Tag Archive for: minors and children

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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Estimated Personal Injury Settlements

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Estimated Personal Injury Settlements

Personal injury attorneys learn very quickly the pitfalls of discussing estimated personal injury settlements with their clients. The value of your personal injury claim is dependent upon numerous factors. As a result, two cases with the exact same injuries may have very different results in terms of a personal injury settlement. Below are some common factors which affect your personal injury settlement.

The Facts – As you might imagine, depending upon the facts, two cases with the same injuries may have dramatically different results in terms of what they may settle for, or what a jury awards. For example, an individual who is rear-ended in a car accident and suffers a concussion has a different case than an individual who has a grocery store slip and fall and suffers a concussion. Strong facts which clearly establish liability or fault will boost the value of your personal injury claim. Weaker facts, for instance where each driver claims the accident was not their fault, may lead to complications unless evidence can be obtained firmly establishing the fault of the other driver. If your claim involves wrongful death, pedestrians, or passengers, the outcome will differ as well.

Contributory Negligence – You can’t discuss estimated personal injury settlements in North Carolina without discussing Contributory Negligence. We’ve written extensively about Contributory Negligence in our blog because it affects many North Carolina personal injury claims. Generally speaking, Contributory Negligence is an affirmative defense. It is a rule in North Carolina which says that if a jury determines the plaintiff is 1% or more at fault, the jury is instructed to give the plaintiff nothing. This is an outdated rule and one your personal injury attorney must wrestle with in order to prove your case. While most claims do not go to court, insurance adjusters commonly introduce Contributory Negligence into the settlement conversation, to remind the plaintiff that there is a very serious risk in litigating a personal injury claim in North Carolina if it’s possible the jury determines the plaintiff was even 1% at fault.

Pre-Existing Injuries – While you are entitled to be compensated for your injuries, you will find the insurance company for the at-fault party will diligently research whether you had a pre-existing condition before this accident. Even a note in your prior medical records indicating a simple complaint regarding back pain will be used to demonstrate you had existing back pain prior to this accident. The two sides will end up arguing over the extent to which this accident worsened the back pain, and assign a value to that.

Rule 414 – Rule 414 is a rule of evidence that personal injury plaintiff’s attorneys are familiar with. The rule says that the only evidence of medical billing which can be introduced into evidence in court, is medical billing that has actually been paid, and medical billing which is still owed or outstanding. In short, if you have $100,000 of medical treatment, and Medicaid pays $5,000 to the hospital unless there is a remaining balance, your attorney will only be able to enter $5,000 into evidence at trial as medical billing. Because juries use medical billing dollar totals to help them calculate what they believe is a fair settlement, you can see how this tends to under-emphasize the extent of your injuries at trial. Your lawyer will also need to determine whether you have any Medical Liens as a result of your claim and negotiate them as part of the settlement. Once again, two clients who have the same exact injuries but different insurance coverage may see very different jury results in their personal injury verdicts.

Standard of Care – Generally, a claim of negligence requires you to show that a standard of care was owed to you by another person and was not fulfilled. This is called a Breach of Duty, in the personal injury world. In many slip and fall claims, obstacles arise in proving that the standard of care was breached. For instance, you may be able to prove that there was water on the floor of the grocery store and that you slipped in that water. However, if the store can prove that another customer spilled that water on the floor three minutes before you slipped in it, they will prevail on their argument that the store did not breach its duty to you—there wasn’t enough time for the store to discover and fix the dangerous condition. While there is no set rule for the amount of time a hazard must exist, slip and fall cases routinely turn on who created the hazard (another shopper or an employee), whether the store knew or should have known about the hazard, and how much time passed since the hazard was created.

Pain and Suffering – Pain and suffering is essentially what you endure as a direct result of the accident. When reviewing your settlement, the amount attributable to pain and suffering is anything above and beyond payment for medical bills and lost wages. Your lawyer will submit a demand package as part of the personal injury settlement process. That demand package will outline your pain and suffering and you will have a chance to review it prior to its submission.

Lost Wages – Lost wages are part of your claim. They will need to be verified by your employer. Your attorney will provide you with a form for your employer to complete, indicating your rate of pay, dates missed, and total lost wages. If you are self-employed, you will need to provide copies of tax returns from prior years and other evidence that your lawyer will use to construct a lost wages claim for submission.

The Reputation Of The Personal Injury Lawyer – If your personal injury attorney has a reputation of following through on claims, thoroughly investigating claims, and negotiating claims in good faith, we believe that you are able to maximize your settlement offer in your personal injury claim. If your attorney has a reputation of threatening to file a lawsuit but never follows through on that threat, you can imagine the insurance company may not take that lawyer’s claims as seriously as they will a claim from another law firm. One way to check the reputation of your lawyer is to look at their Google Reviews. We are proud of our history with clients and thankful that they choose to leave reviews about their experience.

Hiring a personal injury attorney is key in successfully negotiating your claim. The attorney is not simply arguing over dollars and cents; instead, the attorney is building your case using all of the above factors. By persuading the insurance adjuster that the lawyer will succeed with their case, you are more likely to maximize the settlement offer from the insurance company. Estimating personal injury settlements prior to having all the facts, medical records, and billing in hand is a bad idea for both you and your personal injury attorney. This process will require some patience, but hopefully, your patience will pay off with a fair settlement or jury verdict.

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 about estimated personal injury settlements 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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Layton Law Protects Pedestrians – Free Yard Signs

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Layton Law Protects Pedestrians

As part of our 2019 campaign to protect pedestrians, we are giving away our “Layton Law Protects Pedestrians – SLOW DOWN” yard signs. In our personal injury practice, we are surrounded by injured individuals. When the injury is a pedestrian injury, the injuries are quite dramatic. If a pedestrian is hit by a motor vehicle there is of course a significant chance they may never recover. These are heartbreaking cases, especially when the pedestrian is a Minor. As a parent of young children, I am fearful every day that a careless driver will injure my children or other children in our neighborhood.

Prevention Is The Goal

According to www.watchformenc.org, roughly 3,000 pedestrians and 850 bicyclists are hit each year in NC. When a pedestrian is injured, we are there to help protect their rights. However, a much better solution would be to play a role in preventing pedestrian injuries in Charlotte. Our yard signs have that goal in mind. We’ve seen numerous yard signs in the past encouraging drivers to Drive Like Your Kids Live Here. We love those signs! However, some careless drivers remain undeterred. Our signs are meant to remind them there are serious consequences awaiting drivers who hit pedestrians. Our hope is that we are able to get the attention of more drivers by delivering this slightly different message.

The Yard Signs Are Free

We are making these yard signs free to anyone who would like one. The more of these signs we are able to get into view throughout the city, the better. If you or any of your neighbors would like a Layton Law Protects Pedestrians yard sign, simply click HERE to send us a request. Just tell us you’d like a sign and we will arrange to have one at the office for you for pickup.

How Can You Help?

First, by simply placing the sign in your yard, we believe you’re raising driver awareness. Second, if you like the law firm’s pedestrian safety campaign and want to encourage more efforts, simply leave us a Google Review letting us know. Lastly, share this post on social media within Charlotte so others will know the signs are available. Sometimes the encouragement from others in the community helps to keep the momentum rolling.

Call Us With Questions Or Ideas

Lastly, if you have questions about the yard signs or the pedestrian campaign, please call us. If you have ideas you would like to share regarding other ways in which we can become involved in pedestrian safety, please reach out with those ideas. You can call us at 704.749.7747 or click HERE to submit ideas and questions.

Further Reading

If you would like to read more articles on our website, check out our Personal Injury Blog or our Bankruptcy Blog.

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Child Personal Injury Settlements In North Carolina

Child Personal Injury Settlements In North Carolina

If a child is injured in a car accident or slip and fall in North Carolina, they are commonly entitled to the same rights as adults. One major difference in the outcome of a personal injury claim for a child or minor is the distribution of funds to the child.

Child Settlements Without Court Approval

In small child personal injury settlements, often the settlement can be reached without court approval. Truthfully, this is a question of risk tolerance for both the insurance company and the personal injury law firm. The fear is that if a child settlement is reached without court approval, the child may later claim they were not treated fairly by the settlement. In most cases, insurance companies feel they bear most of this risk. As such, the insurance company will typically decide whether they are comfortable settling without court approval. A settlement of $5,000.00 or more by the insurance companies we work with regularly, typically requires court approval.

In child settlements without court approval, the funds are delivered to a parent or guardian, with the assumption the parent or guardian will use the funds in the best interest of the child. While this saves time and cost as compared to a child personal injury settlement requiring court approval, it is not always possible when the settlement amount is higher.

Child Personal Injury Settlements With Court Approval

In those cases where the insurance company requires it, or the attorney feels it is advisable, a settlement can be reached by the parties and then be submitted for court approval. In doing so, the personal injury lawyer appoints a Guardian Ad Litem to represent the child in court. Typically, this is one of the parents. A lawsuit is then filed in the name of the Guardian Ad Litem, for the benefit of the child. The primary purpose of the lawsuit is to gain access to the court system so that the settlement can be stamped as approved by the court.

If the parties are agreeable, the personal injury attorney will submit medical bills and records, together with all fees. The parties will communicate to the judge that they are in agreement. The judge will review the records and approve the settlement as proposed or recommend changes.

Disbursement Of Funds In Child Settlements

The court will generally hold the proceeds from a child personal injury settlement, to be later distributed to the child upon reaching the age of majority (18 years old). While there is a small fee for the court to do so, the interest on the money usually covers that fee. If funds need to be disbursed from the settlement to cover ongoing medical costs, a provision for doing so may be built into the court-approved settlement.

Further Reading

Do I Have A Personal Injury Claim

Child Injury Lawyer In Charlotte, NC

Speak With A Personal Injury Lawyer Today

If your child was injured in an accident and you’d like to speak with a lawyer, we’re here to help. We advise clients every day about their rights in personal injury matters. We’re happy to hear your story and help you understand your options. You can call us at 704.749.7747 or click for a FREE CONSULTATION and we’ll call you shortly. We know you have choices. We hope you choose to Recover With Us.

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