Broken Bones From Car Accidents

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Our firm represents new car accident clients and slip and fall clients each day in Charlotte, NC. Injuries from those accidents range from soft tissue injuries to broken bones, and each personal injury claim is unique. Your injuries directly affect the value of your claim. Understandably, clients want to know what broken bones from car accidents are worth when it comes time to settle a claim. The answer depends on a few factors.

Medical Treatment

Perhaps the most telling indicator of the value of your personal injury claim is the medical treatment you received. Your Charlotte personal injury lawyer will analyze this from two perspectives: the actual medical records, and the medical billing. Some broken bones from car accidents require a cast and time to heal, while others require numerous screws, pins and rods in order to support the broken bone while it heals. The differing nature of treatment will change the value of your claim.

Time Missed From Work

Broken bones from car accidents routinely lead to missed work. If the car accident gave rise to missed work or lost wages, your lawyer will ask you to have your employer sign a Lost Wages Affidavit in support of establishing the wages you lost as a direct result of the car accident. Depending upon your job, a broken bone may mean a few days out of work, or several weeks. Your lost wages will be added to your medical billing totals and will contribute to the total value of your claim.

Special Damages

Personal injury lawyers and insurance adjusters often talk about Special Damages. These can include but are not limited to, harm you suffered as a direct result of your car accident. They extend beyond the physical injuries. For instance, if you were in a car accident and it caused you to miss your daughter’s graduation, or a ski trip to the mountains, your personal injury lawyer will assist you in valuing those special damages. This includes both out-of-pocket expenses and intangible losses like missing your own 16th birthday or your senior year season of track and field due to a broken bone from a car accident.

Talk To A Lawyer Today

We are here to help. Part of our job is providing guidance and advice. Phone consultations are free. If you would like to speak with a lawyer today, call 704.749.7747 or click HERE to request a call from us. We know you have choices. We hope you choose to Recover With Us.

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What Is A Fair Personal Injury Settlement

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Everyone wants a fair personal injury settlement, and over the years, we have found that most personal injury clients’ primary desire is to be treated fairly. They are not looking for a pay day. That being said, clients calling to discuss their personal injury claim with us routinely ask what their claim is worth. While we hesitate to predict what an individual might receive in a personal injury settlement or a jury verdict, we consult a few factors to assist us:

Who Was At Fault

Parties often disagree on who was at fault for in any given auto accident or slip and fall claim. Quite often, in a car accident, both parties experience injuries as a result of the accident. The key to being compensated for your injuries begins with convincing the opposing insurance company their driver was at fault. If you can’t prove liability (in court) or convince the other side to accept liability (in or out of court), then regardless of your injuries, you will not recovery anything. This factor takes on a more complicated analysis when the injury is the result of a slip and fall accident.

Valuing Your Injury

Insurance companies and juries will typically value your injuries based on some factor of your medical billing, together with lost wages, pain and suffering, and any other special circumstances your injury caused or will cause in the future. Your disability rating is considered together with these factors, if you have one. Mecklenburg county juries are conservative when it comes to damages for personal injury plaintiffs. While this is reflected when an insurance company offers a settlement amount, you’ll find your personal injury attorney will add value to your case by defending your right to be compensated fairly.

Defining Fairness

Every personal injury client is different, and every fact scenario is different. Fairness is subjective. That being said, we maximize your settlement by employing our experience and resources to defend against denials of liability and low settlement offers. The choice is yours whether to settle or not; we are here to provide you guidance in that decision when the time comes.

Take Next Steps

Take the next step and call a Charlotte personal injury lawyer today. We conduct phone consultations at no charge. You will come away from the phone call with a much better understanding of what your options are. We would love to partner with you in your journey toward resolving your personal injury claim or lawsuit. If you would like to speak with an attorney today, call 704.749.7747 or click HERE to request a call. We hope you’ll choose to Recover With Us.

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Negligent Homeowners — Trick or Treat…

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Negligent homeowners beware: it’s Halloween and you’re getting visitors. North Carolina premises liability law governs whether you will be held liability for injuries sustained on your property. With Halloween just around the corner, you’ll no doubt be getting lots of guests to your property, whether you like it or not. Most of these guests are small children who will be running through the dark of night toward your front door in hopes of scoring lots of candy. But what happens if they trip and fall along the way?

The Basics of Premises Liability Law in NC

Property owners have a duty to keep their property safe. Negligent homeowners will pay the price for failing to do so, as the rules of negligence in personal injury extend not only to retail property owners, but also to homeowners. In some instances there are conditions which are dangerous or potentially dangerous. If the property owner can not remedy those conditions, there is at the very least a duty to warn your visitors and guests of the dangerous conditions, especially if it’s reasonable to expect visitors.

In addition to the potential for a trick-or-treater falling on your property, you should also beware that Halloween is a time where the family dog may not be so fond of visitors dressed in strange costumes. It’s reasonable to expect dog bites and injuries related to dog attacks to increase during Halloween, and the property owner or dog owner can be held liable for the attack, especially if the dog has a documented history of such behavior.

Am I A Negligent Homeowner?

Each claim against a negligent homeowner in a personal injury matter essentially requires that the components of Negligence are satisfied in order for the plaintiff to successfully prove their case. Those elements are:

  • The homeowner owed a duty to the injured party
  • The duty was breached
  • The breach of that duty gave rise to the injury in question
  • There were damages resulting directly from the injury

There are numerous instances where a homeowner may in fact be negligent; however, if there are no damages resulting from that negligence, there is no claim to be pursued by the other party. For example, a homeowner who fails to maintain his walkway may have breached his duty to his guest. If that guest trips and falls because of this failure to maintain the walkway, the guest is well on their way to having a negligence claim against the property owner. However, consider that in some instances the trip and fall victim lands softly in the grass, gets up, wipes the grass stains off of their pants, and realizes they are not injured. In this case, there is no viable claim for recovery under the principle of Negligence, as the fourth prong of Negligence has not been met: there are no damages (other than a bruised ego from falling in front of friends).

How Long Do I Have To File A Lawsuit?

As with most negligence claims, you have three years from the date of the accident to settle the claim or file a lawsuit. This is known as the statute of limitations. This three-year time frame gives the injured party enough time to realize the full extent of their injuries. It also gives the injured party enough time to receive treatment for those injuries and obtain representation (i.e. get a personal injury lawyer) so that they may recover from the negligent homeowner.

Call A Charlotte Personal Injury Lawyer Today

If you or someone you know was injured at a private residence or in a retail location, call us today for a free case evaluation. You can reach us at 704.749.7747. Or, you can click HERE to request a phone call from an attorney. We hope you’ll choose to Recover With Us.

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Medical Payments Coverage in North Carolina

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Medical Payments coverage (or “Med Pay”) is an available amount of money which can be applied directly to your outstanding medical bills. These funds are in addition to any settlement you reach with an insurance company related to a car accident or a slip and fall in North Carolina. This article will help you to understand Medical Payments coverage and how it works in the personal injury arena. Additionally, please feel free to reach out to us HERE if you have any questions.

Medical Payments Eligibility

Not every auto insurance policy contains Med Pay coverage; however, if you purchased Med Pay coverage, you declarations page will list the coverage. You can also call your insurance agent or insurance company to ask. In order to access Medical Payments coverage under your auto insurance policy, your medical bills must have been generated from an injury sustained in a car accident.

Medical bills resulting from an injury sustained on a business property may also be entitled to Med Pay coverage. Your personal injury lawyer will inquire as to whether the premises liability coverage maintained by the business owner contains Medical Payments coverage.

Medical Payments Coverage And Personal Injury Settlement

Your settlement with an insurance company for a liability claim stemming from a car accident or slip and fall on a business premise will not be affected by the Med Pay coverage. This coverage is separate from your personal injury settlement. When Medical Payments coverage is available, quite often it means that the funds from your personal injury settlement will be spent less on medical bills and more money will go to you, the injured person.

Medical Payments And Personal Injury Attorney Fees

Your personal injury attorney is not permitted to take a 1/3 contingency fee from your Medical Payments proceeds; however, most personal injury attorneys charge a small administrative charge for processing the Med Pay check and orchestrating the claim with the insurance adjuster. This is the customary and allowable practice in North Carolina.

Do I Have Medical Payments Coverage?

Call our office today and we can help you determine if you have Med Pay coverage. We will explain the process for obtaining the benefits of that coverage, and discuss your personal injury claim with you as well. You can reach us at 704.749.7747 or click HERE to request a call. We’re here to help and we hope you choose to Recover With Us.

Further Reading

To read over 100 articles we’ve written about personal injury topics, please visit our Personal Injury Blog page.

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Water On The Bathroom Floor

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It amazes me how often I enter a Charlotte restaurant bathroom to find there is water on the bathroom floor. It is usually easy to tell if the wet floor has just been mopped, or if the water on the bathroom floor is from the sink or a spill. Either way, the wet bathroom floor presents a particularly dangerous condition. Most restaurant bathroom floors are made of slick tile, and when someone slips and falls, there’s nothing soft to break their landing.

If you’ve been injured by slipping on a wet floor in a restaurant, you may be wondering whether you have a personal injury claim against the restaurant. It’s not always an easy answer, but if you review the four prong test for dangerous conditions on business premises, you can get a sense as to whether you may have a claim.

Was There A Duty?

In order for the business or restaurant to be liable to you in any way, you must first establish that they had a duty of care. If you are a business invitee on a property, the answer is generally yes, the establishment has a duty to keep the premises free of dangerous conditions, including wet bathroom floors. An example where a business may not have a duty would be if you were trespassing on the property late at night when the business was closed, and you were injured as a result.

Was There A Breach Of Duty?

Not only must you establish that a duty existed, but you must also establish that the duty was breached. This means the business, its agents or employees, failed to meet the standard of care the law holds them to, regarding the condition of the property. If the premises are to be kept reasonably free of hazards, and if there is water on the bathroom floor (a hazard), then you would have a strong argument the duty to you has been breached.

Was There Notice Of The Hazard?

It is not enough that there is a duty and that the duty was breached. In a negligence case involving the example of water on a bathroom floor, you must show the entity in control of the property had notice of the hazard. This notice can be actual notice, or constructive notice. An example of constructive notice would treat the party as if they knew, simply because they should have known. If a banana peel drops on the floor and five seconds later you slip on it, chances are the party controlling the premises didn’t have actual or constructive notice. If you trip instead on a dark brown banana peel, suggesting the peel has been on the floor for quite some time, you could argue the store knew or should have known about the existence of the dangerous condition.

Were There Damages As A Direct Result?

Hopefully this question makes sense. Even if there is a duty, and even if that duty is breached, if you don’t have damages you don’t have a claim or case. The reason is that you have not experienced a loss. A personal injury claim is made to seek compensation for a loss. That loss can be physical (a broken arm, a concussion), and it can also be less tangible, as is the case with anxiety. Typically, you can recover for all damages which stem directly from the injury sustained.

Speak With A Personal Injury Lawyer Today

If you want to know if you have a personal injury claim or case, give us a call. We will listen to your story, ask a few questions, and help you understand your options. We can be reached by requesting a call HERE, or by calling us at 704.749.7747. We hope you choose to Recover With Us.

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Grocery Store Slip And Fall In North Carolina

Grocery Store Slip And Fall In North Carolina

Swimming Pool Injuries

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It’s that time of year again. In North Carolina we have gone from Spring to sweltering Summer in a matter of a few weeks. One age-old retreat from the heat is of course the lovely swimming pool. But what happens when a public pool or a private pool is not maintained properly, or when preventative steps are not taken to keep toddlers away from this attractive nuisance? Below, you’ll find some useful information about swimming pool injuries.

Public Pools

As public pools are heavily guarded, a public pool drowning is a rare occurrence. Much more likely is a public pool injury which may occur because of uneven pavement, pool flooring in dis-repair, or some other failure to properly maintain the pool and its surrounding area. Public swimming pool injuries include, but are not limited to:

Slip and Falls on Wet Surfaces

1st and 2nd Degree Burns and Lung Irritation From Pool Chemicals

Drowning

If you’ve been injured at a public pool, this is generally a premises liability injury. If you hire a personal injury attorney to assist you in making a claim against the pool, you’ll typically be making a claim against the insurance policy maintained by the pool association or corporation. In a premises liability claim for a public swimming pool injury, you are generally alleging negligence, the components of which are detailed HERE.

Private Pools

Private pools and the swimming pool injuries resulting from them, can often be more dramatic. Namely, quite often a child who is unable to swim will find his or her way into a private pool and drown in the pool because there is no lifeguard. There are standards set in the state of North Carolina for private pool owners, which are meant to secure the pool area from individuals who are not invited to swim on the property by the property owner. These standards regulate the dimensions of the required fence or wall (referred to as a “barrier” in the codes), including height, gaps, protrusions, and gates.

If a drowning or other injury occurs at a private pool, the claimant typically makes a claim against the homeowners insurance policy of the pool owner. If you own a private pool, you know that your insurance rates increase due to the inherent risk in having open water of this nature on your property. If you’re making a claim against a homeowner for a private pool injury, much like the claimant in a public pool injury, your claim is one of negligence. Essentially you are alleging the pool owner failed to meet the standard of care for a homeowner who owns and maintains a pool.

Talk To An Attorney

If you would like to speak to an attorney about a public pool injury or a private pool injury, please don’t hesitate to call 704.749.7747. We’re here to answer questions—it’s part of the job. You can easily request a phone call HERE. We hope you’ll choose to Recover With Us.

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Do I Need A Lawyer For My Personal Injury?

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Not every situation calls for a personal injury lawyer. And while personal injury attorneys love to tell you that “We don’t get paid if you don’t get paid,” the fact is, lawyers cost money. But there are times when getting a lawyer makes sense.

You’re Not Being Treated Fairly

If you’ve been in a car accident and you feel the insurance company for the driver that hit you is not being fair, you’re probably right. While there’s no exact formula for damages, this is an instance where you can rely on your gut instinct. Even just a phone call to a personal injury attorney may help you decide if what you’re being offered is fair. But, the point it is, involving a lawyer will help give you clarity.

You’re Being Asked To Sign A Release

While it makes sense in a settlement to release the other party of future claims, it’s important to know what you’re signing. Whatever our personal injury claim is worth, once you release other party, the claim is settled for good. If the insurance company for the driver who hit you is putting releases in front of you, it’s a good time to get a professional to look things over for you.

There’s Not Enough Insurance

There are times when the policy the other driver has isn’t enough to cover your damages. A personal injury attorney is skilled at discovering additional policies from which you might recover, and also will guide you through filing and under/un-insured motorist claim in the event the primary policy does not cover your damages.

It’s Time To File A Lawsuit

Quite often, settlement negotiations stall. Both sides stop moving toward the middle. If you don’t have a personal injury attorney, you’re stuck with deciding to take what’s being offered. A skilled injury attorney though, will be sure to present the facts, medical billing, and injuries to the insurance company in such a way that maximizes the way the insurance company values the case. If settlement negotiations stall, the lawyer can send over a draft of a lawsuit, which may jump-start the negotiations again. Worst case, the attorney can file the lawsuit on your behalf.

Most Cases Settle At Mediation

If a lawsuit is filed, know that most cases settle before they ever see the inside of a courtroom. After discovery has completed and depositions have been taken, the parties meet again to negotiate—typically in what’s called Mediation. A lawyer will work with you during mediation to settle the case for an amount you’re happy with—but without the lawyer, you never get there.

Get Help Today

If you’ve been injured in a car accident, a slip and fall at a business, or have suffered any other type of personal injury, we’re here to help. Call us at 704.749.7747 for a free phone consultation, or request a consultation HERE.

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Sidewalk and Parking Lot Injuries

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A sidewalk injury or parking lot injury may give rise to a premises liability claim under the umbrella policy for the business owner. Your personal injury attorney will need to know the conditions that existed at the time, as well as how the injury occurred. North Carolina has unique rules regarding a plaintiff’s contribution to the injury. This concept is known as Contributory Negligence. In order to rule out contributory negligence, your attorney may ask you about the following:

Your shoes or footwear;
Your alcohol consumption;
The weather;
The nature of your visit to the sidewalk or parking lot;
The condition of the sidewalk or parking lot

Documenting Your Injury

If you slip and fall or trip and fall on a sidewalk or in a parking lot, you’ll want to preserve as much factual evidence as possible from the scene. This can be done by taking photographs, gathering the names and phone numbers of any witnesses to the fall, and writing down information about the incident so that you don’t forget in the future.

Prior to leaving the site, take steps to document the injury with any on-site management or employees. If your accident was at a gas station, restaurant, or retail store, those facilities should have a process for submitting an accident report. This will help create a record of your fall. If no one is on site, look for a phone number posted for contacting the property owner. You’ll often find these in public places like parking garages and shopping malls.

Seeking Medical Attention

Quite often, it’s hard to tell if you have a serious injury just after falling or tripping. While the safest choice is always to call an ambulance or medic and get medical attention immediately, that is not always practical. Regardless, if at any time after the fall you believe you have an injury, that is the time to seek medical attention.

Talk To A Personal Injury Attorney

Personal injury attorneys want your call. They will gladly answer questions you may have about your injury, dealing with insurance adjusters, and paying medical bills. Answering questions is part of the job, whether the individual decides to hire the law firm or not. If you’ve slipped or fallen and believe you are injured, let us help you decide your next steps. You can call us at 704.749.7747 or request a phone consultation HERE.

 

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Wal-Mart Slip and Fall

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IMG_1478Certain companies get a reputation regarding insurance claims and lawsuits. These dictate whether they will settle those claims or force the claimant to file a lawsuit and become a plaintiff. A Wal-Mart slip and fall is a good example.

While there are exceptions, Wal-Mart trends toward a company policy of denying all claims related to personal injury. Fortunately, if your personal injury attorney is aware of this policy, he or she will know how to maximize your recovery in a Wal-Mart Slip and Fall claim.

Step 1: Complete Your Medical Treatment

There is nothing that de-values a personal injury claim like failing to follow Doctor’s orders, or failing to get treated in a timely manner. Insurance adjusters jump at the chance to deny a claim because the client waited too long to seek medical treatment or didn’t follow through with the treatment. As a result, the adjuster claims that the extent of the injuries being claimed are due in part to the client’s failure to treat them.

Step 2: Request Video

Most every square foot of a Wal-Mart is under video surveillance at all times. Your personal injury attorney should immediately request video of your Wal-Mart slip and fall from the store where you fell. A failure to make this request in a timely manner could result in the video being destroyed or disposed of over time, as company policy allows for this if there is no reason presented to preserve the video.

Step 3: Make a Claim

Your attorney will compile your medical records and medical billing associated with the Wal-Mart slip and fall, and submit it to the insurance claims adjuster with the video of your slip and fall. This package, which requests Wal-Mart pay you damages for your injury, is called a Demand Package.

Step 4: Prepare for Denial         

As stated above, be prepared for Wal-Mart to reject your Wal-Mart slip and fall claim out of hand. This means the personal injury law firm will receive a response back from the Wal-Mart insurance claims adjuster about 45 days after submitting the demand. The response will claim either that Wal-Mart is not responsible for your slip and fall, or that there are no damages related to your slip and fall.

Some personal injury attorneys may give up the fight at this point. Depending upon the circumstances, there is one more additional step that should be taken, with the client’s permission, in response to the denial.

Step 5: Send a Draft Complaint

When an insurance claim is denied, your next step is to file a Complaint or a lawsuit. It is common knowledge that not all claims are worth spending thousands of dollars on in court, or worth the time required to invest in them in the courtroom. When a claim is denied, an alternative to giving up is to draft the Complaint or lawsuit and send it over to the company’s legal department. This Complaint should be sent together with a letter proposing that Wal-Mart either offer compensation or else the Complaint will be filed as a lawsuit.

Step 6: Prepare to Settle

While every case and every circumstance is different, typically Wal-Mart will reply to the draft of a Complaint with what is referred to as a”Drop Dead Offer.” They will give the law firm a few days time to respond to the offer, after which point the offer is no longer valid. At this time, you and your personal injury attorney will examine the offer from Wal-Mart and decide whether to accept it, or to file a lawsuit in your Wal-Mart slip and fall claim.

If you have a Wal-Mart slip and fall claim and you would like help examining it and navigating the legal and insurance process, please call us today. An attorney would like to discuss the claim with you. We can be reached at 704.749.7747.

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