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What Do Personal Injury Lawyers Charge?

In determining what personal injury lawyers charge, you have to look to the specific engagement letter or contract for each personal injury lawyer or law firm. Most personal injury lawyers charge a fee known as a Contingency Fee. This means that the lawyer or law firm only gets paid if they are able to reach a settlement or jury verdict in your favor. Then, the lawyer will be paid in accordance with the contract you signed with them.

What Is The Contingency Fee?

For most personal injury law firms, the contingency fee is one third of the gross settlement proceeds. So, one question is what do personal injury lawyers charge if you win your case? The answer depends on how much you won. For instance, if you reach a settlement for $30,000, the personal injury lawyer’s fee will be $10,000. In addition to the one third, the lawyer’s contract will typically call for the law firm to be reimbursed for any out of pocket expenses. Provided the claim was settled prior to being filed as a lawsuit, those expenses are usually minimal and amount to small fees paid to third parties to obtain medical records and medical bills.

Is A Contingency Fee Good For The Client?

We like a contingency fee for several reasons. First, it gives the client access to legal representation without having to write a check to a lawyer. Second, if the lawyer is only going to get paid if they are able to successfully settle your case, it’s safe to assume the lawyer believes in your case. In other words, if the lawyer is willing to represent you without payment up front, they believe they will ultimately be able to recover something for you. For the client, this takes the pain and mystery out of paying a lawyer by the hour for a case you may never win.

Additionally, at some point during negotiations, your personal injury lawyer will probably tell you when they believe you should accept the current settlement offer, or reject the offer and file a lawsuit. Once again, because the lawyer only gets paid if you get paid, you can trust the lawyer’s judgment. A lawyer working and getting paid by the hour could potentially continue working on your case even though they did not feel you would prevail. We believe this instills inherent trust the lawyer client relationship as we move forward with each case.

Why Are Lawyers Willing To Work For A Contingency Fee?

Lawyers know that most people do not have money set aside to pay for a lawyer to fight for them in a personal injury case. This doesn’t mean the injured party doesn’t deserve representation. The contingency fee was most likely conceived of to help address this catch-22 situation. What do personal injury lawyers charge if you lose? Well, usually nothing. That is the risk the lawyer takes when deciding whether to represent a client in a personal injury claim. There will be plenty of cases where the law firm works diligently and is unable to recover anything for the client. Fortunately, those cases which do work out for both the client and the lawyer tend to balance out the equation.

Who Gets The Remainder Of The Settlement?

Your personal injury lawyer’s fee is subtracted from the gross settlement. Then, any negotiated medical bills and medical liens are deducted. The remainder is yours. Your personal injury lawyer will discuss all of the numbers with you before agreeing to a settlement. This way, you can be sure of exactly how much you will receive from the settlement, before agreeing to settle the case.

Speak With A Charlotte 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.

Can I Sue Someone For Damaging My Property?

Whether you can sue someone for damaging your property depends upon the circumstances. In North Carolina, If the property damage is to a vehicle– from a Car Accident— there are well established processes for starting a property damage claim and recovering damages. If you were injured in an auto accident, you may have both a property damage claim and a personal injury claim.

In most cases, even if you can sue someone for damaging your property, you will be able to get the dispute settled at the claims level which does not require filing a lawsuit. This saves money for both sides and relieves the courts of the burden of officiating over the property damage claim.

How Much Is My Property Damage Claim Worth?

The value of your property damage claim can be established by several components and approaches to damages. If the vehicle is determined to be totaled, the value will be whatever the car was worth at the time of the accident. There are standard formulas for determining the value, and the NADA Blue Book Value is often used as a benchmark. This value takes into account the make, model, mileage, and wear and tear on a vehicle at the time of the accident.

If your car is not totaled in the accident, you will either strive to have your car repaired at the expense of the other driver’s insurance company, or receive a check for an amount representing the cost of the repair. Then, you can choose whether to have the repair done, and where to have the repair work done.

You may also be entitled to the loss of use of the vehicle in the interim. Your actual out of pocket expenses will be your best source of evidence of these damages and would include rental vehicle costs, Uber or Lyft costs, or the cost of other forms of public transportation incurred when you were without a vehicle.

Your recovery may also include a component for sentimental value. While most vehicles will not fall into this category, there are exceptions. If your grandfather lovingly restored the vehicle and gave it to you as a graduation present, your argument for sentimental value increases.

Will I Pay A Deductible?

If someone damages your property, you should not have to pay a deductible. That expense should be taken on by the other driver’s insurance company; however, if the accident was your fault and you engage your own insurance company to fix the car, then yes, you will pay your contracted deductible.

Pursuing The Personal Injury Claim

Property damage claims are fairly straight-forward, once you are able to establish a claim with the insurance company. Our office assists with property damage claims but we generally do not charge clients to do so. In most cases, we represent the individual in their personal injury claim. If your vehicle was damaged in a car accident, and if you sustained bodily injury from that accident, we can help with the personal injury claim. The aspects of a personal injury claim are quite different from those involved in a property damage claim, and the expertise of a personal injury law firm can make all the difference in the outcome. This is true especially if the claim needs to be escalated and filed as a lawsuit.

Statute Of Limitations On Both Claims

You generally have three years from the date of the accident to make a property damage claim and a personal injury claim. By the three year mark, you will need to either settle your claim or file a lawsuit to keep your legal action alive. Missing the statute of limitations is just one of the pitfalls of handling the personal injury claim on your own. There are also personal injury medical bills and medical liens which must be addressed in a North Carolina personal injury claim. Your North Carolina personal injury lawyer will address these for you as part of the legal representation.

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 addressing “Can I Sue Someone For Damaging My Property?” 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.

 

 

 

Friendly Charlotte Personal Injury Firm

It may seem counter-intuitive to desire a friendly Charlotte personal injury firm, but in our opinion that is exactly what you need for your Charlotte personal injury. We all often forget that working with a law firm means interacting with that law firm on a routine basis. While you want your Charlotte personal injury lawyer to be aggressive for you when pursuing compensation for your personal injury claim or personal injury lawsuit, you also want them to be easy to work with. For that reason, finding a friendly Charlotte personal injury firm is important.

Responsive Staff And Attorneys

One of the most frequent complaints about Charlotte’s personal injury firms—even those rated as Charlotte’s best personal injury firms—is a failure to communicate effectively with clients. Part of this failure is due to the heavy workload that Charlotte personal injury law firms take on; however, there’s no excuse for not responding to a client’s inquiry or desire to be kept up to date.

At The Layton Law Firm, we end each conversation by agreeing with you on the next time you can expect an update from us. This helps us, and it helps you. From our perspective, it ensures that we have it marked on our calendar to reach out to you when the future date arrives. From your perspective, it gives you peace of mind that you know you will be updated at the agreed-upon time.

Mutual Respect Is A Critical Part Of Success

The personal injury law firm and the client must work as a team to reach a successful result on a personal injury claim. This means the client must also commit to responding in a timely manner to their lawyer or paralegal. Quite often, the insurance adjuster in a car accident will request additional support for lost wages or medical records. We need our clients to assist us in quickly gathering that information so the claim can move forward.

On our end, we do our best to keep in mind that most clients have never filed a personal injury claim before working with us. They are not the type of individuals who sue people. So, the experience can be stressful. Not only is it an emotionally draining process, but it’s also hard to understand how long a personal injury settlement will take. We do our best to maintain compassion, empathy, and understanding for what our clients are going through. After all, they are working with us because they were harmed in an often life-changing motor vehicle accident, slip and fall injury, or workers’ compensation-related injury.

Speak With A Charlotte Personal Injury Lawyer

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.

 

Does A Personal Injury Settlement Include Medical Bills?

Your personal injury settlement will include payment of your medical bills. Medical bills are often a challenging aspect of a personal injury settlement in North Carolina. The reason for this is that there are no rules automatically reducing medical billing in a personal injury settlement. As a result, your personal injury attorney must be familiar with the medical lien laws of North Carolina when settling your claim. Lastly, your Charlotte personal injury attorney may negotiate your medical bills for you as part of your personal injury settlement.

What Are North Carolina Medical Liens In Personal Injury?

If you are injured and receive treatment in North Carolina, the treating physician or facility can place a lien against any personal injury settlement you receive. The underlying theory is that if you were treated for the injury and receive money for the injury, you should have to pay your medical bills related to that injury.

There are some limitations on personal injury medical liens in North Carolina. Per N.C.G.S. 44-49 and 44-50, any provider of medical services is limited in the amount of lien they can claim, as follows:

Under Section 44-49, a lien is created provided that the provider does not charge for medical records and medical billing, and provided that written notice of the lien is given to the attorney.

Under Section 44-50, the liens in total are limited to one-half of the settlement, after subtracting attorney fees and costs. Generally, because attorney fees are usually one-third of the settlement, this means that the amount of your settlement that has to go to the lien holders is one-third of your settlement.

For example, assume your settlement is $12,000. Your attorney fee would be $4,000 (1/3). This leaves $8,000 remaining. The lien statute states that no more than one-half of the remainder shall be made to pay to liens. This means $4,000 must go to your lien holders, and the remaining $4,000 is yours.

What If Medical Bills Exceed The Lien Amount?

Your medical provider does not have to accept the pro-rata lien payment under 44-49 / 44-50 as the final settlement of the lien. They may bill you for the remainder. However, your Charlotte personal injury lawyer may be able to negotiate the medical bills in total for you, prior to accepting the settlement. In many cases, the lien holder will accept their pro-rata share as full and final settlement.

Speak With A Charlotte 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 addressing “Does A Personal Injury Settlement Include Medical Bills?” 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.

 

 

Should I Give The Personal Injury Adjuster A Statement?

No, you should not give your personal injury adjuster a statement regarding your car accident, slip and fall injury, or any other injury. No matter how kind the adjuster may appear, you can trust that your statement(s) will be used against you at a later date. Adjusters work for the insurance company. While they may be assisting you with reaching a personal injury settlement, their loyalty is always to the insurance company.

The Adjuster Is Probably Recording Your Statement

North Carolina is a One Party Consent state, under N.C.G.S. Ann 15A-287.  This means that phone conversations can be recorded by one of the parties to those conversations. Effectively, this means that the adjuster does not have to ask your permission or even tell you the call is being recorded. It also means the recorded call could become evidence at trial.

Inconsistencies In Your Statement Will Be Used Against You

While you may tell the truth when giving your personal injury statement, you are only human. First, if the adjuster has multiple conversations with you, they may record all of them. Second, you may explain the facts in a slightly different manner to the adjuster on different calls. Lastly, these differences in the versions of your story could be used to establish your inconsistency, or your inability to accurately remember what happened. This is specifically true of a slip and fall accident. At least in a motor vehicle accident, there is a police report to help memorialize the facts. If you’ve been in an accident we can provide you with a free copy of your police report,

Refusal To Give A Statement Will Not Hurt Your Case

As a general rule, we advise adjusters that it is our policy that our clients not give a statement. Much the same way the insurance company does not have to provide us with a copy of the store video for a slip and fall, we retain the right to refuse to give a recorded statement. Additionally, if a lawsuit is filed, both sides will be given a chance to take depositions during the Discovery phase of the lawsuit, governed by N.C.G.S. 15A-902. A deposition is the equivalent of a recorded statement given by our client, or anyone else. That is also when any existing video of an accident or slip and fall would be turned over for review.

The Pitfalls Of Settling A Claim Without A Personal Injury Lawyer

This article is just one example of how having legal representation can dramatically change the results of your personal injury claim or personal injury settlement. Whether it’s guidance regarding a personal injury statement to an adjuster, or assistance with negotiating medical liens in personal injury, your personal injury attorney will fight to protect you. Having your legal rights protected has to be a top priority when dealing with a large corporate insurance company.

Speak With A Charlotte Personal Injury Lawyer Today

If you have been injured and would like to speak with a lawyer today, call us at 704.749.7747. Press the “New Client” option when prompted, and you will be connected immediately with a lawyer. You can also request a FREE CASE EVALUATION and we will reach out shortly to discuss your case with you. Even if you’ve already given a personal injury statement, we can help.

Further Reading

If you’d like to read more articles, check out our Personal Injury Blog or our Bankruptcy Blog. Thank you for stopping by the website. We hope it has been helpful.

You Need A Lawyer For Your Car Accident

After years of experience, it is our opinion you need a personal injury lawyer for your car accident. Personal injury law in North Carolina is not friendly to the injured party. Often, insurance adjusters will attempt to lower the value of your claim by arguing over your medical bills. Additionally, they will claim Contributory Negligence, which can be a complete barrier to recovering anything for your injuries. Your Charlotte, NC personal injury lawyer can help change this result.

What A Lawyer For Your Car Accident Does

Your personal injury claim will take some time to complete. The timeline for a personal injury claim differs depending upon the specifics, but your lawyer will need to:

Start a personal injury claim

Start a Medical Payments claim

Gather medical records and medical bills

Propose a theory of liability

Negotiate a settlement amount

Negotiate your medical liens and billing

Properly disburse your personal injury proceeds

File a lawsuit if an agreement can’t be reached

In the event you can’t reach a settlement agreement, your personal injury lawyer will file a lawsuit and begin the process of Discovery. This entails taking depositions, making written requests for information from the other side, and preparing for trial.

Is A Personal Injury Attorney Worth It?

The good news is your personal injury lawyer for your car accident doesn’t get paid unless they reach a settlement or jury verdict for you. Our experience has shown us that even after your attorney fee, you will do better with a personal injury lawyer than without one. Additionally, your injury lawyer protects you by reviewing all paperwork prior to signing, and defends any claims against you by the other driver.

Are Personal Injury Consultations Free?

Yes, your personal injury consultation is free. These can be done over the phone or in person. At your personal injury consultation, you will gain a better understanding of the value of your case, and what the next steps are to getting your case settled. The consultation is free and answering questions is part of the job.

If you’d like to schedule a consultation, call 704.749.7747 or request a FREE CASE EVALUATION and we will reach out to you.

Contusions From Car Accidents

Our client’s medical records often reflect contusions from car accidents. Often, insurance adjusters seek to minimize the impact of contusions when it comes to settlement offers. Working with a personal injury lawyer will help to make sure you are treated fairly when you reach a personal injury settlement.

What Is A Contusion?

A contusion is a condition where a capillary or blood vessel is leaking into the surrounding area. While it can be painful and take time to heal, put more simply, a contusion is a medical term for a bruise.

Soft Tissue Contusions From Car Accidents

The most common type of contusion is a soft tissue contusion. Muscle contusions are bruised muscles or tendons. These can result from impact with your dashboard or steering wheel in a car accident. You will have some or all of the following symptoms:

Discoloration

Swelling

Stiffness

Soreness

While you should seek medical attention for your injuries, there is not much a physician can do to treat a contusion. They will recommend Rest, Ice, Compression and Elevation or “RICE”. They will also prescribe anti-inflammatory drugs to help reduce the pain and inflammation. Lastly, they may recommend a brace or wrap to keep the area in place while it heals.

Bone Contusions From Car Accidents

The second type of contusion is bone contusion. While the end result is similar to a soft tissue contusion, bone contusions are less common. They also take more time to heal. Whereas a muscle contusion may take a few days to a few weeks, a bone contusion can take a few months to heal.

How Do I Know If I Have A Broken Bone?

Quite often, doctors will take x-rays or an MRI to confirm that your condition is in fact a contusion and not a broken or fractured bone. This is simply a process of elimination. While an x-ray won’t show a bone bruise, it can help to eliminate a fracture as the culprit.

What Is A Contusion Worth In Personal Injury?

Your personal injury claim is made up of numerous elements. While a contusion alone is not a high-value personal injury, you deserve to be treated fairly by the insurance company for the at fault driver. A personal injury lawyer can help to build your case from many aspects—lost wages, pain and suffering, and special damages.

Contusions from car accidents help to tell the story of the accident. A contusion on your head or face shows you made contact with your vehicle upon impact. While the injury alone may not give rise to a large personal injury settlement, it helps to establish the violent nature of the car accident.

Speak With A Personal Injury Lawyer Today

If you’ve been in an accident and would like advice, we’re here to help. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION. We know you have choices. We hope you choose to Recover With Us.

When someone is involved in a pedestrian personal injury involving an automobile, the results are often heartbreaking. The Layton Law Firm began its reputation for representing pedestrians by successfully represented a 17-year-old boy who was seriously injured by a driver while crossing a busy Charlotte street at night. After fighting a denied claim and ultimately prevailing against the insurance company for the child and his family, we made it a priority to fight hard for injured pedestrians.

We currently represent numerous pedestrians in personal injury and wrongful death actions. We take each law firm client’s injuries seriously, but injuries to children and pedestrians are specifically important to us because of the extreme nature of the injuries and the age of the individuals involved. As a result, children and pedestrian injuries have become a passion of ours. Unfortunately, winning a pedestrian claim can be an uphill battle requiring persistence, creativity, and diligent pursuit of recovery.

Don’t Pedestrians Always Have The Right Of Way?

This is the question always asked when there is a pedestrian injury. As a Charlotte pedestrian personal injury lawyer, unfortunately, I find myself quite often answering “Not always”. While pedestrians often start with a presumption of the right of way, they can easily forfeit it by being too far outside a crosswalk, crossing the road at a non-designated spot, or being inebriated. In fact, there are some instances where a pedestrian actually must yield to the motorist.

How Do I Preserve The Pedestrian Right Of Way?

There are a few guidelines that will help preserve your right of way as a pedestrian. Always strive to:

  • Walk with the cross-walk signals
  • Stay inside specifically marked cross-walk pathways
  • If a sidewalk exists, use the sidewalk (and not the roadway)
  • Electric wheelchair users: follow the rules for pedestrians, NOT for vehicles

Do Drivers Have Responsibilities To Pedestrians In NC?

Yes, there are. Even in a situation where a pedestrian may have yielded the right of way, the operator of a motor vehicle must still exercise reasonable care to avoid colliding with a pedestrian in the roadway. The doctrine of Last Clear Chance can also be applied, and your Charlotte Pedestrian Personal Injury Lawyer will discuss it with you. Essentially, it says that even if a pedestrian has forfeited the right of way, if the operator of the vehicle has the last clear chance to avoid an accident, he or she must avoid the accident. This doctrine applies in other personal injury situations as well, such as automobile accidents between the operators of two vehicles.

How Can A Personal Injury Lawyer Help?

A Charlotte personal injury lawyer will help to make sure you are treated fairly. Insurance companies often deny pedestrian claims based on contributory negligence, or some other factor. An aggressive legal strategy can often overcome this denial and help achieve a fair result. It is our opinion that pedestrians make good plaintiffs.

When an insurance denial is met with a threat of a lawsuit, quite often we are able to reach a settlement before entering the courtroom. In most cases, an insurance company does not want to appear in court against a pedestrian, because it shows an unwillingness to settle the case or to be reasonable in accepting liability for the plaintiff’s injuries.

Pedestrian injuries also often lead to large medical bills. Your personal injury lawyer will not only work to secure a fair offer for you but can also negotiate some of your medical billing. The end result is you end up with more money in your pocket. The ability to negotiate these bills stems from the attorney’s understanding of N.C.G.S. 44-49 and 44-50, which is a limiting factor when it comes to liens resulting from medical treatment related to the injury.

You deserve to have someone fight for your rights. Insurance companies are focused on the bottom line. We focus on the client.

Speak With A Charlotte Pedestrian Lawyer Today

If you were a pedestrian, and were hit by the driver of an automobile or motorcycle, please call us at 704.749.7747. Or, if you’d like us to call you, just click HERE to request a call online. An attorney will be happy to discuss your rights and provide you guidance, at no charge. There’s no obligation to hire us but we hope you’ll choose to Recover With Us.

If you need a free copy of your accident report, we’re happy to obtain that for you as well– just click HERE to request one and simply let us know the date of your accident, the location, and your full name.

In A Car Accident While Pregnant

We have represented numerous clients who have been in a car accident while pregnant. Fortunately, in each case we have worked on, the child has been born healthy. If you would like to speak with us about how your claim is different when you’re in a car accident while pregnant, please call 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out shortly.

Is My Accident Worth More Because I’m Pregnant?

Generally, your accident isn’t worth more simply because you’re pregnant. However, there are a few factors which may contribute to your case being worth more. These factors tend to exist due to the pregnancy.

  • Inability to take pain medication—If you’re in a car accident while pregnant, generally you can’t take pain medication due to the pregnancy. This means that your pain and suffering isn’t reduced by the medicine you would otherwise be able to take. As a result, we always calculate additional pain and suffering in car accident claims where our client is pregnant.
  • Stress and anxiety—In addition to the reasonable amount of stress and anxiety individuals experience as a result of a car accident, an expecting mother is concerned for her unborn child. While stress and anxiety are hard to calculate or ‘monetize’ in a personal injury claim, if you seek treatment to help you cope with stress and anxiety after the accident, this will establish proof of your experience.
  • Treatment Options Limited– Your treatment options are limited when you’re pregnant. Not only are you limited in Pain Medicine During Pregnancy, but there are also procedures physicians can’t perform if you’re pregnant, and those could increase your healing time or pain and suffering.

Does My Unborn Child Have A Personal Injury Claim?

Generally, no. Your unborn child does not have a personal injury claim. However, if they are born with a defect as a result of the car accident, that could change and they would need legal representation. A guardian ad litem would be appointed for the child (typically a parent) and a claim could be brought before the court on behalf of the minor child, if a Minor Child Settlement is reached or if the case needs to go before a jury.

While your unborn child doesn’t have a claim, your claim value should be adjusted to reflect the fact you were in a car accident when you were pregnant. Your personal injury lawyer will be sure to include a section in your demand package devoted to acknowledging the unique nature of your claim due to the pregnancy.

Is There Any Special Medical Treatment I Need?

If you were in a car accident while pregnant, you should not only consult with your primary care physician and emergency physicians, but you should also see your obstetrician-gynecologist and of course they will be attentive to the fact you were in a car accident.

Speak With A Lawyer Today

You deserve to know your rights. Call us at 704.749.7747 today to discuss your car accident. Or, click for a FREE CASE EVALUATION and we’ll call you shortly. We know you have options. We hope you choose to Recover With Us.

What Is The Car Accident Lawyer Process Like?

The car accident lawyer process, or working with a car accident lawyer, should be a painless experience for the injured party. Though, what probably comes as the biggest surprise to clients who hire a personal injury lawyer is the amount of time it takes to settle a claim.

In order to be sure to get maximum value for your personal injury settlement, your personal injury lawyer must put together several different aspects of your claim. Ultimately, these will be compiled and make up your demand package. Your demand package is a combination of the law firm’s theory of liability against the insurance company, supported by claims of damages directly related to the accident.

The Intake Process

The first step in understanding your car accident or slip and fall claim comes from the intake process. Some intake is done during the FREE CASE EVALUATION or phone consultation. During this time, the lawyer begins to understand the basic facts surrounding your accident. This includes a review of the police report, a discussion with you, and potentially a discussion with any witnesses who may have seen the accident.

Establishing The Claim

Once the intake is completed, we will start a claim for bodily injury with the insurance company representing the at-fault party. This serves to stop communication from the insurance company to you directly. It also puts the insurance company on notice that they have a potential lawsuit against them for the acts of one of their drivers.

The typical response from the insurance company is that they are investigating the claim, and they request we send them our theory of liability together with all documentation of injuries.

Confirming You Injuries And Treatment

If you are still treating, we will stay in touch with you periodically to confirm your treatment status. Once you have completed your treatment, we quickly place orders for all medical records and medical treatment you received from all providers. These serve to prove your injuries and establish your medical billing associated with the claim. Some of your billing will constitute medical liens which need to be paid through your settlement per federal or state law.

Establishing Medicare, Medicaid and ERISA Liens

While a medical provider can claim a lien against your settlement proceeds, they must do it by taking affirmative action. Medicare, Medicaid and some health insurance companies (ERISA LIENS) automatically have a lien created in their favor, depending upon whether they treated you for injuries related to the accident. It is your personal injury lawyer’s job to identify these liens and to be sure to address them from your settlement proceeds. A failure to do so can be catastrophic for you, financially. Identifying the liens prior to reaching a settlement ensures that your settlement is high enough to pay the liens and adequately compensate you for your loss.

Establishing And Documenting Lost Wages

If you have lost wages from your accident, your attorney will have your employer sign a Lost Wages Affidavit in conjunction with your demand package. This affidavit will be submitted in support of being reimbursed for lost wages. Quite often, your personal injury lawyer will need to defend the hours you missed, provide proof of income prior to the accident, and show your employer is being honest about the hours you missed and your rate of pay. Your medical records must also support the lost wages affidavit with notes indicating your physician wrote you out for work for the days in question.

Negotiating The Claim To Settlement

Negotiating your claim to settlement is a lengthy process. Insurance companies are notorious for low offers. They make attempts to de-value the medical treatment you received, and argue balances of your medical bills, lost wages, and pain and suffering. They attack your personal injury lawyer’s theory of liability and claim Contributory Negligence as a way to offer a lower settlement amount. We are accustomed to these strategies and we will defend against them at every turn.

Negotiating Your Medical Bills

Once we have decided together that you have your top offer, we will ask for your authority to negotiate your medical bills. While not all medical billing providers will reduce their billing, this quite often results in the lowering of your medical billing just prior to settlement. This serves to do one thing—put more money in your pocket. By minimizing the amount of your settlement that must go toward satisfying medical bills, we increase the amount you receive.

Receiving Your Check

The last aspect of your car accident lawyer process is distributing funds. Once you’ve reached settlement and signed a release for the settlement amount, your check typically arrives a week later. Your car accident lawyer process requires your car accident lawyer to deposit the funds into their NC State Bar trust account, and one day later we can disburse the funds to you and your medical providers. We also get paid at this time. You will sign off on a balance sheet or settlement sheet showing you all incoming funds, together with all disbursements. This way you know where every penny of your settlement funds went.

Tax Free Nature Of Settlement Proceeds

Most personal injury settlement proceeds are tax free. Exceptions would be where the settlement is specifically allocated to lost wages. In your typical injury settlement, this is not the case. For Workers’ Compensation claims, you will typically need to pay taxes on all lost and future wages being paid from the claim.

Speak With A Charlotte Personal Injury Lawyer Today

If you have questions about what the car accident lawyer process if like, or if you have general questions about a personal injury, call us today. You can call 704.749.7747 or click for a FREE CASE EVALUATION and we will contact you today. When it comes to choosing a personal injury law firm, we know you have options. We hope you choose to Recover With Us.