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Physical Therapy After A Car Accident

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

Whiplash From Your Car Accident

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

Other Injuries Requiring Physical Therapy

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

Types Of Physical Therapy

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

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

The Value Of Physical Therapy In A Car Accident Settlement

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

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

Paying For Physical Therapy

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

Speak With A Personal Injury Lawyer Today

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

How Do I Pay For A Personal Injury Lawyer?

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

What Is A Contingency Fee?

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

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

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

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

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

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

Speak With A Charlotte Personal Injury Lawyer Today

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

Will My Personal Injury Case Go To Trial?

Most personal injury cases do not go to trial. Every case is unique, and we will discuss your case with you in detail. Part of that discussion will include whether we believe it will go to trial. If you were recently injured and your case or claim has just started, it may be too early to know whether your case will go to trial. To make things worse, due to Covid-19, the Mecklenburg County court system is overloaded with cases.

Do not Lose Sleep Worrying About The Trial

If you are like us, you are obsessed with your case. Because of that, it is tempting to lay in bed imagining being cross-examined by the other lawyer. You may wonder whether the jury will believe your version of the facts about a car accident. Lastly, you may wonder whether the other driver will lie on the stand. The reason it is not worth worrying about these things is that most cases even if they are filed as lawsuits, do not get in front of a jury. Keep in mind, this is good news.

Trials Are Risky

No matter how strong you think your case is, anything can happen at a trial. We only represent plaintiffs, and the plaintiff has the burden of proof in a personal injury trial. All it takes is one jury member to decide they do not like your case, or that you somehow contributed to the accident, and the entire trial can be in jeopardy. The same is true of the defense, however. There’s tremendous risk for both sides—this is the primary reason most cases settle before going to trial. Both sides recognize it would be better to reach an agreement than to put all the power in the hands of a third party (The jury).

Settlements Can Be Fair

Our clients often find that a well negotiated settlement offer ends up being fair for them. The choice to accept a settlement offer is always the client’s choice, but we will help you weigh out the pros and cons of accepting a settlement offer or filing a lawsuit against the other party. The settlement process is lengthy and both sides work hard to prove their case, while arguing over the value of the case and the legal merits. If a fair offer is on the table, it is worth considering accepting the offer.

New Information Comes To Light

Another reason many claims or cases settle is that new information is discovered by one or both parties. It could be that both drivers claim they had a green light. This argument may go on for several months, with both sides unable to reach an agreement due to the dispute. However, a witness may surface who is willing to sign an affidavit that our client had the green light. As soon as this new evidence surfaces, the other side will often reverse their denial of the claim and offer a fair settlement amount. The same is true if video evidence is reviewed by either side. Evidence, as it comes in, usually strengthens the case for one side and leads to a different outcome.

We May Discover We Have A Bad Case

The truth is, sometimes we discover we have a bad case. Our firm is in the business of taking risks for our clients, but there are times where evidence surfaces which indisputably establishes that the other side was not at fault. In that unlikely scenario, usually both our firm and the client agree together that we will not win a lawsuit. In that event, getting a settlement would be a great outcome; however, the other side usually has access to the same information, which may lead to a denial of the claim.

Speak With A Personal Injury Lawyer Today

If you have questions about your personal injury case, call us. We can be reached at 704.749.7747 and we are happy to discuss the merits of your case, and whether it may go to trial. You can also click HERE to request a consultation. We know you have choices. We hope you choose Layton Law.

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.

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.

Who Pays For Physical Therapy After A Car Accident?

You didn’t ask to be in a car accident. Now you’re dealing with the aftermath—arguing with the insurance company, missing work due to injuries and doctor’s appointments, and possibly facing the inability to afford treatment. We help clients with these concerns every day in our practice, and we can help you as well.

If your car accident or slip and fall required a surgery, most likely you will need some form of physical therapy after a car accident and surgery. If you do not have health insurance, or if you have a high deductible, you may not be able to afford physical therapy. This conundrum presents numerous problems. First, your full recovery depends upon physical therapy. You won’t fully heal from the surgery without it. Second, if you have a personal injury claim, you deserve to not only be treated but also to have that treatment paid for by whoever caused the injury.

Physical Therapy On A Lien Basis

In North Carolina, there is a lien statute which relates to medical treatment provided in conjunction with a personal injury. While the language of the statute requires legal interpretation, it generally boils down to the fact that your medical providers (including your health insurance company) can place a lien against your injury proceeds. Your lawyer has an ethical obligation to obtain lien amounts and address them in your settlement. The upside of this rule is that quite often, you can find a physical therapist to treat you on a “lien basis”. This means the therapist will treat you and simply agree that they will wait to get paid until you reach a settlement.

You’ll Need An Attorney Letter Of Protection

If you find a physical therapist or chiropractor willing to work on a lien basis, they will most likely want to see a copy of your police report, and receive a letter from your personal injury lawyer indicating the lawyer represents you, and that the lawyer is protecting their lien in the personal injury settlement. This letter can be quickly drafted and faxed or emailed to the medical provider, so that treatment can begin or continue.

When Do You Pay For The Physical Therapy After A Car Accident?

Once you reach a settlement, your attorney will work with the physical therapist to negotiate their bill, if possible. The lien statute referenced above (NCGS 44-49 and 44-50) place limitations on the amount you must pay the medical provider from your settlement proceeds, and this will be a necessary component of the negotiation. Your personal injury lawyer will handle this for you and communicate with you regarding where every dollar of your settlement will go.

How Much Of My Settlement Will I Receive?

The answer to this depends of course on a few factors. First, how high your outstanding medical bills and liens are. Second, how much you receive at settlement. Lastly, the application of the NC lien statute to the settlement proceeds and liens will largely determine the amount which will go back to you from your settlement proceeds. Your attorney will address each of these concerns with you as your case progresses and you will have ultimate authority to settle the claim or refuse the offer of settlement. It’s your attorney’s job to help you understand how each decision affects you.

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.

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.

 

The Insurance Company Is Totaling My Car

If you are in a car accident and the damage to your car exceeds 65 to 70 percent of the value of your car, your car may be ‘totaled’. According to Insurance.com your car will also be totaled if the repair estimate exceeds the fair market value. Keep in mind that if you’re in a car accident, you have two potential claims that arise from that accident. First, you have a property damage claim. This is the claim which relates to your vehicle. Second, you may have a personal injury claim. Even if you are handling your property damage claim on your own, a discussion with a personal injury lawyer about both claims is a great next step in the process. The personal injury claim relates to your pain and suffering, lost wages, and medical bills, but will not include repayment for loss of or damage to your vehicle.

Keeping A Totaled Vehicle After A Car Accident

If you want to keep your totaled vehicle after your car accident, your insurance company will typically pay you the cash value of the vehicle minus any deductible according to your policy. From there, you can arrange to have repairs made to the vehicle. In many cases, clients do choose to keep a totaled vehicle and make the repairs.

Check With Your Insurance Company About Coverage Going Forward

If you are planning to keep and operate a totaled  or “salvage” vehicle, it’s important to make sure you will be able to get insurance coverage for the vehicle. Every insurance company is different. You can start by asking your current auto insurance company about covering the salvage vehicle. If that is not an option you can reach out to other insurance companies for the same purpose.

Selling Your Totaled Car After A Car Accident

Another thing to keep in mind is the trade-in or sale value of your vehicle may be zero, if the insurance company is totaling your car after the accident. The title database maintained by insurance companies will alert any buyer that the vehicle has been totaled. You also have an affirmative duty to disclose to any potential buyer that the insurance company totaled the car.

Totaled Cars And Gap Insurance

If your car is totaled and the amount the insurance company is giving you for the totaled car does not cover the loan amount, you have a deficiency for which you may be responsible. Longer length loans on vehicles, coupled with rolling negative vehicle debt into a trade-in often results in an “upside down” vehicle. When the insurance company totals the car, you’re left with the loan to pay.

If you purchased what is commonly known as gap insurance, it will pay the difference between what you receive for the car and the remainder of the loan. The purpose of gap insurance is so that you don’t get stuck with unsecured or leftover debt after the insurance company makes their payment to you.

Purchasing A New Car After A Car Accident

Many of our personal injury clients are in need of a new vehicle after a car accident. While the personal injury claim does not include value for the loss of the vehicle, there is no rule that says you can’t spend some or all of your personal injury settlement funds on a down payment for a new car. Your personal injury lawyer can help you to sort through all of these issues and provide guidance in addition to protecting you against unfair treatment by the insurance company or companies involved in the car accident and compensation resulting from it.

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.