Tag Archive for: car accident

Free Consultation Charlotte Personal Injury Lawyer

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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.

 

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Will My Personal Injury Case Go To Trial?

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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 a 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 that 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.

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In A Car Accident? Call Layton Law

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In A Car Accident? Call Layton Law

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

Call Us From The Scene Of The Accident

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

Early Mistakes Can Cost You Your Case

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

Turn It Over To Layton Law

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

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

Put Our Experienced Attorney and Staff To Work For You

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

Five Star Reviews Tell Our Clients’ Stories

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

Speak With A Personal Injury Lawyer Today

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

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Pregnancy Injuries From A Car Accident

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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 have 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 newborn failing to develop properly. This increases the risk for disability as a 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 a physical impact on 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.

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How Do I Find A Personal Injury Lawyer Near Me?

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How Do I Find A Personal Injury Lawyer Near Me?

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

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

Determining Whether You Have A Personal Injury Claim Or Case

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

Deciding On A Personal Injury Lawyer

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

Speak With A Personal Injury Lawyer Today

If you’re asking “How do I find a personal injury lawyer near me?” the answer is easy—you’ve found one. We can help you with your case and we would love to hear from you. If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

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Neck Pain From A Car Accident

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Neck Pain From A Car Accident

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

Treating Early Protects Your Rights

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

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

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

Paying For The Expense Of Treatment

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

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

Start By Choosing A Personal Injury Lawyer

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

Speak With A Personal Injury Lawyer Today

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

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What Does A Car Accident Lawyer Cost?

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What Does A Car Accident Lawyer Cost?

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

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

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

Why You Can Trust Your Personal Injury Lawyer

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

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

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

Speak With A Personal Injury Lawyer Today

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

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Airbag Burns And Other Injuries

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Airbag Burns And Other Injuries

While they may save your life, airbags can cause airbag burns and other severe injuries, when deployed. Car accidents can be life changing, we are here to help you through every step of the process. This includes discussing airbag injuries, what makes an airbag deploy (or why your airbags didn’t deploy), and how this will affect your case.

What Makes an Airbag Deploy?

Modern vehicles are fitted with crash and pressure senses to determine if a crash has occurred. When a collision occurs, and it is detected by the sensors, the corresponding airbags are triggered and released. Airbags are designed by the manufacturer to deploy as quickly as possible, in order to stop a sudden impact on the human body from occurring. Airbags are fitted into the sides of a car and positioned in front of the upper body and head of any passenger or driver. While they are meant to prevent harm, certain aspects of airbags are dangerous and can cause serious injury, hence the precautions taken so that they only deploy during a collision.

Three Common Injuries Caused by Airbags

Abrasions

Abrasions to the upper body are quite common in airbag Injuries. This includes abrasions to the head, chest, arms, and neck, often manifesting as airbag burns. The chemicals released upon airbag deployment consist of various high temperature gases. They create and release sodium hydroxide, a highly irritant substance to human skin. This substance, when mixed with  other chemicals, can cause serious skin injuries. Some of these injuries include: chemical and thermal burns, traumatic lesions, and irritant dermatitis. Non-skin injuries resulting from the release of these chemicals consist of possible ocular damage, bone fractures, and damage to the ear and ear area.

Conducive/Concussive Damage

The sudden release and immediate impact of the upper body on an airbag following a vehicular collision can cause serious contusions and possible concussive side effects. These contusions, or extreme bruising, can affect the face, neck, shoulders, arms, and chest and side area. These contusions can be extremely dangerous and painful, affecting a wide area very quickly, combined with possible seat belt damage, yielding similar results.

This sudden impact can also have concussive results. A concussion is a serious injury. Diagnosing a concussion can be difficult but by seeking medical attention immediately after the accident, you can identify the signs of a concussion and take measures to treat it.

Broken Bones and Scarring

There are fourteen bones in the human face. The direct impact of an airbag applies enough pressure to seriously damage or even break any bone with which it makes contact. Cartilage damage can leave permanent scarring in the nose and ears and lead to breathing problems and difficulties later in life. Your personal injury settlement should reflect a doctor’s opinion as to whether you will have permanent damage from airbag injuries, including scarring such as that detailed above. These injuries are not just temporary, they can prevent work and severely interfere with your day to day life.

Airbag Malfunction

In certain instances, airbags have been known to spontaneously deploy. This is a serious danger to every driver and passenger as it can cause damage to the driver from the airbag deployment, as well as cause a car wreck if the driver is unable to properly operate the vehicle with the airbag deployed. There have also been cases in which a collision occurs and the airbags malfunction, and fail to deploy. If you were in an accident and your airbags failed to deploy, and if that failure caused you injuries, you may be entitled to compensation from the manufacturer of the vehicle or airbags.

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.

 

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Hit And Run Accident Lawyer

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Hit And Run Accident Lawyer

If you were the victim of a hit-and-run accident, we’re here to fight for you. You may think the only option is to either put a claim in with your insurance company or pay for your damages yourself. In fact, after a hit and run accident, North Carolina drivers have the option of accessing the Uninsured Motorist Coverage on their own policy. An experienced hit and run accident lawyer will help prove your case to the insurance adjuster and obtain the best results for you in this difficult fact pattern.

Establishing Liability After A Hit And Run Accident

Insurance adjusters see a lot of insurance fraud. Every day, someone claims to have a slip and fall claim or claims to be the victim of a hit and run. Before an insurance company will pay for damages to your property or pay for your personal injury, you must prove their obligation to do so. In a hit-and-run scenario, the only proof you have is the damage to your vehicle. Even with that, you have the burden to prove to the insurance adjuster that another driver caused that damage and that the incident was the other driver’s fault. You may have a police report, but again, that report will only contain your statement to the officer that another vehicle hit you. It is not strong evidence.

The Layton Law Firm will examine your fact pattern, photographs of the damage to your vehicle, and other pertinent information to help establish fault. In some cases, there is footage of the incident available through a request with the Charlotte Mecklenburg Police Department. This requires a hearing to obtain the footage but it can often make all the difference in whether you recover anything for your injuries from the hit and run accident.

Accessing Underinsured Motorist Coverage

If your personal injury lawyer can establish that another party was responsible for your damages and injury, and fled the scene, the lawyer will be able to successfully trigger a claim under the uninsured motorist provision of your policy. A claim placed under this designation should not have any negative consequences upon your insurance rates and allows you access to the compensation you deserve for your injuries.

Fighting Your Own Insurance Company

For a time, while your underinsured motorist claim is active, you and your insurance company will be adversaries. For this reason, it’s extremely important to have a personal injury lawyer represent you. Most clients we speak with who have tried to make an underinsured motorist claim for a hit and run have been denied by their insurance company. We are usually able to reverse that decision.

Addressing Personal Injury Liens

Your personal injury attorney will also make sure that the medical providers who have liens against your injury settlement pursuant to N.C.G.S. 44-49 and 44-50 are addressed as part of the settlement. Individuals who settle their own claims without addressing these liens may find out after the fact that they owe most of the settlement to third parties—this entirely undoes the benefits of having negotiated your own settlement.

Speak With A Hit And Run Accident 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.

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

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

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

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

Medical Records Prior To The Accident

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

Treatment After The Accident

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

The Eggshell Plaintiff Theory

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

Before And After

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

Speak With A Personal Injury Lawyer Today

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

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