Proving Fault In A NC Car Accident

In a North Carolina auto accident claim, the burden of proving fault is on the plaintiff. The defendant has no burden; however, the defendant will present evidence in order to rebut your attempts to prove they were at fault. As the plaintiff in the car accident, you must prove your case by a preponderance of the evidence, as discussed in this article.

Burden Of Proof

The burden of proof in a civil case is lower than the burden in a criminal case. In a civil case (car accident, slip and fall, pedestrian injury, etc.) you must prove that based on a preponderance of the evidence, the defendant is liable. The “preponderance of the evidence” is the greater weight of the evidence. Therefore, the standard amounts to more likely than not, the defendant was at fault.

The Four Components Of Negligence

Generally, in a NC car accident case, you are attempting to prove the defendant was negligent. Negligence has four components: Duty, Breach, Causation, and Damages. The plaintiff must prove all four of these components in order to prevail when proving fault in a NC car accident. First, you must show the defendant owed you a duty of care. Automobile drivers owe one another the duty to show reasonable care for one another when operating a vehicle or sharing the road. Second, you must show that the defendant breached that duty, or failed to uphold that duty. Third, you must show that this failure was the direct cause of the accident. In other words, if not for the defendant’s failure to uphold the duty, the accident would not have happened. Lastly, you must show that the breach of this duty caused damages, or injury. After all, it is the injury that brings you to court seeking to be compensated or made whole.

Keep in mind that in North Carolina, if the defendant can prove contributory negligence, this serves as an affirmative defense to your claim of negligence. Contributory negligence is a standard by which if the defendant can prove the plaintiff contributed even 1 percent to the accident, the jury is instructed to give the plaintiff nothing.

The Challenge Of Proving Fault

Every day in our office, we examine police reports in which our driver claims she had a green light. The other driver—per the police report—also claims to have had a green light. (If you need a free copy of your police report, click HERE and we can help.) While we know that both drivers did not have the right of way, the challenge becomes proving this. These cases are often known as “He Said, She Said” cases. Essentially, you have to individuals telling two different stories. From a jury’s perspective, how are they to decide which driver is telling the truth? What evidence can a lawyer put forth to establish that their client is telling the truth, and had the right of way?

Without an independent eyewitness to testify as to what they saw—including of course who had the green light or right of way—quite often these cases represent extreme risk for a lawyer or law firm to take to court. The risk is not in losing. Any attorney knows they are not going to win every case. However, the risk is in the hours and financial investment the law firm is putting into the case, without any independent evidence to prove fault in the car accident case.

Presenting Evidence To Prove Fault In A NC Car Accident

Your personal injury lawyer will present evidence in hopes of establishing that the defendant was at fault. Below are a few examples of evidence which may be presented in court:

Client Testimony – The plaintiff will take the stand to tell their version of what happened in the car accident. Presumably, the plaintiff will state that she had the right of way, and that the defendant did not. Keep in mind, per the example above, the defendant may also take the stand and claim the exact opposite.

Photographs – If there are photographs which were taken at the scene, those may be authenticated and entered into evidence in the case. The plaintiff’s attorney will use the photographs to tell the story of the accident. Perhaps the position of the vehicles on the road helps to establish which vehicle was at fault. Often, the location of the damages on each vehicle helps to establish how the vehicles collided, which vehicle was in front or behind, etc. General photographs of the accident location, even after the vehicles have been moved, also help the jury to understand the nature of the intersection or piece of roadway involved in the accident. This may help corroborate the plaintiff’s testimony regarding what happened.

Witness Testimony – As mentioned above, an independent eyewitness may testify as to what they saw. Unless they are a friend or relative of one of the parties in the accident, there is no reason not to believe their testimony. In fact, their testimony may serve as a “tie-breaker” between the conflicting testimony of the plaintiff and defendant.

The Police Report – If the police report is in your client’s favor, the attorney will attempt to admit the police report into evidence as an official record. This report was made during the officer’s duties as an employee and the officer can often testify as to its authenticity based on what the officer witnessed at the scene of the accident.

Speak With A Charlotte Personal Injury Lawyer Today

Proving fault in a NC car accident is often more challenging than we predict. Insurance adjusters see the world through a different lens than the injured party. Having a lawyer represent you can make all the difference. If you would like to speak with a personal injury lawyer about your car accident case, call us at 704.479.7747 or click HERE to request a free consultation. We know you have choices. We hope you choose Layton Law.

Want to meet Chris Layton? Here is a one minute introduction VIDEO.

 

Pregnancy Injuries From A Car Accident

Pregnancy injuries from a car accident can range from minor injuries to miscarriage. If you are pregnant and are in a car accident, certainly you need to visit the doctor to be examined. If you experience pregnancy injuries from a car accident and the accident was not your fault, you deserve to receive compensation for your damages.

Medical Treatment Changes If You are Pregnant

When an individual is in a car accident, a trip to the emergency room may be enough to determine the extent of injuries. This is true especially if the doctor orders x-rays or an MRI. When you are pregnant and in a car accident, you will need an extensive battery of tests run to determine if the unborn child has been injured. As your medical bills and injuries increase, generally the value of your claim increases. A personal injury lawyer can make a critical difference in guaranteeing that you are treated fairly when negotiating a settlement with an insurance company.

Types Of Injuries To Unborn Children

Pregnancy injuries from a car accident may manifest themselves in several ways. At the very least, an auto accident while pregnant firmly places your pregnancy in the high-risk category. This may necessitate additional monitoring by doctors, or ongoing tests to confirm the health of your child as they develop in the womb.

Numerous clients we have represented experienced premature birth because of a car accident while pregnant. While premature birth itself is a complication resulting from a car accident, a premature birth often leads to birth defects or a new-born failing to develop properly. This increases the risk for disability as the result of the accident. Often a personal injury case or claim will need to remain open until the damages can be confirmed and quantified for the purpose of valuing the claim. Your personal injury lawyer can explain how to protect your rights.

Fetal death or Miscarriage is unfortunately caused primarily by car accidents. This can be caused by physical impact to the mother. Additionally, if the mother loses oxygen for an extended period, the unborn child can be the victim of fetal death.

Speak With A Personal Injury Lawyer Today

If you would like to speak with a personal injury lawyer about potential injuries to an unborn child because of a car accident, we are here to help. Whether it is just answering a question or moving forward with representation, our firm is ready to act for you. You can request a free consultation online, or you can call 704.749.7747 to speak with a lawyer today.

What Is My Personal Injury Claim Worth?

The same way that every human being is unique, so is every personal injury claim. This means that the value of your personal injury claim will depend upon all the specific circumstances surrounding your claim and how it has affected your life. When you call a personal injury lawyer and ask them “What is my personal injury claim worth?” the answer should be “It depends.”

What Does It Depend On?

The primary driving force of the value of your personal injury claim is how it has affected your life. However, in order to establish how an injury or event has affected your life, you will need to establish proof. This is the world in which personal injury lawyers and personal injury insurance adjusters live. A simple example is two individuals who have both experienced tremendous anxiety and stress due to a car accident. Suppose that one of the individuals sought therapy to try to mange her PTSD from the accident, and the other individual ‘toughed it out’ on her own without therapy. While both clients have experienced anxiety, stress and PTSD from the accident, the individual who sought therapy has evidence of her anxiety. As a result, it will be easier to establish the value of the stress and anxiety when calculating a settlement figure or persuading a jury box.

What About Medical Bills?

Medical bills and medical records are a key part of establishing the value of your claim. Again, bills and records help to establish proof of how the accident affected your life. We are more easily persuaded that someone has been through pain and suffering and loss of enjoyment of life, if we can see they received extensive medical treatment, surgeries, and physical therapy to heal from the accident. Compare this to an individual who was injured in a car accident and was treated once at an emergency room fourteen days after the accident. You get the picture.

Do My Lost Wages Count?

When determining “What is my personal injury claim worth?” your lost wages are a critical component. If you are a W2 employee or have a supervisor of any sort, we will work with you to have the supervisor sign off on a lost wages affidavit to establish the time and wages you lost. Even if you used Paid Time Off, you have lost paid hours as a result of the accident and deserve to be compensated for it.

How Will I Know When I Get A Fair Offer?

This is a fair question. We find that in the end, most of our clients simply wish the accident had never happened. There is no amount of money that can compensate them for the loss of enjoyment of life and the traumatic nature of catastrophic injuries. We help our clients to decide about a proposed settlement by seeking to understand what is important to them. Some clients have a strong desire for justice—sometimes that requires that we file a lawsuit. Other clients are simply ready to move forward with life and decide that the insurance company is making a fair offer. The decision is always yours, and we are here to maximize the offer to you, then help you decide if you want to accept it.

Speak With A Personal Injury Lawyer Today

Want to speak with someone today to get an answer to the question “What is my personal injury claim worth?” The consultation is free. Our job is to help you understand your rights and explain whether we think we can assist you with your claim. Our goal is to help you achieve the best outcome possible. You can reach us at 704.749.7747, or click HERE to request a call from a lawyer today.

South Carolina Car Accidents

The Layton Law Firm can assist with South Carolina car accidents. Our firm has attorneys licensed in both North and South Carolina, and we also routinely work with other law firms in South Carolina on cases, depending upon the location of the accident. While our physical office is in Charlotte, NC, we will travel to you if necessary, to sign paperwork, or make any other arrangements in order to move forward with your claim.

Choosing A Personal Injury Lawyer

Depending upon the location of your accident, and where you live, you will need to make sure you have a law firm capable of representing you in that state. Once you make that determination, the next most important factor is determining whether the firm you are considering is a good fit for you. The personal injury lawyer-client relationship is a lengthy relationship and can involve years of litigation in some instances. It is important to speak at length with the personal injury lawyer so you can get your questions answered and make an informed decision about representation.

What To Expect

Clients who have been injured are frustrated. You did not ask to be in a car accident or a slip and fall accident, and you are dealing with injuries which change your life. Most clients want the situation to  resolve as quickly as possible. We understand that. Unfortunately, in order to guarantee you are treated fairly in any settlement or litigation matter, it usually requires a lengthy journey to get to the finish line.

Given the lengthy nature of most personal injury cases, you should establish with your lawyer how often you will be updated, and by whom. It is not uncommon for a law firm to have a case manager or litigation manager who will be assigned to your case. He or she will be your primary contact regarding updates, and of course you will speak with the attorney throughout the process as well.

Speak With A Personal Injury Lawyer Today

If you would like to speak with a personal injury lawyer today, the consultation is free. Our job is to help you understand your rights and explain whether we think we can assist you with your claim. Our goal is to help you achieve the best outcome possible. You can reach us at 704.749.7747, or click HERE to request a call from a lawyer today.

 

Will I Win My Personal Injury Claim?

Will I win my personal injury claim – great question. First, let’s take a step back and recognize that one client or lawyer may define winning differently than another client or lawyer. Our goal is to get the best result possible for you. If it’s a settlement offer, we negotiate to the highest offer and help you decide whether to accept that offer. If it’s a trial result, our goal is to convince a jury that the other party is responsible and that you deserve to be compensated fairly for your damages.

We work on contingency, which means we don’t get paid if you don’t get paid. As a result, we believe clients can feel comfortable that if we are willing to work on their case without guarantee of payment, that means we believe in the claim or case.

Getting A Fair Result In Personal Injury Is Tough

We work every day to help clients receive fair treatment from at fault parties. If you’ve negotiated with an insurance company before, you know that they are not generous. Because North Carolina is a Contributory Negligence state, insurance adjusters commonly argue your case has a low value and that you would most likely lose in court.

If insurance companies aren’t arguing that you were partially at fault, they will often look for gaps in your treatment, or a failure to complete treatment, or a prior injury. Each of these will be used to convince you that your case is worth less than you think it is.

Personal Injury Attorneys Protect You

It is our firm belief that a personal injury attorney will not only help you achieve a best result, but will help protect your rights along the journey. Whether you choose to work with our law firm or another personal injury law firm, you should strongly consider hiring legal counsel to help you with your car accident claim or slip and fall claim.

In addition to persuading insurance companies and opposing counsel that your case deserves fair compensation, your personal injury attorney will work to negotiate your medical billing and address any health insurance liens resulting from your accident. A failure to address these when negotiating a claim on your own often means you are pursued by medical creditors or lienholders after settlement—a horrible result.

Winning your personal injury claim is a combination of achieving the best offer possible, combined with making sure you are not left to deal with your medical bills after settlement. Federal and State law provide a set of rules by which all settlements should abide. Your personal injury lawyer will be familiar with these laws and apply them to your settlement. In many cases, you can limit the medical bills which are paid out of your settlement, or negotiate the medical bills down so that your settlement is not used to simply pay your medical bills, leaving nothing for you.

Determining Your Case Value

While every case is different, we will discuss the value of your case with you once we have enough information about your injuries, lost wages, and medical treatment. Because there are numerous components to a personal injury claim, our team will work with you to uncover the true nature of your losses, to build value in your case.

Once our firm has gathered all billing, records, and other items related to your case, we will work with you to set an amount to demand from the insurance company for settlement. Presenting your claim to the insurance company is done through a demand package which the law firm builds throughout the representation. We will review the demand package with you before submission to the insurance company, and use the contents of the demand package to attempt to negotiate a settlement with the other side.

Speak With A Personal Injury Lawyer Today

If you’d like to speak with someone today, the consultation is free. Our job is to help you understand your rights and explain whether we think we can assist you with your claim. Our goal is to help you achieve the best outcome possible. You can reach us at 704.749.7747, or click HERE to request a call from a lawyer today.

Accident Lawyer Free Consultation

If you’ve been in an accident you deserve help immediately. Call us now for your accident lawyer free consultation. Consultations can be conducted over the phone or in person. What’s most important is that you understand your rights now, before you start communicating with the other driver’s insurance company.

During your accident lawyer free consultation we will discuss all of your concerns about the accident, and there will not be any pressure to commit to hiring us. We want you to work with a personal injury lawyer who is best suited to your needs. Your relationship with your lawyer will be a lengthy relationship, and it’s important that you understand the lawyer’s approach to helping you achieve compensation for your loss.

Accident Lawyer Free Consultation Topics

  • The fee for working with our law firm on a personal injury matter (We are paid a percentage of the settlement or jury verdict, and you don’t owe us anything if there is no recovery)
  • Determining whether you have a case (Who is at fault)
  • The next steps you can take to preserve your rights and make sure your treatment related to the accident is paid for by the other driver
  • Our likelihood of success in obtaining a recovery for you
  • Our history with cases similar to yours (Car accidents, grocery store slip and falls, dog bites, wrongful death, workers’ comp, etc.)

You may also have additional questions unique to your situation, and we can help with those as well. If you need guidance regarding a property damage claim, medical payments coverage, or responding to an insurance adjuster, we can advise you regarding these concerns during the accident lawyer free consultation.

Next Steps

Your next step is simple: call us at 704.749.7747 and request a consultation—you will be immediately routed to a personal injury attorney who can assist with providing you guidance. The accident lawyer free consultation is free and we’re happy to help. You can also click to request your ACCIDENT LAWYER FREE CONSULTATION and we will call you shortly.

How Do I Find A Personal Injury Lawyer Near Me?

Finding a personal injury lawyer near you should be easy. Google will usually show search results which are relevant to your search for a personal injury lawyer, both by content and geographic location. Keep in mind, most personal injury law firms have the ability for you to sign up by internet, email, or mailing you a packet. If you’d like to speak with an attorney today, simply request a phone consultation HERE and we will reach out immediately.

If you are in an accident in North Carolina, The Layton Law Firm can help you. Our office is in SouthPark in Charlotte, NC; however, we handle Car Accident cases, Truck Accident cases, Slip and Fall cases, Pedestrian Cases, and Wrongful Death cases across the state of North Carolina. If your accident was in South Carolina, we can work with you to start your case with one of the South Carolina litigation law firms we routinely work with.

Determining Whether You Have A Personal Injury Claim Or Case

A phone consultation with a personal injury lawyer should provide you with enough information to decide if you have a valid personal injury claim. Most personal injury lawyers work on a contingency basis. This means that the law firm only gets paid if they are able to obtain you a settlement or jury verdict. Our firm routinely works on contingency with clients. We believe this serves the client well. First, the client does not have to pay out of pocket for legal protection and can find representation immediately. Second, if your personal injury lawyer is interested in your case and is agreeable to working on a contingency basis, it’s a good sign that the lawyer believes you have a valid case—they wouldn’t work for ‘free’ if they thought they were not going to eventually get a result for you.

Deciding On A Personal Injury Lawyer

It’s important to choose a lawyer who you believe is capable of handling your case, and who will be good to work with. Our office routinely receives phone calls from clients who are working with other personal injury lawyer and can’t get a phone call returned, or feel like their case hasn’t been touched in months. When you choose to work with The Layton Law Firm, we make sure to communicate regularly with you. We provide you updates as the case or claim progresses, and we involve you in the critical steps in the settlement process. You’ll never feel neglected or ‘out of the loop’ as it relates to your case.

Speak With A Personal Injury Lawyer Today

If you’re asking “How do I find a personal injury lawyer near me?” the answer is easy—you’ve found one. We can help you with your case and we would love to hear from you. 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.

 

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.

 

How Do Insurance Companies Calculate Pain And Suffering

Clients often wonder how insurance companies calculate pain and suffering. Technically, if you take any settlement and subtract out the medical billing and the lost wages, you are left with what might be referred to as pain and suffering. Essentially, this is anything above and beyond actual expenses. Logic would tell you that is what is being offered to compensate you for your suffering.

Pain And Suffering Isn’t That Simple

Truthfully, your Average Personal Injury Settlement doesn’t really work that way. Two different personal injury attorneys may end up with two different results for the same client. This tells us that pain and suffering is a component of each settlement, but in the end the skill set of your personal injury attorney will determine whether your pain and suffering is maximized in your settlement or jury verdict.

Your damages can be broken into a few categories:

Current Damages – Current medical expenses, Lost wages, and General damages. These include of course your doctor visits and prescriptions, physical therapy, chiropractic, etc.

Future Damages – Future medical expenses, Future lost wages, and Future general damages. While these are not always certain, a doctor’s opinion can be attained in most cases, to try to prove the likelihood for the need of future treatment.

Rehabilitation Damages – If your recovery will involve or require training or re-directing of a career or vocation, you may have rehab damages.

Punitive Damages – Lastly, though uncommon in North Carolina, punitive damages are meant to punish the at fault party. These go above and beyond your pain and suffering, and usually are a dollar amount chosen which represents the desire to “send a message” to the at fault party that this type of behavior will not be tolerated. A classic example is the award given in the McDonalds hot coffee case. The amount of the award was very high, presumably to send the message to corporations that they need to be more careful with hot coffee.

Forget Pain And Suffering And Focus On Value

If you could listen in on your personal injury attorney’s conversations with the insurance adjuster or opposing counsel, you would find the attorney rarely mentions the phrase pain and suffering. There’s a reason—both sides can strongly disagree about a dollar amount which is fair. Instead, the attorney works to build your case based on facts and categories of damages such as those mentioned above. Rather than argue about what you’ve been through, your attorney will argue what it’s going to take to get you back to where you were before the accident.

There are of course accidents which involve a terrible amount of pain and suffering, and in those cases they play a larger role. For instance, if a claimant witnessed the loss of a loved one, or the experience itself was horrific. A vehicle that rolls over three times on the highway involves more pain and suffering than a fender bender on a city street, even if the injuries are the same.

You Need Someone Who Enjoys Arguing

It sounds funny to say, but it is our opinion that you need a personal injury lawyer who actually enjoys arguing. Not in the sense that it makes their day to argue with someone. Instead, you need someone who is interested in building an argument for you. A personal injury attorney and law firm that looks at your case with fresh eyes and can tell the story of your case in a convincing manner will help to maximize the value of your case. In the end, that means a better result for you.

Our clients love that we take a genuine interest in defending their right to be fairly compensated. While none of our Reviews specifically indicate that we love to argue, we find that a client feels satisfied when they know their lawyer went the distance for them– this includes standing our ground against opposing counsel in a personal injury matter.

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.

 

Neck Pain From A Car Accident

If you have neck pain from a car accident, you should seek medical attention quickly. Quite often, we don’t feel the pain from a car accident until several days later. This is partly due to the adrenaline or endorphins which mask the pain; however, after a day or two we realize we have been injured. Treating neck pain from a car accident not only helps to ensure your health, it also protects any legal rights you may have against the driver who hit you.

Treating Early Protects Your Rights

If you wait to treat your car accident injuries for any length of time after the car accident, you open yourself up to objections by the other driver’s insurance company. For instance, suppose you are in a car accident on January 1st. On January 3rd you start to feel aches and pains. You’re busy with work and keep thinking it will go away. You take ibuprofen a few times a day and you’re getting by, until you realize you need to get help. You wait until January 30th to get treated.

If you pursue a personal injury claim against the driver who hit you, you will face scrutiny from the insurance adjuster on two levels. First, the adjuster will claim that there is a chance you injured yourself between January 1st and January 30th, which had nothing to do with the accident. They will object to paying for the treatment on the “gap in treatment”. Second, the adjuster will argue that even if the pain was related to the January 1st accident, you must not have been in that much pain if you waited 30 days to get treated—this means you can expect a low settlement offer. You can read more on our blog about The Value Of Your Personal Injury Claim.

Car accidents and the mechanics of a personal injury claim are unique in this manner. By seeking treatment early, you take care of yourself and you preserve your rights.

Paying For The Expense Of Treatment

Your health insurance should cover any emergency room treatment or hospital treatment you require, minus your co-pay. However, insurance won’t always cover chiropractic treatment, which is the most common treatment for neck pain from a car accident. Fortunately, most chiropractors in Charlotte and the surrounding area will treat on a “Lien Status”. This means the chiropractor will treat you at no cost, and wait to get paid from your car accident settlement. You can read more on our blog about Medical Liens In Personal Injury.

If your chiropractor is going to treat you on Lien Status, they will probably want an opinion from your personal injury attorney that the accident was not your fault. They may also ask for a copy of the police report. They are only doing so to protect themselves. If the accident was your fault, there won’t be a personal injury settlement and the chiropractor won’t get paid. This doesn’t mean you can’t get treatment from the chiropractor—in fact, if you’re injured, you absolutely should get treated. It does mean, however, that you will bear the expense of the treatment.

Start By Choosing A Personal Injury Lawyer

If you are having neck pain from a car accident, start by calling a personal injury lawyer. The Layton Law Firm can help examine the details and facts from your accident, and make an assessment as to whether the accident was your fault. This will give you some confidence that whatever treatment you incur may be paid by your car accident settlement, should you be able to reach one. You can read more on our blog about Medical Bills In Personal Injury.

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.