rear end collision demand letter

Rear End Collision Demand Letter

If you are in search of a rear end collision demand letter, you have either received one or you are preparing to write one. In either case, you should speak with a personal injury lawyer about your rights. It may be tempting to settle a car accident claim on your own; however, individuals routinely compromise their rights and settle for less than a fair amount when doing so. Call us at 704.749.7747 or click for a FREE CASE EVALUATION and you will receive a call from a lawyer today.

Rear End Collision Personal Injury Process

Were you in a rear end collision? If so, there is a process you personal injury attorney will go through before presenting your claim to the insurance company. First, you will complete intake paperwork. This is necessary to form a contract between you and your personal injury attorney. Second, your attorney will send a Letter of Representation to the insurance company representing the at-fault party. Lastly, your attorney will gather all of your medical records and medical billing associated with the injury. This insures you are addressing any Medical Liens associated with the personal injury claim.

Drafting Your Rear End Collision Demand Letter

Your injury attorney will confirm your treatment with you once all medical records and billing have arrived in the lawyer’s office. Together with a description of the facts, these become the cornerstone content for your demand letter. Essentially, your medical records and bills tell the story of your injury. As a result, your attorney will refer to those records and bills when building your case in the demand letter.

Additional Demand Letter Items

In addition to the records and billing, your rear end collision demand letter will contain any Special Damages you experienced as a result of the accident. Special damages often change what your personal injury settlement is worth.  These range from missing important life events to the inability to carry out life as you did prior to the accident. Lastly, your attorney will request lost wages from you. Often, your employer is required to sign off on a lost wages affidavit. Lastly, if you are self-employed, your attorney may request a few years of tax returns to demonstrate your lost wages.

Reviewing Your Rear End Collision Demand Letter

You will have a chance to review the rear end collision demand letter with your lawyer. It’s important that you carefully review the chronology of medical treatment. If you notice any billing is missing from the demand letter, you can notify your attorney as well. Your demand amount is often a function of your medical billing. As a result, discovering all billing prior to submitting the demand letter is crucial.

Remember, the review process is a chance for you to assist your attorney in telling the story of your claim. The demand letter should paint a complete picture for the insurance adjuster. It is an opportunity to demonstrate how your life has been affected by the accident. It is also a chance to remind the insurance adjuster there is a human being who was affected—it’s not just a ‘numbers game.’

Submitting The Demand Letter

Your attorney will submit your rear end collision demand letter. It’s important to remember that the letter will be submitted with bills and records. As a result, the total package submitted often contains in excess of 1,000 pages of material. The demand letter serves as the table of contents for that material.

The insurance adjuster should confirm receipt of the demand package to your personal injury attorney. After submitting the letter, it will most likely take 45-60 days for the adjuster to review the demand package. Your attorney will dutifully check with the adjuster for updates as time passes. Ultimately, the adjuster should make an offer to settle the claim.

Further Reading

You may want to read our post about how long your personal injury settlement will take. You can also see over 100 articles on our Personal Injury Blog page.

Speak With A Personal Injury Lawyer Today

If you were injured in a rear end car accident, you should speak with a lawyer today. Personal injury lawyers help protect your rights against aggressive insurance companies. Additionally, the call is free. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION and an attorney will call you today.

Bicycle Accidents

In North Carolina, bicycle accidents are treated much like vehicle accidents. In fact, bicycles are treated as vehicles for the purpose of interpreting the state law. See N.C.G.S. Ch. 20-4.01. Some special rules apply to bicyclists regarding equipment, of course. These include the requirement to wear a helmet and to affix a light to the bicycle if you’re cycling after dark. See N.C.G.S. Ch. 20-129e.

Generally speaking, bicyclists should ride in the right-hand lane and travel in the same direction as traffic. A few exceptions to this rule exist, including: preparing to make a left-hand turn, avoiding a dangerous obstacle, or passing another vehicle.

Bicycling Under The Influence

In North Carolina, for the purpose of impaired driving, a bicycle is not considered a vehicle. However, impaired operation of a bicycle can lead to a reckless driving fine if the cyclist operates the bicycle without regard for the safety and rights of others. See N.C.G.S. Ch. 20-4.01.

Bicycle Accidents And Injuries

The accidents sustained by those injured while riding a bicycle can be traumatic. Additionally, in Charlotte, North Carolina, the combination of congested streets and high speeds endanger bicyclists every day. Lastly, the most common types of bicycle accidents reported to our office are:

  • Motor vehicle operator takes a right turn into an adjacent bicyclist on the right-hand side
  • Motor vehicle operator rear-ends a bicyclist preparing to make a left-hand turn
  • Motor vehicle operator fails to yield enough space to an adjacent bicyclist and causes injury

Bicyclist Rights

Bicyclists have the same rights as other motorists. This also means that bicyclists can compromise their rights by failing to abide by the law. For instance, a bicyclist must signal that they are taking a turn. Second, they must stop at stop signs and red lights. Third, they must yield to traffic in the same manner as required by the operator of a motor vehicle. Finally, if a failure to do any of those things leads to an accident, the theory of Contributory Negligence may preclude a bicyclist from recovery in a personal injury lawsuit.

Hit And Run Accidents With Bicyclists

Unfortunately, accidents involving a bicyclist and a motor vehicle are sometimes hit and run accidents. This may be due to the driver’s knowledge that the cyclist has little or no chance to catch them. Additionally, there are times when a motor vehicle has run a cyclist off the road and caused an injury, but is unaware of having done so. Regardless, any motor vehicle operator who is aware of a crash related to a bicycle or bicyclist must stop at the crash scene until law enforcement arrives.

Hire A Personal Injury Lawyer

If you’ve been injured while operating a bicycle, you should speak with a personal injury lawyer. Insurance companies often deny pedestrian and cyclist claims on the basis of Contributory Negligence. There are affirmative defenses to such denials and your personal injury lawyer can help you recover in these situations. You deserve to understand your rights. Call us today at 704.749.7747 or request a FREE CONSULTATION online today.

bankruptcy expertise

Bankruptcy “Expertise” And The Layton Law Firm

We are happy to have been chosen by Expertise.com as one of the top 25 Bankruptcy Lawyers or Bankruptcy Law Firms in Charlotte for 2019. Their listing of bankruptcy attorneys in the top 25 can be found HERE. This is our second year on their list!

Yesterday, we also received a call from a bankruptcy attorney in Baton Rouge, LA wanting to know the details of our successful case regarding Bank of America bonuses for a Chapter 7 bankruptcy client. It’s always a compliment to be asked to discuss a case or a particular situation. We know, because often we are seeking advice from other attorneys for similar aspects of a case they handled. The bankruptcy community in Charlotte and throughout the country is very helpful to one another in that way. We are proud to be part of it.

Lastly, we are also proud of the Client Reviews our clients have chosen to leave for us. It’s a sign we’re not only doing good work. It’s also a sign we’re making clients feel good about their choice to use The Layton Law Firm, PLLC.

Considering Filing Bankruptcy?

If you’re considering filing bankruptcy, you deserve to find out more about your options. First, one conversation with a bankruptcy attorney will help you decide. Second, by finding out more about your options, you may discover there’s another way to address your debt concerns outside of filing bankruptcy. An example would be Debt Settlement.  Lastly, the peace of mind that comes with taking action is not to be overlooked.

Protecting Clients Is What We Do

Whether we are working on a personal injury settlement or a bankruptcy, our job is to protect our clients. As a result, we have very close relationships with our bankruptcy clients. Those relationships are necessary to make sure we are disclosing full and accurate information to the  court. Full disclosure is required, in exchange for the powerful relief of bankruptcy.

If a creditor challenges your bankruptcy filing, we will be there to defend you. If a trustee objects to any aspect of your filing, we will be there to defend you. Our negotiation skills and ongoing relationship with the bankruptcy court combine to help you get the best results possible.

Speak With A Charlotte Bankruptcy Attorney Today

If you are considering filing bankruptcy, you should speak with someone. A phone call or in-person meeting is often the best avenue for gaining real clarity about your options. Consequently, we conduct phone consultations every day. If you’d like to request a consultation, simply click for a FREE CASE EVALUATION. You can also call 704.749.7747 to speak with a Charlotte bankruptcy lawyer today. The consultation is always free and we’re here to help.

can creditors take your property

Can Creditors Take Your Property?

The short answer is yes, creditors can take your property. However, they have to go to great length to do so. Below, we ask a few questions, and then provide some answers. Call us if you have questions—we’re here to help! 704.749.7747.

Is There A Valid Debt?

The first question when deciding the answer to the question “Can creditors can take your property?” is whether there is a valid debt. In most cases, the answer is yes. As a result, the creditor is entitled to be re-paid, per the contract you signed with them.

Do They Need A Judgment?

Except for the repossession of motor vehicles, in most cases the creditor will need a judgment in place in order to take your property. A judgment is not that difficult to obtain. As a result, most creditors are successful in procuring a judgment. One thing to keep in mind is that a judgment requires a lawsuit. If you have not been served a lawsuit, this means there is no judgment. Once a creditor files a lawsuit, you have a chance to defend against it. However, if the debt is valid there is no reason to spend time and energy fighting the judgment. One thing you might consider is responding to the Complaint (lawsuit) with an Answer, and ask for a hearing. At the hearing, you can ask the judge for an extension of time to consider filing bankruptcy or pay the creditor. This will buy you 30-90 days before a judgment is entered.

The Creditor Has A Judgment—What’s Next?

After a creditor receives a judgment against you, their next step is to try to enforce that judgment. First, the creditor must send you a Notice of Right to Claim Exemptions. It’s very important you complete this form. As a result of completing this form, you will disclose your assets and also invoke the protection of your State Exemptions. These exemptions protect you in Chapter 7, Chapter 13, and in a situation where a creditor is trying to take your property.

Second, the creditor will need to obtain a writ of execution. This is a court order from the Sheriff to take possession of property. Consequently, you may now be facing the loss of property. Communicating with the Sheriff’s office about your writ of execution is a very good idea. The Sheriff will understand if you tell them you are requesting some time to file bankruptcy—they may even tell you they will give you 30 days before executing on the writ of execution.

Lastly, the Sheriff will carry out the writ of execution to seize property to be turned over to the creditor in satisfaction of the debt. Or, the Sheriff will order the sale of property to liquidate it in order to pay the creditor.

Foreclosure Is Slightly Different

All of the above is true for foreclosure, except the process differs slightly. A mortgage creditor does not need a judgment against you to file foreclosure. They must simply show in court that you are behind on mortgage payments. You will receive notice of a preliminary foreclosure hearing. You should attend this hearing and ask for an extension to file bankruptcy or get caught up on your mortgage payments. Ultimately, if you don’t get caught up, the court will set a foreclosure date. You have until 10 days after the foreclosure sale date to file a Chapter 13 to save your house.

How Can You Stop A Creditor From Taking Your Property?

Bankruptcy is the most secure way to stop a creditor from taking your property. The filing of a bankruptcy invokes The Automatic Stay in bankruptcy. This prevents creditors from attempting to collect a debt in any manner. If necessary to save an asset, you can file an emergency bankruptcy petition with the court, and our firm can help with this.

What If The Creditor Is Threatening To Take My Car?

This video about Vehicle Repossession by attorney Ian Lyngklip gives great instruction on how to protect your car from a lender who is aggressively attempting to take it. Again, the filing of a bankruptcy will stop this process altogether and we’re here to help.

Speak With An Attorney Today

If you have questions about “Can creditors take your property?” please call us at 704.749.7747. Filing bankruptcy will dramatically change your life for the better—we’ve seen it over and over with our clients. You can also click for a FREE CASE EVALUATION and we will reach out to you today. We know you have choices. We hope you choose to Recover With Us.

Hit by a car while running

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 pro-active steps to insure 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

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  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, you 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.

Charlotte Accident Attorney

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 injuryhttps://thelaytonlawfirm.com/negotiate-insurance-company/ 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.

File bankruptcy

Need A Raise? File Bankruptcy

Financial stress is a common form of anxiety and worry. In a recent CNBC article, it was reported that 30% of Americans say they are constantly stressed out about money. The stress is due not only to existing bills and debt, but also to the threat of unexpected expenses. If money is already tight, even the thought of a small unexpected expense can cause a great deal of anxiety.

Free Yourself From Financial Stress

There are two primary ways we can free ourselves from financial stress. First, we can make more money. While increasing your income is not an option for everyone, it does solve the financial problem for some Americans. So long as your expenses don’t increase with your income, you should be able to better manage your debt. For most of us, the idea of increased income is a good one, but the reality is we don’t have the option to do it or we would have done it long ago.

The second way to free yourself from financial stress is to reduce debt and expenses. If you’re like most clients we work with, you’ve already reduced your monthly expenses, and you now realize it’s the debt that is causing most of the stress. This is where filing a Chapter 7 or Chapter 13 bankruptcy can change everything.

Filing Bankruptcy Is Like Getting A Raise

It’s time to put the myths of bankruptcy aside and start focusing on the benefits of bankruptcy. Consider this: if you have $500 a month in debt payments you are making, your bankruptcy will eliminate those payments provided they are related to credit card debt, medical bills, or other unsecured debt. You were spending $500 of your post-tax money a month on those bills. Assuming you’re taxed at roughly 27%, that is roughly $700 a month in pay. When you calculate it annually, it comes to $8,400. Under this scenario, by filing bankruptcy, you effectively give yourself a $8,400 raise. For most Americans, a raise like that is a game changer. Add to that the fact that the debt is gone, and you realize financial relief is a few simple steps away.

But Isn’t Filing Bankruptcy Stressful?

No, filing bankruptcy is not stressful. We know our clients sometimes have an emotional response to the idea of filing bankruptcy. Once we’ve had an initial consultation and decided to make a decision that benefits us and our families, the idea of filing bankruptcy shows itself as a solution.  When we have a solution to our problems, we experience peace and joy—the opposite of stress and anxiety.

How Do I Get Started?

Getting started is so very easy. You simply make a phone call and discuss your options. The call will take about 20 minutes. After, you’ll be provided with a login and password where you can enter some specific information to help us determine if you qualify for Chapter 7. Most clients do, and those who do not can qualify for Chapter 13 in most cases. Either way, the debt goes away and peace is restored to your life.

Speak With A Bankruptcy Lawyer Today

Call us at 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out to you. We know financial stress is tough. There is a solution, and we are proud to be part of it. We hope you choose to Recover With Us.