically changed by car accidents. The value of your case is more than simply the payment of your medical bills and some money for pain and suffering. There are many factors which can increase the value of your case; however, if your car accident attorney does not discover them, they never make it into the settlement discussion. Many clients miss key events due to a car accident—the birth of a child, a graduation ceremony, milestone birthdays of family members, etc. All of these are components of your personal injury claim and should be accounted for and outlined in your demand.

Future Treatment After Your Car Accident

Many clients never recover fully from a car accident. By closely examining your medical records, we can discover where your doctor has indicated that you may need treatment in the future, long after you’ve settled your personal injury claim. We can further establish that need by asking your medical provider for a statement which outlines future treatment you may need. We can also estimate the cost of future treatment. As you may predict, these are additional factors which are implemented in our settlement strategy when trying to reach a fair result for you. Depending upon the situation, we may work with your doctors to obtain what is known as an Opinion Letter, where the doctor speaks directly to your future medical needs which are a direct result of the car accident.

Speak With A Car Accident Attorney Today

If you’ve been injured in an accident, do not delay. Speak with a personal injury lawyer today. You’ll receive the piece of mind that comes with knowing your options, and we hope you will decide that The Layton Law Firm is the best attorney for car accidents. All personal injury consultations are free. They can be done in person, on the phone, or by Zoom. Call us at 704.749.7747 or click here for a FREE CONSULTATION. We will call you today.

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Car Accident In Charlotte North Carolina — What To Do

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The number of car accidents in Charlotte, North Carolina each day is high. So, if you’re in a car accident in Charlotte, North Carolina, knowing what to do is crucial. Charlotte is a metropolitan city with both experienced and inexperienced drivers rushing from place to place. According to CharlotteNC.gov, roughly 73 crashes per day occur in and around Charlotte. What is even scarier than the number of car accidents each day, is how often individual who were not at fault have trouble getting compensated for their injuries. The negligence rules in North Carolina can make it challenging to win what appears to be the most obvious car accident case. Who is responsible for a car accident in North Carolina? The answer is of course: “It depends”.

Is The Other Driver Responsible For My Car Accident?

A personal injury lawyer in Charlotte, North Carolina is tasked with proving negligence on the part of the other driver in the accident. Keep in mind, the other driver does not have to prove their ‘innocence’. If you are pursuing the other driver for compensation, the burden of proof lies 100% on the plaintiff’s side. Our firm only represents plaintiffs in car accidents. Our goal in any accident claim is to prove one or all of the following:

  • The other driver owed you a duty of reasonable care given the circumstances;
  • The other driver failed to yield the right of way;
  • The other driver was distracted or impaired, and that impairment or distraction was the direct cause of the accident;
  • You suffered injuries as a direct result of the other driver’s failure to meet the applicable standard of care;

Your personal injury attorney is attempting to prove the four prong test of Negligence when pursuing an award for you in a car accident claim. Generally speaking, the other driver’s insurance company will look to refute one or more of the four prongs of Negligence. If they successfully do so, they will win the claim or case. Our firm continues to fight diligently against insurance companies like State Farm, National General, AllState, Geico, and many others, who attempt to escape liability in situations where their driver was at fault. Quite often they do so by claiming Contributory Negligence on your part, when you did nothing to actually cause the accident.

What Is A Nuisance Settlement?

A nuisance settlement is essentially a low offer made by an insurance company to make the claim go away. While not every case is worth a lot of money in personal injury compensation, you should be careful not to agree to a small settlement from a car insurance company simply because they convince you that you can not win your case. They are not to be trusted in this setting, and their goal is to pay as little as possible to make the claim go away.

What Should I Do If I’m In A Car Accident?

In another post, we wrote about what to do if you’re in a car accident; you can read more by clicking on that link. However, generally speaking, you need to:

  • Document the scene by taking photos;
  • Get the name and phone number of any witnesses;
  • Call the police to the scene so that you can generate an accident report—this is your primary piece of evidence to prove the accident occurred;
  • Seek medical treatment;

Can A Lawyer Help With A Minor Car Accident?

Yes. While we may think of personal injury lawyers as courtroom lawyers in high-dollar lawsuits, the reality is that personal injury lawyers work on numerous smaller claims every day. Our practice is built on our ability to work diligently and faithfully on all clients we represent, whether their car accident resulted in surgery or just a trip to the emergency room to be checked out after the accident. If you’ve been in a car accident, consulting with a personal injury lawyer is free and it’s your best and fastest source of free information to help guide you in the next steps to take following the accident. When you consult with us on the phone or in person:

  • You’ll understand your options moving forward with or without a lawyer;
  • We may be able to help you identify facts which help your claim, by examining your police report and the police report codes it contains;
  • You will feel better because you’ve spoken with a professional;
  • You can turn the stress over to someone who is eager to help;

If you’ve been injured in a car accident in North Carolina, call us to speak with an attorney at 704.749.7747

You can also click HERE to request we call you. We hope you will choose to Recover With Us.

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Personal Injury Lawyer Charlotte NC

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Personal Injury Lawyer Charlotte NC

If you are looking for a personal injury lawyer in Charlotte, NC, we can help. Our firm has helped countless individuals who have been injured in car accidents, pedestrian accidents, and grocery store slip and falls across the state of North Carolina. Our physical office location is in Charlotte, North Carolina.

Getting started with a personal injury lawyer in Charlotte, NC is easy and free with The Layton Law Firm. Our firm offers free consultations by phone, zoom, or in person. Paperwork can be signed electronically, by mail, or in person. If we decide to take your case, you won’t owe us anything unless we get a result for you.

The Personal Injury Consultation

A consultation with a personal injury lawyer in Charlotte, NC is painless and quick. We ask you for details about your accident and your medical treatment, and provide you guidance to help you move forward. If you have a copy of an accident report we are happy to analyze it at no charge. This includes letting you know what the numerous codes on the report stand for and how they can affect your personal injury claim. You’ll get a chance to speak directly with a Charlotte, NC personal injury lawyer and get all of your questions answered regarding moving forward with your injury claim.

Benefit From Our Experience

When you decide to work with The Layton Law Firm, you have the satisfaction of knowing you have a trusted advisor as you navigate your injury claim. We take over communications with the at fault party and their insurance company, so that you can focus on completing your medical treatment and attempting to restore your health to where it was prior to the accident. It is our belief there are numerous excellent personal injury lawyers in Charlotte, NC; however, when you choose to work with our firm you will find the experience of having an attentive team is what sets us apart from other law firms. Your case is important to us and you will feel that way from start to finish.

Among other awards which we have received publicly, we have been named as a top Charlotte, NC personal injury firm by Expertise.com numerous years running.

Demand The Best Outcome For Your Personal Injury Claim

Personal injury lawyers often face low offers and resistance from insurance companies when attempting to settle claims. Our firm’s settlement strategy assures we obtain you the best offer possible from the insurance company. As always, whether you choose to accept that settlement will be in your control. We will assist you in that decision by providing a settlement analysis side-by-side with a litigation analysis—this way you’ll make an informed decision about how to proceed once we have reached a maximum offer on your case.

Additionally, our case analysis includes pouring over your own auto insurance documents to determine whether you paid for benefits related to car accidents which you may or may not know about. These include Medical Payments coverage—a part of many policies clients are unaware of, but which can pay for some or all of your medical bills in addition to any settlement you may receive.

Speak With a Personal Injury Lawyer in Charlotte, NC Now

Taking the next step is easy. You can call us at 704.749.7747, or click HERE to request a call from us. You are only moments away from a consultation which will inform you about your rights and help you decide how to move forward. We hope you choose to recover with us.

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Case Law Update – Contributory Negligence

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Case Law Update – Contributory Negligence

North Carolina is one of the only states remaining which embraces the concept of contributory negligence. Essentially, this means that a jury will be instructed to give the Plaintiff nothing, if the jury finds the Plaintiff contributed even one percent to the accident or injury. In the personal injury world, this is commonly known as “The One Percent Rule”.

This defense is a powerful one for defendants, and sets a very low hurdle for defendants to overcome at trial. However, plaintiffs are still entitled to be compensated where a defendant is negligent and the Plaintiff did not contribute to the accident or injury.

A Recent Case

As recently as 2022, the NC Court of Appeals remanded a case (Klapp v. Buck) back to the trial court after the Plaintiff appealed an adverse decision based on contributory negligence. In the case in question, a bicyclist was hit by a vehicle. The Defendant was attempting a left turn in an intersection, as the Plaintiff was going straight through the intersection. It is noteworthy that the Plaintiff was made visible to other drivers by usage of numerous lights on the bicycle and another light attached to her clothing. Additionally, the Plaintiff was in a line of cars in traffic, also moving straight through the intersection. The Defendant yielded to the vehicles in front of the Plaintiff, but made their left turn when the Plaintiff was traversing the intersection, which caused the accident.

The cases and language relied upon by the Court of Appeals hinged on a few key points:

        A plaintiff is entitled to assume a defendant will comply with the law, even to the last moment

                A plaintiff is not required to assume a defendant will be negligent (as this Defendant was)

                “A scintilla (very small amount) of evidence” is not enough to establish that a plaintiff was
                contributorily negligent

How Contributory Negligence Affects Our Practice

As a plaintiff’s lawyer in Charlotte, North Carolina, contributory negligence is often raised as a bar to recovery or personal injury settlement by the defending insurance company or their attorneys. Insurance companies lean hard on the one percent required to win their case—even in those situations where their client (the Defendant) was also negligent.

While this case does not remove contributory negligence from the conversation when negotiating or litigating a negligence claim, it establishes that the Defendant will have to do more than simply allege that the Plaintiff was also at fault. While it was not explicitly stated, it is implied that juries and judges expect more than an allegation or even an establishment of contribution equivalent to one percent.

Speak To A Charlotte Personal Injury Lawyer Today

If you have been injured in a car accident, it’s important to speak with a car accident lawyer. These finer points can make the difference between no recovery at all, and a fair result for an injured party. Lawyers and law firms that follow recent case decisions are better equipped to argue in your favor and obtain the best result possible.

If you would like a consultation with a personal injury lawyer, you can click HERE or call us at 704.749.7747. The conversation is free, and it’s important that you understand your rights if you’ve been injured. We hope you’ll choose to recover with us.

 

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Free Consultation Charlotte Personal Injury Lawyer

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Free Consultation Charlotte Personal Injury Lawyer

If you need a consultation with a Charlotte personal injury lawyer, you are a few minutes away from speaking with a Charlotte personal injury lawyer. The Layton Law Firm, PLLC has built its reputation on responsiveness to clients, which includes providing consultations quickly. Consultations can be done over the phone or in person. Ready to talk to a lawyer NOW? Chris Layton is the founding law partner and handles all personal injury consultations. To get started, call 704.749.7747 or fill out a quick form and we will call within an hour: CONSULTATION FORM.

What Can I Expect From My Free Personal Injury Consultation?

If you’re in a car accident or the victim of a slip and fall, we know you need advice. We’re happy to help you understand your options whether you decide to use our firm or not. During your free personal injury consultation we will discuss:

Speak With A Lawyer—The most important aspect of your free consultation is that you actually get to SPEAK WITH A PERSONAL INJURY ATTORNEY. Many firms have you spend time with a staff member to determine if your case is worth taking. When you call our office for a consultation you will be connected DIRECTLY to a personal injury lawyer and you’ll get a chance to ask questions.

The Facts Of Your Case—Tell us what happened and let us assess liability for you. If you have a police report (request a police report HERE)we’re happy to review that with you as well. If the consultation is over the phone you can either email or fax the report and the lawyer will review it with you.

Your Injuries—You’ll get a chance to tell us the injuries you sustained from the accident, and describe the medical treatment you’ve received thus far. We will ask a few questions about your treatment status and the timeliness of your treatment, which will help us assess your case. We can also discuss how Medical Liens and Medical Billing are addressed in personal injury settlements.

The Likelihood Of A Financial Recovery—If you are in a car accident, slip and fall, or other personal injury matter, you will quickly find out that you must first prove you are entitled to compensation. While it will be difficult to assess the value of your personal injury claim, the lawyer will be able to assess the likelihood of getting the at-fault party to accept liability, and explain the theory of liability based on the facts of the accident.

Discuss How Personal Injury Claims Work

For most of our clients, it is their first personal injury claim. As a result, we make sure to answer questions about the timeline of a personal injury claim. The timeline changes depending upon the length of your treatment, and whether a lawsuit must be filed, but the conversation will help set your expectations about how much time it will take to resolve your claim.

You Can Decide If You Like Us

Most importantly, you should work with a personal injury lawyer and law firm that you like. The free consultation with a Charlotte personal injury lawyer gives you a chance to do just that. You should feel cared for, and that the lawyer is interested in your claim. We hope you will choose to work with us but we know that’s a personal choice, and we hope the phone call or in-person meeting helps you decide.

Discuss The Personal Injury Fee Arrangement

Most of our personal injury work is done on a contingency basis. This means we don’t get paid unless you get paid. If we reach a settlement for you, our standard fee is one-third of the settlement amount. You will find this is pretty standard in North Carolina. We like this arrangement because it allows individuals to get legal protection without writing a check. We also believe you can trust your personal injury lawyer when they tell you that the insurance company’s offer is a fair offer, or that the lawyer thinks you should file a lawsuit. When the lawyer is getting paid a percentage of the amount recovered, it means you’re both fighting for the same thing.

Speak With A Personal Injury Lawyer Today

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

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Auto Accident Settlement Timeline

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Auto Accident Settlement Timeline

First, if you would like to speak with someone about an auto accident settlement timeline, we are here to help. Simply call 704.749.7747 or click HERE to request a call from us today. A Charlotte personal injury lawyer will reach out to you immediately.

If you have been in an auto accident and you are wondering about the timeline for reaching a settlement, this article helps to explain the steps required to do so. While every accident and every settlement is unique, we hope this helps your understanding of what the road ahead looks like.

Setting The Stage For A Successful Auto Accident Settlement

Reaching a personal injury settlement is the last thing on your mind when you are in a car accident. However, the steps you take early on after your accident will either serve to help you or hurt you down the road. The two most important elements to consider at the outset are:

  • Obtaining a police report
  • Getting medical treatment as quickly as possible

The police report serves as evidence of the accident, captures witness information, and is the first record of the accident itself. Second, the police report contains witness information which can be extremely valuable for proving your case. Lastly, the police report will include the impressions of the attending officer. This will include the officer’s interpretation of what happened, and an assessment of facts including but not limited to: weather, speed of the vehicles, condition of each driver, etc.

Continuing Treatment As Necessary

One mistake so many auto accident victims make is failing to continue their treatment. In the world of personal injury, ‘gaps’ in treatment serve to hurt your case. While you may believe you have a perfectly good reason for the gap in treatment, the insurance adjuster on the other side will use it against you. First, it may be used to establish you were no longer in pain. Second, the adjuster may infer that you suffered a new and different injury during the gap in treatment and therefore, the later treatment should not be included for consideration in your auto accident settlement.

Obtaining Legal Representation Early

Once you begin making statements to insurance adjusters, you create a record of your testimony. Even if you slightly vary your story or your memory of the events, it will be used to establish you are not a credible witness. Insurance adjusters record every phone call you have with them. Additionally, North Carolina is a One Party state, meaning the insurance adjuster does not need your permission to record a call, nor do they need to inform you that a call is being recorded.

By obtaining legal counsel early on in the process, you will receive the guidance you need in order to avoid the common pitfalls of interacting with insurance adjusters as your case proceeds toward settlement.

Wrapping Up Medical Treatment

Once your treatment is completed, the law firm can begin to collect medical records and medical billing. Medical providers are notoriously slow in delivering records. You can expect it to take roughly 45-60 days for a provider to deliver records and bills to the attorney’s office.

Our office requests all records in electronic format. This saves you costs and ultimately means the records and bills arrive in our office more quickly. After the bills and records arrive in our office, we can begin building your demand package, which will be submitted to the adjuster for consideration. As part of this process, you will review the package with us, and we will agree on a demand amount for settlement.

Negotiating Toward Settlement

The insurance company will take some time to review the demand package. Our office sets calendar reminders to push this process forward. Once we have an initial offer from the insurance company, we can begin negotiating in earnest. If we reach a settlement offer that you are interested in accepting—do not worry, we help you make this decision—then we can take steps toward finalizing your settlement. The negotiation portion of the auto accident settlement timeline has been completed.

Medical Billing Concerns

Many auto accident settlements result in medical providers being paid in full. However, you will be given a few options regarding your medical bills outstanding from the accident. Our firm can help negotiate some of your medical bills if necessary, in order to make the settlement work for you.

Receiving A Check

Once the settlement offer is accepted and medical bills are negotiated, we will provide you with a settlement statement showing you every incoming dollar (the settlement funds) and every outgoing dollar. This of course includes and shows you the amount you will be receiving. All personal injury settlements are tax-free, as they represent payment for injuries, not income.

What If I Do Not Agree With The Settlement?

We can always discuss the filing of a lawsuit if the settlement amount is not a fair settlement amount. Your best interests are most important. We will discuss with you the likelihood of success at trial, the anticipated cost of the trial, and what we believe a jury might award you at trial.

If you choose to file a lawsuit, the timeline admittedly begins anew and is governed by the trial calendar which we will explain to you in the event we are moving forward with litigation.

Speak With A Charlotte Personal Injury Lawyer Today

We encourage you to seek legal representation for your auto accident. This is true whether you choose our firm or another law firm. We are happy to discuss your auto accident settlement timeline, whether you have a case and what your case may be worth. You can call 704.749.7747 or Request a call from a lawyer today. to We know you have choices. We hope you choose Layton Law.

 

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Can You See Your Own Doctor For Workers’ Comp?

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Can You See Your Own Doctor For Workers’ Comp?

According to the North Carolina Industrial Commission, your employer or its insurance company chooses the doctor for your workers’ comp claim. This includes all medical treatment related to your work injury. You or your lawyer can request that you be treated by a different doctor or medical facility. Keep in mind that payment by workers’ comp is not guaranteed unless the change of medical provider is approved.

What If I Saw My Doctor Before I Knew The Rules?

Often, the workers’ comp insurance company will pay for your treatment, provided they deem the treatment was reasonable. Your workers’ comp attorney may need to put some pressure on the adjuster in order to receive a reimbursement, but it is not unusual to receive one.

If the treatment for which you seek reimbursement falls outside of normal accepted treatment, you may find the adjuster pushes back on reimbursement requests for acupuncture and chiropractic treatment that was not conducted at their direction.

Will My Workers’ Comp Lawyer Direct Me To A Doctor?

You may find that the doctor hired by the workers’ comp insurance company favors the employer. This may manifest itself in a few ways. First, the doctor may choose conservative treatment and forego additional testing to discover injuries. Second, the doctor may not write you out of work for as many days, weeks, or months as another doctor might. Lastly, if you are seeking a physical impairment rating, you may find that one doctor gives you a more favorable impairment rating than another doctor. The impairment rating affects the value of your workers’ comp claim.

Who Pays For My Workers’ Comp Treatment?

If the insurance company chooses the doctor, they will pay for the treatment. If you choose your own doctor, you can either seek reimbursement from the workers’ comp insurance company or you can pay the doctor out of your workers’ comp proceeds. As mentioned above, there are times it makes sense to seek your own treatment from a doctor of your choosing. Your attorney can assist with this choice.

Speak With A Workers’ Comp Attorney Today

If you have questions about workers’ comp, call us. We’re here to help. We can be reached at 704.749.7747 or you can click HERE to request a consultation. All consultations are free, and it is our job to help you understand your options. We know you have choices. We hope you Call Layton Law.

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Physical Therapy After A Car Accident

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Physical Therapy After A Car Accident

If you have been in a car accident, you may be referred by your doctor for physical therapy. Often, injuries from a car accident don’t manifest until several days or even weeks after the accident. While you may not have broken bones or need surgery, often the injuries require ongoing treatment to heal.

Whiplash From Your Car Accident

The most common injury from a car accident is whiplash. If you need additional treatment beyond your emergency room visit, quite often it will be physical therapy sessions. Rebuilding strength and increasing mobility is the general goal and your therapist will work with you to achieve this.

Other Injuries Requiring Physical Therapy

If you do need surgery after your car accident, it is not uncommon to have a course of physical therapy in order to regain strength and use of the injured area. While neck and back injuries are more common with car accidents, slip and fall victims often need therapy for knee, hip, and shoulder injuries.

Types Of Physical Therapy

There are numerous strategies your therapist may employ when treating you. Everything from manual therapy—including massage—to electric stimulation, may be employed in the healing process. Exercise in the form of both hydrotherapy and unassisted exercise under the care of a therapist helps re-train muscles and build endurance.

It is also not uncommon to employ heat/ice therapy for inflammation, swelling, and pain. The most common advice for a soft tissue injury is RICE: Rest, Ice, Compression, and Elevation. While this is true, heat and ice are often overlooked as an important part of the therapy process.

The Value Of Physical Therapy In A Car Accident Settlement

If your physical therapy was received at the direction or referral of your doctor, the value assigned to it will be greater than if you were treated without a referral. This is due to the belief that the injury (and required treatment) is better substantiated when documented by a doctor.

Insurance adjusters are trained to minimize the value of your claim. Our office will fight to make sure you are treated fairly when considering any settlement amount, and when negotiating the value of your claim as it relates to each aspect of treatment you received as a result of the accident.

Paying For Physical Therapy

If you have health insurance it may cover some or all of your physical therapy costs. If you have been in a car accident, many physical therapy offices will work with our office to allow you to receive the treatment you need, while waiting for your claim to settle in order to be paid for their services. If you have questions about paying for physical therapy we can help.

Speak With A Personal Injury Lawyer Today

If you’ve been in an accident, we recommend speaking with a personal injury attorney as quickly as possible. Phone consultations are free and you deserve to understand your rights. You can reach us at 704.749.7747 or click HERE to request a phone call. We know you have options. We hope you Call Layton Law.

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How Do I Pay For A Personal Injury Lawyer?

How Do I Pay For A Personal Injury Lawyer?

First, if we don’t recover compensation for you, you don’t owe us anything. Second, you don’t pay anything to us until we do recover compensation for you. Lastly, our fee is based on a percentage of your settlement. In summary, if we can settle your case you will pay for your personal injury attorney fees directly from your settlement.

What Is A Contingency Fee?

A contingency fee is an arrangement between you and your lawyer, where your fee to your lawyer is not owed until and unless the lawyer achieves a settlement or jury verdict for you. The contingency fee is a method of payment that allows you to obtain legal representation without having the funds on hand to pay an attorney. Additionally, when an attorney takes your case based on a contingency fee, they are telling you that they have faith in your case. The lawyer knows that if they don’t recover anything for you, they won’t get paid.

When Will I Know How Much I Owe My Personal Injury Lawyer?

Once we negotiate the highest settlement offer we can for you, we will prepare a draft of a personal injury settlement statement for you to review. The settlement statement shows the offer amount from the insurance company and then shows you where every penny of that settlement will go. Typically, the settlement statement will show your attorney fee, any medical bills (and Medical Liens) that are being paid from the settlement, and finally the amount going back to you.

Because you get to review your settlement statement prior to agreeing to the settlement, you can rest assured you will know exactly how much you will pay your lawyer and how much you will receive, all before agreeing to the settlement amount.

Would It Be Better If I Paid My Injury Lawyer An Hourly Rate Instead?

Not in our opinion. What we like about the contingency fee is that you can trust that your lawyer is taking the case because they believe in it. If you were paying by the hour, you may have an attorney who is more than happy to continue working on your case—and billing you—even though they know your chance of winning is very slim. The contingency fee protects you against this. You will find that your personal injury attorney is very honest with you about the value of your case. The reason for this is in part because the attorney’s office is investing its time in your case with no promise of payment.

Speak With A Charlotte Personal Injury Lawyer Today

We would be happy to answer any questions you have about personal injury lawyer fees. You can call us at 704.749.7747 or click HERE to request a call from us. Phone consultations are a great way for you to understand your options and we’re here to help.

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