Tag Archive for: charlotte personal injury lawyer

Tow Truck Near Me Now

If you’re looking for a “Tow truck near me now,” we have a few links to reputable tow truck companies in the Charlotte, NC area in this article. Chances are, you may also need a personal injury lawyer. If you’ve been in a car accident and you’re still on the scene, here are a few tips:

  • Take Photographs – First, take photographs of the damage to the vehicle that hit you. Once they are gone, so is your chance to capture their damage. Second, take photographs of the damage to your vehicle. The photos of both vehicles will help to prove that the other party was at fault. Lastly, take photos of the area. If possible, walk about 50 feet away from the accident (in a safe area) and photograph the area where the accident happened. This helps provide perspective for your personal injury lawyer or insurance adjuster.
  • Request A Police Report—You should call the police, and when they arrive on the scene, make sure to tell them you would like a police report created. You won’t be given a police report on the spot, but you should be provided with a driver exchange form. Your police report will arrive about 5 days later in the mail. Once a police report is generated, we will be happy to provide it to you free of charge– just call us. Or, you can get one HERE.
  • Double-Check The Facts With The Officer—Officers are human beings. They get things wrong. Make sure you clearly tell the officer what happened. Then, have the officer repeat it back to you. Listen for any facts which might invite someone to decide the accident was your fault or both drivers’ fault. Correct the officer if they get the story wrong.
  • Seek Medical Attention Quickly—First, it’s important for you to make sure you’re OK. The adrenaline from the accident may convince you you’re not injured. Or, perhaps you’re trying to ‘tough it out.’ This is no time for that. Second, make sure to tell the ambulance driver and/or ER doctor that you were in a vehicle accident. This will be entered into the medical record and establish the purpose of your visit.
  • Continue Your Medical Treatment—You should continue your medical treatment for several reasons. First, you’re following a doctor’s orders, in an attempt to get healthy again. Second, any interruption in your medical treatment will be used against you if you file a personal injury claim later. Lastly, any gaps in medical treatment may be used to demonstrate that you were not injured, or did not need the treatment you received after the gap.
  • Speak With A Personal Injury Lawyer—Whether you hire a lawyer on the spot or not, it’s a great idea to call a personal injury lawyer to get advice. You can reach us at 704.749.7747 and select the option for a new client—your call will be received by a lawyer and you’ll get help right away.

Tow Truck Companies In Charlotte

Rather than google “Tow truck near me now” and end up with a random company, here are a few we recommend. If you need a tow truck company in Charlotte, these may be helpful. We see their names on police reports every day in our office, and we know they are reliable:

Hunter Wrecker 704.375.9357

Dellinger Auto and Wrecker 704.588.3875

Independence Towing  980.277.3070

Speak With An Attorney Today

If you’ve been in a car accident, you deserve to know your rights. Call us at 704.749.7747 or click for a free case evaluation and we will reach out today. We know you have choices. We hope you choose to Recover With Us.

Hit By A Car While Running – What To Do Next

If you are hit by a car while running, the injuries can be tragic. There is no more vulnerable individual on the road than the pedestrian. Often, runners are moving fast enough that turning cars don’t see them coming. This makes getting hit by a car while running a very real danger.

Take These Steps After Being Hit

  1. If you’ve been hit by a car while running, certainly your health is most important. Calling for medical attention should be your first step.
  2. Second, document the accident. This means taking pictures of the area where you were hit, and the vehicle that hit you. Additionally, take photos of the license plate of the car that hit you.
  3. Third, if you are not being rushed to the hospital by ambulance, be sure to call the police. This will generate a police report which is an official record of the accident.
  4. Lastly, take down the names and phone numbers of any witnesses who saw the accident and were kind enough to stop. They may be the key to your personal injury case down the road.

Statistically Speaking

Each year, the numbers keep getting worse for pedestrians. According to the most recent statistics from the National Highway Traffic Administration:

                “Unfortunately, pedestrians were one of the few groups of road users to experience an increase in fatalities in the United States in 2016, totaling 5,987 deaths.”

https://www.nhtsa.gov/road-safety/pedestrian-safety

That is a fatality every two hours, which is terribly frightening. Comparatively, 840 bicyclists were killed in the same year. A previous blog article on this site has advice regarding bicycling in Charlotte, North Carolina.

Preventing Pedestrian Accidents

In order to prevent being hit by a car while running or walking, you have to become a defensive pedestrian. This means taking proactive steps to ensure your own safety. Consequently, you need to always be on the lookout for the actions of drivers, and make yourself easily detectable as a pedestrian. Here are a few ways to accomplish that:

  1. Wear brightly colored clothing or a safety vest.
  2. Follow the rules of the road so that motorists are more likely to spot you.
  3. Run during daylight hours.
  4. Pick routes that include greenways and neighborhood streets whenever possible.

Speak With An Attorney Today

If you were hit by a car while running, we’re here to help. Our firm aggressively defends the rights of pedestrians including runners, bicyclists, and others sharing the road with motorists. Attorney Chris Layton spent years commuting to work by bicycle in Charlotte, and runs almost every day—as a result, he’s passionate about helping individuals who have been injured on the road. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out to you the same day. We know you have choices. We hope you choose to Recover With Us.

Do I Pay A Deductible If I’m Not At Fault?

If you’re in a car accident in North Carolina, you may have to pay a deductible, even if the accident is not your fault. The primary reason for this is that the other driver’s insurance company will want time to investigate the claim, and you simply want to get your car fixed. Therefore, the quickest option for you is to put in a claim through your insurance company to have the car repaired without waiting. As a result, you pay the deductible associated with your policy.

Getting Reimbursed For Your Deductible

While you may pay a deductible if you’re not at fault, there’s a chance you will be reimbursed. After your insurance company repairs your vehicle and you pay your deductible, you can expect your insurance company to pursue reimbursement. Your insurance company will be reimbursed by the at-fault driver’s insurance. Lastly, your insurance company should reimburse your deductible to you when they get paid. It is noteworthy that if you wait until the at-fault driver’s insurance completes their investigation, you could be without a vehicle for several weeks. As a result, most drivers choose to move forward with a claim against their own insurance.

Why Does The Claim Need To Be Investigated?

We recently wrote an article about why an insurance company is investigating your claim. First, the insurance company has a duty to their driver to make sure you were not at fault. Second, in North Carolina, Contributory Negligence can prevent recovery.  This means the insurance company is investigating whether you contributed to the accident. Lastly, the insurance company takes a statement from their driver regarding what happened. If the police report is inconclusive, and if each driver tells a different story, you may be in for a fight. It’s a good time to consider hiring a North Carolina personal injury lawyer.

Is My Personal Injury Claim Handled By My Car Insurance Company?

No. Your personal injury claim is a claim against the other driver. Therefore, their insurance company will be pursued by your injury attorney, if you choose to hire one. Consequently, you can expect an investigation much like the one mentioned above. As a result, the other driver’s insurance company may want to take your statement. We highly recommend against giving a statement to the insurance company. First, everything you say will be recorded (and used against you). Second, the insurance company will not share their driver’s statement regarding the accident, so why should you give a statement? Lastly, if a lawsuit is filed, both drivers will give testimony by way of a deposition. Until then, negotiations can move forward without statements being given. Additionally, if you’ve been in a slip and fall or a grocery store slip and fall, it’s even more important not to give a statement.

Do I Have To Pay My Personal Injury Lawyer?

Our firm is like most personal injury law firms. We work on your case for free. If we are unable to get a settlement for you, you owe us nothing. Likewise, if we do reach a settlement, you owe us a fee. Our standard fee is one-third (33%) of your settlement or jury verdict. If you’d like to discuss working with a personal injury lawyer, please call us at 704.749.7747. You can also simply click for a FREE CASE EVALUATION and you will speak with a lawyer today. You can also read more at the car insurance claims FAQ by dmv.org.

Talk To An Accident Attorney In Charlotte

If you’ve been in a car accident, you should speak with an accident attorney in Charlotte. While getting medical attention is the most important step to take after an accident, protecting your rights is a close second. Consultations with an accident attorney are free, and you deserve to understand how to protect yourself if the car accident was not your fault.

Consultations Are Free

Consultations can be done on the phone or in person, and they are free. When you speak with an accident attorney in Charlotte, you’ll be asked about the facts leading up to the accident, your injuries, and what evidence you have regarding the car accident. Typically, your police report or driver exchange form is enough for your Charlotte accident attorney to get started working on your case.

You Deserve A Responsive Law Firm

Your car accident claim will require several steps to be taken by you and your lawyer. This means you’ll work closely with your accident attorney to establish a claim, gather medical bills and liens, and medical records, and negotiate your personal injury claim. While some claims settle, others require the filing of a lawsuit. All of this means that you’ll need a lawyer and a law firm that responds to email and phone calls in a timely manner. The only thing more frustrating than being in a car accident is not being able to get in touch with your car accident attorney.

Your Accident Attorney Provides Guidance

Not only does your accident attorney work on your claim, but your attorney is also there to answer questions and help you understand the process (How long will my personal injury settlement take?) For instance, establishing and understanding the value of your claim is a combination of many factors (What is my personal injury claim worth?). Your accident attorney will help you to sort through the elements of the claim. Together, you will decide how to value the claim. This means you will be given a voice in the process.

Speak With A Charlotte Accident Attorney Today

In a car accident? Call Layton Law today. You deserve to speak with a lawyer about your case. You can reach us at 704.749.7747. Or, you can click for a FREE CASE EVALUATION and we will give you a call today. We know you have choices. We hope you choose to Recover With Us.

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.

Why Is The Insurance Company Investigating My Claim?

If you’ve had a recent car accident and are trying to get your property damage addressed, you may be feeling some frustration. We talk to clients every day who tell us that while the car accident was not their fault—and the police report clearly shows that—the insurance company is delaying repairing their car. The reason given is that “the insurance company is investigating my claim.” If the insurance company is investigating your claim and it’s interrupting your life, we’re here to help.

Are They Allowed To Investigate My Claim?

If the police report clearly shows the accident is not your fault, and if the other driver does not dispute fault, it would seem that the insurance company has no need to be investigating your claim. That being said, they are entitled to a reasonable amount of time to investigate the claim. We will always argue over what is a reasonable amount of time. In instances where the other driver is lying about the accident, you may face a tougher battle. Usually, from your perspective, it feels like the insurance company is simply delaying doing a necessary repair.

What Can I Do While The Insurance Company Is Investigating My Claim?

Your main concern is getting your vehicle in operating mode again, or getting a repair done. While the insurance company investigates your claim, you have no way to get to work or pick up kids from school activities. Typically, the answer to this is to start a property damage claim with your insurance company. This might feel counter-intuitive because the accident wasn’t your fault. First, you’re correct in feeling this way. Second, you’re right to be skeptical of an insurance company that claims to need more time to investigate an obvious claim. Lastly, your insurance company has seen this countless times and they will step in to help.

Usually, your insurance company will provide you with a rental vehicle, repair your vehicle, or both. You may even have to pay your deductible. In the end, however, your insurance company will seek reimbursement from the at-fault driver’s insurance company. This means that in the end, the other driver’s insurance company pays for the property damage. You should fight hard to not have to pay a deductible, though, this varies from one insurance company to the next.

Should I Get A Personal Injury Lawyer?

Typically, a personal injury lawyer or personal injury law firm will be more interested in your personal injury claim. Each accident claim contains both a property damage claim and a personal injury claim. We always tell clients that we don’t want to charge them for the property damage claim, so we don’t. Instead, when a client hires us to handle their personal injury claim, we offer guidance on how to proceed with getting blue book value for your car or getting the repair properly done. We are happy to make a phone call or write a letter to the insurance company if they are not performing on the property damage end for the client.

Further Reading

If you’d like to read more articles like this one, please visit the rest of our Personal Injury Blog on this site.

Help! The Insurance Company Is Investigating My Claim!

If an insurance company is investigating your claim and you’d like to speak with a lawyer, we’re here to help. You can call us at 704.749.7747, or click for a FREE CASE EVALUATION and we’ll reach out to you. You’ll speak with a lawyer today, and you’ll understand your rights by the end of the phone call or meeting. We know you have choices, and we hope you choose to Recover With Us.

When To Hire A Personal Injury Lawyer

The best time to hire a personal injury lawyer is before you start communicating with the insurance company that represents the other driver. Fortunately, hiring a personal injury lawyer shouldn’t cost you anything upfront—the lawyer doesn’t get paid until you get paid. As a result, you can get legal protection immediately. The knowledge and expertise of an experienced personal injury lawyer can help you with the following, which may help you decide when to hire a personal injury lawyer:

Preserving Your Rights

Establishing Fault Of The Other Driver

Arguing Pain And Suffering

Gathering All Medical Records, Bills, and Liens

Negotiating Your Lost Wages

Discovering Insurance Coverage

Settling Your Claim For A Fair Amount

How To Hire A Personal Injury Lawyer

Hiring a personal injury attorney is easy. You simply pick up the phone and call. Personal injury law firms are usually available to hear about your case, and you should be able to speak with an attorney. Once the attorney gathers enough information to understand the situation, they will generally tell you on the first phone call, if they are interested in taking your case.

While there will be some paperwork that has to be completed in person, if we decide to take your case we will send you a link you can use to complete most of the intake necessary for us to start working on your claim. We will then either mail you the remainder to sign, or you can come by the office to sign the remaining paperwork.

Protect Your Rights In Personal Injury

When determining when to hire a personal injury lawyer, some clients do so after making numerous statements to the insurance adjuster assigned to the claim or case. These statements are usually recorded and can be used against you later. Recorded statements are used to show you have made contradictory claims regarding the facts, or to establish admissions on your part. When you hire a personal injury lawyer, you will be given a fairly strict set of rules to follow regarding communicating with the parties involved in the claim. Generally, the lawyer prefers you do not communicate directly with anyone other than the personal injury lawyer’s office.

The personal injury lawyer you hire will work hard to establish liability in your case. This usually means establishing the elements of a Negligence claim, so that you can recover damages in a settlement or lawsuit. Each case or claim has a theory of liability. Take your lawyer’s advice not to speak with the insurance company about your claim, and let your personal injury lawyer work to build the case for you.

Further Reading

What Is The Personal Injury Process Like?

How Much Is My Car Accident Worth?

Hire A Personal Injury Lawyer Today

If you’ve been in an accident, call us. You can reach us at 704.749.7747. Or, click for a FREE CASE EVALUATION and we will reach out shortly to discuss your case with you. You deserve to know your rights, and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

If you’re considering settling your personal injury claim without a lawyer… don’t. It’s important for you to understand the risks associated with settlement and why hiring a personal injury lawyer is a critical step in getting your medical bills paid and receiving a fair value for your injury. Quite often a potential client will reach out to our office to inquire about whether they should accept an offer made by an insurance adjuster; our answer depends upon a few factors, and yours will too. Our strong advice is to hire a personal injury attorney to help you settle your claim. We have found the end result is better for you and you get the legal protection you need and deserve. If you’d like to speak with an attorney today, call 704.749.7747 or click for a FREE CASE EVALUATION and we’ll reach out today.

Completing Treatment Is Key

If you haven’t completed your treatment, you’re not aware of your total damages. The reason for this is that your damages are a combination of your medical costs associated with treatment, and the injury itself. Until your doctor or team of physicians releases you from care, it’s impossible to be certain of the full extent of your injuries. Insurance adjusters will be happy to settle your claim before treatment is finished. That way, your injuries, and medical bills are no longer their responsibility. If you settle your personal injury claim without a lawyer and you receive bills after settlement, the insurance company won’t pay them. The same is true for understanding the value of your claim– if you settle before treatment is finished, you’ll be settling for a lower value in almost every case. When settling your personal injury claim without a lawyer, you run the risk of accepting less than you deserve. Remember, you can’t go back to the insurance company for more money once you settle and release them.

Understanding Health Insurance Liens

The insurance company may claim that they will handle all of your medical bills. Keep in mind that in North Carolina, your medical providers—including your health insurance company—may have a lien against your settlement proceeds. When settling a personal injury claim without a lawyer, you run the risk of your insurance company refusing to cover future treatment until your lien is paid. Lastly, if the health insurance lien is not paid from settlement proceeds, the health insurance company has rights that may extend as far as placing a lien against your home or other valuables you own. In this FindLaw.com article, the over-reaching arm of health insurance companies is discussed:

“Your health insurance company often has a right to take part of your auto accident settlement, depending on what you agreed to in your health insurance policy. Often, your health insurance company is entitled to recover everything it paid for your medical care, which is called subrogation. The theory behind subrogation is that a person should not have his medical bills paid twice-once by his health insurer, and a second time in the form of a settlement or judgment for damages in an accident liability case. So, rather than having your medical bills paid by the insurance company and getting the equivalent sum to keep from the settlement, you would have to pay the amount you received for your medical expenses in the settlement to your health insurance company.”

Your Charlotte personal injury lawyer will ensure that your liens are valid, negotiated, and paid as part of orchestrating your settlement. This result ensures you avoid the pitfalls you will encounter when settling your personal injury claim without a lawyer.

Reaching A Fair Settlement

Fairness is subjective. Our experience has been that our clients do better with a personal injury lawyer than when settling their personal injury claim without a lawyer. One reason is economics. Once you involve a personal injury lawyer with your claim, you have leverage against the insurance company. Instead of asking themselves how much it will cost to make you go away, they instead have to face the prospect of spending thousands of dollars in court against you and your lawyer. In the end, your lawyer fee will most often not outweigh the increase in settlement offer you receive by hiring a personal injury lawyer.

Peace of Mind

Consider a scenario where the insurance company offers you $2,000.00 in your pocket after paying all medical bills and you settle your personal injury claim without a lawyer. Now consider the same scenario where you hire a Charlotte personal injury lawyer to represent you. Suppose the lawyer is able to obtain a $6,000.00 settlement, with the net result being the same—you end up with $2,000.00 in your pocket. The numbers are the same but there’s a difference. With the personal injury lawyer’s involvement, you get peace of mind. You can be sure that:

  • All medical bills/liens are paid unless otherwise agreed upon;
  • You didn’t accept a low offer only to be left wondering if you could have done better;
  • Your health insurance provider will not withhold treatment or come after your assets for repayment;
  • A licensed professional has done all of the work instead of you managing your own claim while trying to move on with your life;

Call A Charlotte Personal Injury Lawyer Today

We’re here to help. Call 704.749.7747 to speak with an attorney today, or click here to request a FREE CASE EVALUATION today. We know you have options. We hope you choose to Recover With Us.


This video helps passengers in a car accident determine who to sue for their injuries. The Layton Law Firm PLLC routinely represents passengers and helps them wade through the insurance policies involved in the possible settlement or lawsuit for their injuries. If you have been in a car accident, we are here to help.

If you are a passenger in a car accident, you sue the at-fault party or at-fault parties. This will require a review of the police report, which a personal injury attorney can assist you with. You may be able to sue both the driver of your vehicle and the other driver, depending upon the facts of the car accident, as well as how much insurance each party has.

If you’re a passenger in a car accident, and if you suffer injuries, you most likely have a right to a personal injury passenger claim. Your personal injury lawyer will work to establish liability with an insurance carrier for either your driver or another driver. Once liability is established, your personal injury lawyer will negotiate the claim based upon your injuries, medical treatment and billing, lost wages, and pain and suffering. Our firm routinely files personal injury passenger claims and we hope this article is helpful.

Am I Responsible As A Passenger?

Generally, unless they contributed in some way to the accident, passengers are not responsible for the accident. An exception would be where the passenger contributed to the accident in some manner. North Carolina has a rule of law known as Contributory Negligence. Under Contributory Negligence, if you were deemed to contribute to the accident by as little as 1%, a jury would be instructed to award you nothing for your personal injury passenger claim.

Below, are some examples of Contributory Negligence of passengers in a personal injury passenger claim:

  • Voluntarily riding with a driver you know or should know is impaired. An example would be getting into a vehicle with a friend whom you had been drinking alcohol with at a bar.
  • Awareness that your driver is violating the law or has a history of doing so. An example would be that you are aware your driver has been cited for reckless driving numerous times, and you choose to ride in their vehicle. However, you will not be made responsible to warn an otherwise reasonable driver who is driving above the speed limit.
  • Continuing as a passenger in a vehicle with a reckless driver after being given a chance to exit the vehicle. An example would be a driver is driving recklessly and at an excessive speed. The driver stops for gas. At that time you have an opportunity to exit the vehicle. If you remain a passenger in the vehicle and the driver later injures you, Contributory Negligence may bar your recovery. Bell v. Maxwell, 246 NC 257, SE 2nd 33 (1957).

Which Driver Is Responsible For A Passenger’s Injuries?

Whichever driver is the at-fault driver will be held responsible for the injuries to a passenger in a car accident. Additionally, if you exhaust the at-fault driver’s insurance policy proceeds, you may recover under your own auto insurance policy. Your under-insured motorist coverage will serve as a potential source of additional funds in this scenario.

Personal Injury Passenger Claims In Multiple Car Accidents

If you are a passenger in a multiple car accident or a “pile-up” accident, you may recover from multiple drivers. For example, suppose your vehicle rear-ends the vehicle in front of you. Then, the vehicle behind you rear-ends the vehicle in which you are traveling. Most likely, your injuries from the accident will be a result of both the first and the second collision. Your personal injury lawyer will negotiate with the insurance companies for both your driver and the driver who hit you. Your driver is responsible for a failure to maintain a safe stopping distance from the vehicle ahead. The driver behind you is responsible for the same, as in most rear-end auto accidents. Typically, the two insurance companies will agree upon a percentage of your injuries for which each insurance company is responsible. Your personal injury lawyer will negotiate a settlement with each insurance company, or file suit in the alternative.

Speak With A Charlotte Personal Injury Lawyer

If you have a personal injury passenger claim, speak with a Charlotte personal injury lawyer today. You can call us at 704.749.7747 or click HERE to request a call. You will speak directly with a personal injury lawyer. Part of our job is helping you understand your rights. We know you have choices, and we hope you choose to Recover With Us. Want to see what our clients have to say? Click HERE.