What Do Personal Injury Law Firms Charge?

There is no set rate for personal injury law firms.  However, you will find that most personal injury law firms charge a contingency fee.  Most personal injury law firms also charge roughly the same percentage.

What Does Contingency Fee Mean?

When a lawyer or law firm works on a contingency fee, it means the payment to the lawyer is ‘contingent’ upon the law firm successfully recovering for you financially. If the law firm is unable to recover for you, there are no charges.

A contingency fee is a good solution to attorney fees for a few reasons. First, most clients cannot afford to hire a lawyer to pursue a personal injury. If lawyers charged by the hour for this work, most legitimate personal injuries would never be pursued. If this were the case, a lot of bad behavior by drivers (car accidents) and corporations (slip and falls) would go unchecked. The contingency fee allows injured individuals instant access to the protections of the legal system.

The second reason a contingency fee is a good solution is it keeps lawyers and law firms objective and honest about the cases they take. If the law firm analyzes your case and does not think they will be able to recover anything for you, you can trust their opinion. If the law firm were charging you hourly, it may be difficult to decide whether your lawyer actually believed in your case—in that instance they would be getting paid, win or lose.

The typical contingency percentage is one third or 33%. This fee is only paid to the law firm if the firm recovers for you. If you’re a history buff, you can read about the History of The Contingency Fee.

How Are Out Of Pocket Expenses Paid?

If there are out of pocket expenses related to your case, our firm will not bill you for those expenses unless we successfully reach a settlement or jury verdict in your favor. In other words, if we are not able to get you a result, there is no fee even for out of pocket expenses. In any case, we do our best to minimize the out of pocket expenses throughout the duration of the representation.

Speak To A Personal Injury Lawyer Today

If you would like to speak with a personal injury lawyer today, we are here to help. You can reach us at 704.749.7747 or click HERE to request a phone consultation. We know you have choices. We hope you choose Layton Law.

 

In A Car Accident? Call Layton Law

If you are in a car accident, the great news is your lawyer is only a phone call away. Our firm works on a contingency basis when representing personal injury clients. This means you don’t owe us anything unless we are able to recover something for you.

Call Us From The Scene Of The Accident

We know even minor accidents are stressful. If you’re in a car accident, It’s never too early to hire a personal injury lawyer. After you’ve made any necessary calls to Medic and the police, you can call us from the accident scene if you need guidance as to what to do next. We’re here to help. Our office can answer questions on the spot, help you understand your options in any given situation, and assist with any other concerns you have before leaving the accident scene.

Early Mistakes Can Cost You Your Case

Statements that clients make to police officers on the scene end up in police reports. Clients who speak with insurance adjusters prior to obtaining counsel, rarely know those statements are recorded. Often, those recorded statements serve to compromise their case.

Turn It Over To Layton Law

When you sign with us as a personal injury client, we handle all communications with insurance adjusters going forward. We also obtain copies of any recorded statements so we can analyze them and get ahead of any weaknesses in your claim or case.

You receive regular updates from our office as we obtain medical records and medical billing once your treatment is complete. These records serve as the basis for the value of your case, and are submitted as part of a Demand Package to the insurance company.

Put Our Experienced Attorney and Staff To Work For You

Our office is equipped to stand up to aggressive insurance adjusters and opposing counsel when necessary. When you hire us, you put our experience to work for you. We are familiar with insurance strategies for claim denials, and we stay the course throughout the life of your case. It is not uncommon for our office to turn a denial into a fair settlement for a client.

Five Star Reviews Tell Our Clients’ Stories

We are most proud of our client interaction, and the care we show our clients. We know you have been through a lot, and that there is no amount of money that can undo the long-term physical and mental anguish of a life-altering car accident. Our clients have been generous enough to leave us reviews across the internet which confirm for us that our message of care and compassion for them is received. When combined with a result the client is happy with, we consider our mission accomplished.

Speak With A Personal Injury Lawyer Today

In a car accident and need help? Call us at 704.749.7747. Or you can click HERE to request a free phone consultation. You will get your questions answered and the call is free. When it comes to choosing a personal injury lawyer, we know you have choices. We hope you choose Layton Law.

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.

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.

 

Estimated Personal Injury Settlements

Personal injury attorneys learn very quickly the pitfalls of discussing estimated personal injury settlements with their clients. The value of your personal injury claim is dependent upon numerous factors. As a result, two cases with the exact same injuries may have very different results in terms of a personal injury settlement. Below are some common factors which affect your personal injury settlement.

The Facts – As you might imagine, depending upon the facts, two cases with the same injuries may have dramatically different results in terms of what they may settle for, or what a jury awards. For example, an individual who is rear-ended in a car accident and suffers a concussion has a different case than an individual who has a grocery store slip and fall and suffers a concussion. Strong facts which clearly establish liability or fault will boost the value of your personal injury claim. Weaker facts, for instance where each driver claims the accident was not their fault, may lead to complications unless evidence can be obtained firmly establishing fault of the other driver. If your claim involves wrongful death, pedestrians, or passengers, the outcome will differ as well.

Contributory Negligence – You can’t discuss estimated personal injury settlements in North Carolina without discussing Contributory Negligence. We’ve written extensively about Contributory Negligence in our blog because it affects many North Carolina personal injury claims. Generally speaking, Contributory Negligence is an affirmative defense. It is a rule in North Carolina which says that if a jury determines the plaintiff is 1% or more at fault, the jury is instructed to give the plaintiff nothing. This is an outdated rule and one your personal injury attorney must wrestle with in order to prove your case. While most claims do not go to court, insurance adjusters commonly introduce Contributory Negligence into the settlement conversation, to remind the plaintiff that there is a very serious risk in litigating a personal injury claim in North Carolina if it’s possible the jury determines the plaintiff was even 1% at fault.

Pre-Existing Injuries – While you are entitled to be compensated for your injuries, you will find the insurance company for the at-fault party will diligently research whether you had a pre-existing condition before this accident. Even a note in your prior medical records indicating a simple complaint regarding back pain, will be used to demonstrate you had existing back pain prior to this accident. The two sides will end up arguing over the extent to which this accident worsened the back pain, and assign a value to that.

Rule 414 – Rule 414 is a rule of evidence which personal injury plaintiff’s attorneys are familiar with. The rule says that the only evidence of medical billing which can be introduced into evidence in court, is medical billing which has actually been paid, and medical billing which is still owed or outstanding. In short, if you have $100,000 of medical treatment, and Medicaid pays $5,000 to the hospital, unless there is a remaining balance, your attorney will only be able to enter $5,000 into evidence at trial as medical billing. Because juries use medical billing dollar totals to help them calculate what they believe is a fair settlement, you can see how this tends to under-emphasize the extent of your injuries at trial. Your lawyer will also need to determine whether you have any Medical Liens as a result of your claim and negotiate them as part of settlement. Once again, two clients who have the same exact injuries but different insurance coverage, may see very different jury results in their personal injury verdicts.

Standard of Care – Generally, a claim of negligence requires you show that a standard of care was owed to you by another person and was not fulfilled. This is called a Breach of Duty, in the personal injury world. In many slip and fall claims, obstacles arise in proving that the standard of care was breached. For instance, you may be able to prove that there was water on the floor of the grocery store, and that you slipped in that water. However, if the store can prove that another customer spilled that water on the floor three minutes before you slipped in it, they will prevail on their argument that the store did not breach it’s duty to you—there wasn’t enough time for the store to discover and fix the dangerous condition. While there is no set rule for the amount of time a hazard must exist, slip and fall cases routinely turn on who created the hazard (another shopper or an employee), whether the store knew or ‘should have known’ about the hazard, and how much time passed since the hazard was created.

Pain and Suffering – Pain and suffering is essentially what you endure as a direct result of the accident. When reviewing your settlement, the amount attributable to pain and suffering is anything above and beyond payment for medical bills and lost wages. Your lawyer will submit a demand package as part of the personal injury settlement process. That demand package will outline your pain and suffering and you will have a chance to review it prior to its submission.

Lost Wages – Lost wages are part of your claim. They will need to be verified by your employer. Your attorney will provide you with a form for your employer to complete, indicating your rate of pay, dates missed, and total lost wages. If you are self employed, you will need to provide copies of tax returns from prior years and other evidence that your lawyer will use to construct a lost wages claim for submission.

The Reputation Of The Personal Injury Lawyer – If your personal injury attorney has a reputation of following through on claims, thoroughly investigating claims, and negotiating claims in good faith, we believe that you are able to maximize your settlement offer in your personal injury claim. If your attorney has a reputation of threatening to file a lawsuit but never follows through on that threat, you can imagine the insurance company may not take that lawyer’s claims as seriously as they will a claim from another law firm. One way to check the reputation of your lawyer is to look at their Google Reviews. We are proud of our history with clients, and thankful that they choose to leave reviews about their experience.

Hiring a personal injury attorney is key in successfully negotiating your claim. The attorney is not simply arguing over dollars and cents; instead, the attorney is building your case using all of the above factors. By persuading the insurance adjuster that the lawyer will succeed with their case, you are more likely to maximize the settlement offer from the insurance company. Estimating personal injury settlements prior to having all the facts, medical records and billing in hand is a bad idea for both you and your personal injury attorney. This process will require some patience, but hopefully your patience will pay off with a fair settlement or jury verdict.

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 about estimated personal injury settlements 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.

What Does A Car Accident Lawyer Cost?

The good news for personal injury victims is that a car accident lawyer does not cost anything up front. If you work with The Layton Law Firm, PLLC for your car accident, you will not receive a bill from us. In fact, we don’t get paid anything unless we reach a settlement or jury verdict in your favor. This is known as a contingency fee, and it means that the lawyer’s fee is “contingent” upon getting you a result in your case. Even then, our fee is an agreed upon percentage of the total settlement or verdict.

Why Doesn’t A Car Accident Lawyer Cost Anything Up Front?

If car accident and slip and fall victims had to pay a lawyer up front, most people would not get the representation they deserve. As a result, bad drivers and corporations would get away with bad behavior because people couldn’t afford to pay a lawyer to help them defend their rights. The contingency fee solves this problem.

Why You Can Trust Your Personal Injury Lawyer

One thing we love about the contingency fee is that you can trust your lawyer. If your lawyer thinks your case is a bad case, they won’t take it. And you won’t end up paying a lawyer by the hour to work on a bad case. If your lawyer has faith in your case—enough faith to take it on a contingency basis—then you know the lawyer believes in your case and is going to work hard to get you the best result. Finally, when it comes to deciding whether to accept a settlement offer, we believe you can trust your lawyer. After all, the lawyer is getting paid a percentage of the settlement. If the lawyer thinks the case is worth more, they will advise you not to settle. The contingency agreement keeps the lawyer and the client on the same ‘team’ even through tough decisions that often come up during personal injury cases.

Your Personal Injury Lawyer Wants To Get You As Much As Possible

Because your personal injury lawyer is getting paid a percentage of the settlement, they have incentive to do everything possible to maximize your settlement for you. It’s important to know that your lawyer and their staff are putting in extensive time and effort to build your case. They do all of this without knowing what the outcome will be. Again, because they believe in your case, you can have faith that they are doing everything possible to make sure you are treated fairly in the end. If they don’t get a result, the answer to the question “What does a car accident lawyer cost?” is “Nothing.”

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.

Will A Pre-Existing Injury Affect My Personal Injury Case?

A pre-existing injury will affect your personal injury claim because your attorney will need to establish the difference between your physical and mental condition at the time of the car accident, and after the car accident. In other words, the at fault party is only responsible for the damage they cause as a direct result of the accident.

Most commonly, pre-existing injuries are back or neck injuries, shoulder injuries, and knee injuries. As you might imagine, it’s easy to distinguish a pre-existing shoulder injury from a head injury which stemmed from the accident. In that case, the at fault party would not be responsible for the shoulder injury because it is not related to the accident. A much more difficult situation to sort through is one where a client has a pre-existing back injury, and the most recent car accident worsens that back injury. The at fault party only wants to pay for the additional damage which was caused by the car accident.

Medical Records Prior To The Accident

One way to prove that the injuries you are experiencing are a direct result of the accident, is to prove you did not have those conditions prior to the accident. Quite often, insurance adjusters will ask you to provide a few years of prior medical records. If you were treated for back pain the year prior to the car accident, you can count on the insurance adjuster arguing that the car accident only aggravated the back injury, but did not cause it. As a result, the adjuster will lower the value of your claim, affecting the settlement value of your case.

Treatment After The Accident

The insurance adjuster will also carefully review your medical records after the accident. For this reason, if possible, you should treat with the same physicians or team of health professionals after the accident, that you treated with before the accident. Those professionals are in the best position to make a statement as to your injuries prior to the accident, versus after the accident.

The Eggshell Plaintiff Theory

There is an eggshell plaintiff theory in North Carolina. While this is not a statute, it is a result of common law or case law over the years. The general rule that comes from the eggshell plaintiff theory essentially states that just because an injured party was prone to a particular injury does not mean they should not be compensated for it. For example, assume a particular individual has a condition which makes them more susceptible to suffer PTSD from a traumatic event. If the accident causes them PTSD, the at fault party is still responsible for that. This is true even if most other individuals would not have had PTSD from the event. The at fault party is not responsible for the underlying susceptibility to PTSD, but they are responsible for the PTSD which was caused by the accident.

Before And After

Your personal injury lawyer will address any pre-existing injury concerns by demonstrating to the adjuster the difference between your life before the accident and after the accident. While medical records and medical billing help to establish this, the attorney can also gather additional evidence to support this. Your inability to participate in activities such as horse back riding or running, or your inability to interact with your grandchildren in the same manner after the accident as before the accident, all count toward the value of your car accident or slip and fall claim.

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 Much Does It Cost To Hire A Personal Injury Lawyer?

It doesn’t cost anything to hire a personal injury lawyer when you work with The Layton Law Firm, PLLC. Our firm works on a contingency basis. This means we only get paid if we are able to reach a settlement or a jury verdict for you. If we are unable to reach a settlement or verdict for you, you will not receive a bill.

The contingency arrangement allows those injured in car accidents, workers’ compensation accidents, and slip and fall accidents to obtain legal representation without spending money to do so. This is an extremely important aspect of our legal system. By providing clients with legal representation, personal injury lawyers are protecting every day consumers from large insurance companies and their corporate legal teams.

How Do I Hire A Personal Injury Lawyer?

Hiring a personal injury lawyer is easy. When you work with The Layton Law Firm, PLLC, you can complete most of the intake online. There are a few docs which need to be signed. We can meet with you in the office to sign that paperwork, or if it’s more convenient for you, we can mail or email it to you to sign. We’re flexible. Whatever is easiest for you works for us.

Once you have signed a contract with the firm, we will send a Letter of Representation to the insurance company for the at fault party. The letter of representation will confirm we represent you in the personal injury matter. It also requests all transcripts or recordings of conversations or statements you may have made to the insurance adjuster for the other side.

Will The Layton Law Firm Take My Case?

We can’t take every case that we are presented with; however, you deserve to speak with a lawyer about your case so you can understand your rights. Our free consultations are meant to help us understand your case, and provide you with what we believe to be your options for moving forward. If we are unable to take your case for some reason, we will explain why, and try to refer you to another law firm we think would be a good fit for the case.

Is My Case Too Small For A Personal Injury Lawyer?

Many clients mistakenly believe that personal injury lawyers only take large cases. This simply is not true. We take on minor accident cases every day at our firm, and we are just as interested in helping and protecting those clients as we are in working on larger cases.

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.

 

Passenger Accident Claims And Insurance

If you are a passenger in a car accident, you will potentially have numerous options available to compensate you for your personal injury claim. Except for in limited circumstances, passengers are not at fault for car accidents. This means liability (who is at fault) will not be contested. Instead, your claim will be fought over the injuries and which insurance company should pay for those injuries.

Pursuing Your Passenger Accident Claim

Working with a personal injury law firm will protect your rights as you attempt to recover for your injuries from the car accident. The personal injury lawyer will also help you sort through the liability associated with the accident. The first thing the lawyer will ask for is a copy of the police report from the accident.  Typically, the police report will contain statements from both drivers, together with a diagram of the accident. There are numerous sections of the police report where the attending officer makes notes which help tell the story of the accident. These notes contain everything from the estimated speed of the vehicles upon impact, to the road conditions. Lastly, the police report will also make note of any citations given to either driver, which can dramatically help or affect your case depending upon the citation.

If you do not have a police report from the accident, we can assist you with obtaining one at no cost. Just click HERE to request one.

Starting Your Personal Injury Passenger Accident Claim

Assuming the police report indicates the other driver is at fault, the most logical entity to pursue is the insurance company for the other driver. In North Carolina, there are insurance minimums that each driver must carry. The minimums in North Carolina are $30,000 for one person for bodily injury (“Personal Injury”), and $60,000 for injuries to two or more people in a single accident. Additionally, each driver must have $25,000 in property damage coverage; however, if you are a passenger the property damage aspect will most likely not affect you.

If you are a passenger, this means that the driver of your vehicle may also be injured. You can see how, depending upon the severity of the injury, the injuries for all individuals in your vehicle may exceed the amount of insurance the at-fault driver carries. If this is the case, you can also pursue an Underinsured Motorist Claim by starting a second claim with the insurance of the driver of your vehicle.

Your personal injury attorney will advise you as to the specifics of this claim, and you must be careful not to settle for less than the full policy amount of the at-fault driver’s insurance policy if you intend to pursue an Underinsured Motorist Claim. Lastly, the underinsured motorist limits must exceed the limits of the policy of the at-fault driver. If your claim comes to this crossroads, your personal injury attorney’s skill set in navigating underinsured motorist coverage will help you tremendously.

What If Your Driver Is At Fault?

If the driver of your vehicle is at fault, this will not prevent you from recovering for your injuries. Provided you did not contribute to the accident, your lawyer can start a claim with the insurance company for your driver. The minimums mentioned above will still be in effect.

Recovering With Medical Payments Coverage In Passenger Accident Claims

Your personal injury lawyer can also pursue a medical payments claim for you. If you or the driver of your vehicle have medical payments coverage on you auto policies, you can submit medical bills from the accident. You will be reimbursed for reasonable and necessary medical expenses which stem from the accident. While these amounts are typically $1,000-$5,000 they can make all the difference in settling a personal injury claim. This is particularly true of a smaller claim.

If you are able to recover medical payments coverage, your lawyer should be able to successfully argue for you that your medical payments coverage is not subject to the Medical Liens in personal injury created by N.C.G.S. 44-49 and 44-50, which helps you to retain more of your settlement funds.

Speak With A Personal Injury Lawyer Today About Passenger Accident Claims

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 “Passenger Accident Claims And Insurance” 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.