It amazes me how often I enter a Charlotte restaurant bathroom to find there is water on the bathroom floor. It is usually easy to tell if the wet floor has just been mopped, or if the water on the bathroom floor is from the sink or a spill. Either way, the wet bathroom floor presents a particularly dangerous condition. Most restaurant bathroom floors are made of slick tile, and when someone slips and falls, there’s nothing soft to break their landing.
If you’ve been injured by slipping on a wet floor in a restaurant, you may be wondering whether you have a personal injury claim against the restaurant. It’s not always an easy answer, but if you review the four prong test for dangerous conditions on business premises, you can get a sense as to whether you may have a claim.
Was There A Duty?
In order for the business or restaurant to be liable to you in any way, you must first establish that they had a duty of care. If you are a business invitee on a property, the answer is generally yes, the establishment has a duty to keep the premises free of dangerous conditions, including wet bathroom floors. An example where a business may not have a duty would be if you were trespassing on the property late at night when the business was closed, and you were injured as a result.
Was There A Breach Of Duty?
Not only must you establish that a duty existed, but you must also establish that the duty was breached. This means the business, its agents or employees, failed to meet the standard of care the law holds them to, regarding the condition of the property. If the premises are to be kept reasonably free of hazards, and if there is water on the bathroom floor (a hazard), then you would have a strong argument the duty to you has been breached.
Was There Notice Of The Hazard?
It is not enough that there is a duty and that the duty was breached. In a negligence case involving the example of water on a bathroom floor, you must show the entity in control of the property had notice of the hazard. This notice can be actual notice, or constructive notice. An example of constructive notice would treat the party as if they knew, simply because they should have known. If a banana peel drops on the floor and five seconds later you slip on it, chances are the party controlling the premises didn’t have actual or constructive notice. If you trip instead on a dark brown banana peel, suggesting the peel has been on the floor for quite some time, you could argue the store knew or should have known about the existence of the dangerous condition.
Were There Damages As A Direct Result?
Hopefully this question makes sense. Even if there is a duty, and even if that duty is breached, if you don’t have damages you don’t have a claim or case. The reason is that you have not experienced a loss. A personal injury claim is made to seek compensation for a loss. That loss can be physical (a broken arm, a concussion), and it can also be less tangible, as is the case with anxiety. Typically, you can recover for all damages which stem directly from the injury sustained.
Speak With A Personal Injury Lawyer Today
If you want to know if you have a personal injury claim or case, give us a call. We will listen to your story, ask a few questions, and help you understand your options. We can be reached by requesting a call HERE, or by calling us at 704.749.7747. We hope you choose to Recover With Us.
Commercial Vehicle Accidents And Personal Injury
Auto Accident, Personal InjuryIf you’re involved in a car accident with a commercial vehicle, chances are you have a serious injury. The increased size and weight of commercial vehicles make car accidents more severe than most car accidents occurring between two privately owned vehicles.
Serious Injuries Deserve Serious Legal Attention
If you have serious injuries from a commercial vehicle accident, it makes it even more important that you obtain competent legal representation by hiring a personal injury lawyer. Not only do you have more to lose when your injuries are more severe, but you’ll probably also be dealing with a sophisticated legal team representing the commercial vehicle—having your own representation could make the difference between a horrible legal result and a fair legal result.
The Value Of Your Commercial Vehicle Accident
As a personal injury lawyer in Charlotte, North Carolina, I’m exposed every day to stories about commercial vehicle accidents. I also pride myself on providing advice to individuals who are trying to wade through the waters of settling a personal injury claim. My biggest fear is that someone will feel pressured by an insurance company to accept significantly less than what I believe they deserve, in a situation where they’ve been in a commercial vehicle accident.
While the value of every claim or case differs, the serious nature of commercial vehicle accidents lend themselves to higher medical bills and medical liens, long-term damages, and pain and suffering often not associated with a more minor car accident. Your personal injury lawyer will guard you against being taken advantage of by the other driver’s insurance adjuster or lawyer.
Paying Your Personal Injury Lawyer
We know most clients don’t have money to come out of pocket to hire a personal injury lawyer to pursue their claim. As a result, our firm almost always works on a contingency fee basis, which means that “We don’t get paid if you don’t get paid.” Not only does this arrangement help to minimize any financial risk on your part, but it also means your lawyer will be honest with you at all costs—there’s no sense in a lawyer convincing you that you have a great case, if the lawyer is only going to get paid if they win it for you. This results in good communication and expectations between the personal injury lawyer and the client, and keeps trust high between the two.
Schedule A Phone Consultation Today
If you’ve been in a commercial vehicle accident, or have any other type of personal injury claim, please feel free to request a phone call HERE, or call us at 704.749.7747 and we’ll discuss your case today. There’s no pressure to hire our firm—we’re here to answer questions and help you make a decision about what to do next. If you do decide to hire a personal injury lawyer, we hope you’ll choose to Recover With Us.
Charlotte Crash Report — Auto Accidents
Auto Accident, Personal InjuryWhen you’re in a car accident in Charlotte, NC, you’ll most likely be given a Crash Report Exchange Slip by the attending officer. This form is meant to provide basic information about the car accident, as well as information about the drivers and vehicles involved in the car accident.
The Crash Report Exchange Slip is not what we think of as the police report for the accident. The Crash Report Exchange Slip has information on how to obtain a copy of your police report from www.cpmd.org. Once at the website, you’ll need to enter the accident number given at the top right of the Crash Report Exchange Slip, at which time you’ll be given an opportunity to purchase your full police report for five dollars.
Free Police Report
If you’d like to have us analyze your police report for you, you can skip purchasing the report on your own and let us do it for you. While on the phone, we can obtain the report and review it with you. We will also email you a copy after the phone call. Typically, the police report will have information about both drivers and their vehicles, as well as a summary from the police officer about the facts surrounding the accident. If there were witnesses who volunteered their contact information, that information will also be contained in the police report.
Understanding Your Rights In A Personal Injury Matter
Interpreting the police report will help you determine whether you are likely to recover from the other driver’s insurance company, and often provide enough information for your personal injury lawyer to start a claim on your behalf for property damage and for personal injury. This is true whether you are in a major accident or even a fender bender or minor accident. It’s also true whether you were injured as a driver or as a passenger in the accident. The police report will also help to provide information indicating whether Contributory Negligence will be an issue in recovery.
Working With A Personal Injury Lawyer
If you were injured in a car accident, we would be happy to discuss your rights with you. Our firm is happy to discuss our interpretation of the police report, listen to your story, and let you know whether we believe the other driver will be responsible for your property damage and your personal injury. A phone consultation is free and it’s important to take action quickly if you want to preserve your rights after a car accident. If you’d like to speak with a personal injury lawyer today, click HERE to request a call. Or, you can call us at 704.749.7747. We devote our practice to helping people recover after a personal injury. We hope you’ll choose to Recover With Us.
Paying For Your Charlotte Bankruptcy
BankruptcyI speak with clients every day who want to file a Chapter 7 bankruptcy in Charlotte, NC but don’t have the money in hand to pay an attorney. That’s one of the challenges of paying for your Charlotte bankruptcy—if you need to file bankruptcy, you’re short on cash to begin with.
We try to be sensitive to the financial needs of clients. After all, our goal is to help clients recover financially. One solution we offer is to make payments toward your bankruptcy over time. Typically, this involves making a deposit at the beginning of the representation, and then paying toward the balance as we approach filing your Chapter 7 or Chapter 13 bankruptcy.
Paying for your Charlotte bankruptcy shouldn’t stop you from pursuing bankruptcy. Whether it is our firm or another bankruptcy lawyer in Charlotte, NC, you will be able to work out a payment plan. Here are a few ways in which you can fund a bankruptcy:
Gifts From Family Members
Your family members or friends are allowed to help you pay for your bankruptcy. While you may hesitate to ask for the help, consider it’s different than asking for money as you may have done in the past. This time, you’re taking a step to permanently solve the problem.
Tax Refunds
You can use your tax refund to pay for your bankruptcy. Your tax refund is an asset, and you’re allowed to use your assets to pay for your bankruptcy. The tax refund represents a good opportunity to file bankruptcy because it’s so hard to get a lump sum of money together with bill collectors demanding money every time you turn around. Use your tax refund to permanently better your financial life by putting it toward your Charlotte bankruptcy.
Installment Plans
If it’s overwhelming to consider paying the lump sum for a bankruptcy, speak with a Charlotte bankruptcy lawyer today about making installment payments. One rule in Chapter 7 is that the entire fee needs to be paid prior to the lawyer filing your case; otherwise, you and your lawyer are free to agree upon an installment agreement. It’s quite a common approach and it works well for both the client and the law firm.
Get Help Today
Whether you have money to put toward a Chapter 7 or not, please call us to discuss your situation. We love being able to provide guidance and give you peace of mind that there are brighter times ahead. You can request a consultation HERE or call 704.749.7747 to speak with a Charlotte bankruptcy lawyer today. We hope you’ll choose to Recover With Us.
Average Auto Accident Settlement In Charlotte
Personal InjuryThe average auto accident settlement in Charlotte, NC depends on many factors. In considering the value of your auto accident claim, the insurance adjuster and your personal injury lawyer will negotiate property damage, medical billing, medical liens, Medicare and Medicaid liens, lost wages, and pain and suffering. Additionally, if there are any “Special damages” you personal injury lawyer will make the case for those.
Medical Bills In Personal Injury
Medical bills in personal injury differ from normal medical bills. In essence, your medical billing is a function of the value of your claim. Your personal injury lawyer will collect and submit all medical billing to the insurance adjuster in charge of the claim. Additionally, your personal injury lawyer will negotiate your medical bills if your settlement is not high enough to pay for the medical bills.
Medicare and Medicaid In Personal Injury
If you are a Medicare or Medicaid recipient, there may be a Medicare or Medicaid lien against your settlement proceeds. This is unique to personal injury and your lawyer will obtain the lien amount from Medicare or Medicaid, and include it in the total billing submitted to the adjuster with your demand package.
Health Insurance Liens In Personal Injury
Another factor in the average auto accident settlement in Charlotte, NC is whether there is a health insurance lien against settlement proceeds. Typically, you make your monthly payments and health insurance pays for your treatment; however, in a personal injury scenario, if there is a settlement then the health insurance company may be entitled to some portion of the proceeds of the settlement.
Lost Wages In Personal Injury
Your lost wages need to be verified by your employer. Your personal injury lawyer will have your employer sign off on a lost wages affidavit and present it to the insurance adjuster. Depending upon the injury and the medical records accompanying the lost wages affidavit, the average auto accident settlement in Charlotte, NC can change dramatically if there are lost wages.
Special Damages In Personal Injury
There are some instances where a personal injury accident in Charlotte, NC leads to missed family events like a graduation or a family trip. In these cases, your personal injury lawyer will provide documentation that the auto accident or slip and fall was the direct result of the missed event, and value it appropriately when calculating your damages with the insurance adjuster. This is true even for minor accidents or fender benders.
Speak With A Charlotte Personal Injury Lawyer
While personal injury lawyers do get paid a portion of your settlement, our experience has been that our clients do better with a personal injury lawyer than without one. If you’d like to speak with a lawyer today, please request a call HERE, or call us at 704.749.7747. We hope you’ll choose to Recover With Us.
Charlotte Auto Accident Lawyer
Auto Accident, Personal InjuryWe know the last thing you want to need is a Charlotte auto accident lawyer. However, we can’t always control what life throws our way. If you were in an auto accident in or near Charlotte, NC, we recommend you call a personal injury lawyer before you do something which might hurt your case. Any Charlotte auto accident lawyer should be willing to speak with you about your situation and give you an honest answer as to whether they can help or not.
Free Personal Injury Consultation
You’ve heard it over and over, but the phone consultation is free. And there’s no question you can ask that isn’t worthy of an answer. Even if you just need help understanding something an insurance company sent you to sign, we’re here to help. Keep in mind that our job is to protect your interests as an injured party, so the advice we provide will be tailored toward that goal.
Our office hears from potential clients every day by telephone, email and internet requests. Not every consultation results in representation, but we try to be sure each consultation provides the injured individual with more knowledge than they had before they reached out to us. If you do choose to hire us, our promise is to get the best result possible for you and keep you updated along the way.
Working With A Charlotte Auto Accident Lawyer
This blog contains a few posts with information related to working with a Charlotte auto accident lawyer, and the reason for that is we want to set an expectation from the very beginning that we are here to serve you and take the stress of dealing with an injury claim off of you. Working with an auto accident lawyer shouldn’t be frustrating. You deserve to be updated regularly about the progress on your claim or case, and we promise to do that throughout the representation.
Settling An Auto Accident Claim
Having a Charlotte auto accident lawyer represent you in settling an auto accident claim can make a crucial difference vs. going it alone. The auto accident lawyer not only gathers all billing and medical liens associated with the claim, but also provides the insurance adjuster with the medical records required to establish your injury and the value of your injury. Without the experienced guidance of an auto accident lawyer to guide the way, it’s easy to fall victim to strategies and tactics used by insurance companies to give you the least amount possible in order to settle your claim.
Negotiating Medical Bills
One aspect of maximizing your settlement involves negotiating your medical bills. Much like negotiating with an insurance adjuster, negotiating with hospitals and doctors to lower your bills is not an enjoyable exercise. Our office has working relationships with medical facilities all throughout the area, and we have experience negotiating your bills down based upon your settlement amount. This means less of your settlement goes to doctors, and more of it goes to you.
Speak With A Charlotte Auto Accident Lawyer Today
Don’t wait. The call is free and we’re happy to provide the guidance you deserve. There’s no obligation to hire us and answering phone calls is part of the job of any Charlotte auto accident lawyer. You can reach us at 704.749.7747 or request a call HERE. We hope you’ll choose to Recover With Us.
Tips For A Passenger In A Car Accident
Personal InjuryIf you are a passenger in a car accident, there’s a helpless feeling that comes along with it—you had nothing to do with whether there was an accident or not. You weren’t driving the vehicle you were in, and certainly you weren’t driving the other vehicle. Truthfully though, passengers in a car accident often experience the worst injuries. Here are some tips for moving forward if you’ve been injured.
Insist On A Police Report
Even if both drivers are interested in moving on, for one reason or another, you should strongly encourage calling a police officer to the scene. The officer will establish a record of the accident including the date and time, all individuals present, and quite often leave notes in the report as to who the officer believes was at fault. Additionally, having an officer on hand helps to insure that the parties provide accurate information as to how to contact each individual and what motor vehicle insurance they may have.
Seek Medical Treatment
The biggest mistake injured passengers make is not seeking medical treatment. Sometimes it’s because the passenger doesn’t think they are hurt, as is the case with a minor accident or “fender bender”. Other times, it’s because the passenger doesn’t have health insurance or money to pay the out-of-pocket or deductible that comes with health insurance. In the personal injury legal world, however, seeking health treatment very quickly is key to preserving your ability to be compensated for your injury.
Insurance adjusters view a delay in treatment as a sign that either a) your injury wasn’t legitimate, or b) your injury happened after the car accident and before you sought treatment. In other words, it’s not the insurance company’s responsibility.
Hire A Personal Injury Lawyer
When you’re a passenger in a car accident, there are multiple insurance policies which may come into play when settling your personal injury claim. First, a determination must be made as to who is the at-fault driver. Whether it’s the other vehicle or the vehicle you were traveling in, a personal injury lawyer will establish a claim on your behalf and set forth the facts, supported by law, which establish fault.
If your injury is severe and you exhaust the insurance policy limits on the at-fault driver’s policy, you can pursue the insurance policy limits on the other vehicle. The minimum insurance policy limits for a motor vehicle are $30,000 per bodily injury or $60,000 total bodily injury for all persons in the accident. § 20-279.21. “Motor vehicle liability policy” defined.
For injuries and medical bills which justify a larger recovery, your personal injury lawyer will pursue additional policies via underinsured or uninsured motorist coverage. This is a function of motor vehicle law.
Start With A Consultation
It’s important to understand your rights and recover damages that you’re entitled to as a result of someone else’s negligent behavior. We are happy to discuss your case with you and provide guidance. There’s no charge for the consultation, and it can be done in person or over the phone. If you’d like to speak with a personal injury lawyer today, call 704.749.7747 and we will help you move forward. Or, you can click HERE to request a phone call at a time of your choosing. We hope you’ll choose to Recover With Us.
Passenger In A Car Accident
Auto Accident, Personal InjuryIf you are a passenger in a car accident in Charlotte, North Carolina, you are in a unique position. Essentially, the accident wasn’t your fault. This eliminates the question of liability, which plaintiffs’ attorneys struggle with each and every day. This means contributory negligence will not be a factor for you. The added layer of complexity that comes with being a passenger in a car accident relates to dealing with insurance companies, and a personal injury attorney can assist with this.
Passenger Injuries
The injuries a passenger in a car accident sustains can often be worse than those of the driver of either vehicle. This is because of the build of the vehicles, the drivers’ natural reaction to turn ‘away’ from the approaching vehicle, and the lack of back seat shoulder harnesses in older vehicles. Injured passengers of course face the challenge of medical treatment, lost wages, loss of enjoyment of life, and every other down-side to being injured in a car accident.
Insurance Negotiations
Hiring a Charlotte personal injury lawyer to assist with your recovery is a wise decision if you’re a passenger in a car accident. The lawyer will sort through the liability issue and determine which driver was at fault, and begin a claim on your behalf with the appropriate insurance company. Additionally, North Carolina has under-insured motorist coverage provisions which may mean you can recover from more than one insurance policy. This can often double the amount of funds available, to help you recover from your injury.
Find Out More
If you’d like to speak with a personal injury attorney about your rights as a passenger in a car accident, please give us a call at 704.749.7747. You’ll speak to an attorney today. You can also contact us online HERE, and we will call or email you to discuss your case. We hope you choose to Recover With Us.
Charlotte Personal Injury Lawyer Reviews
Personal InjuryPrior to hiring a Charlotte personal injury lawyer, you should do some homework, including reading Charlotte personal injury lawyer reviews. While there may be a personal injury review which is unreliable, generally speaking, the reviews clients leave about personal injury lawyers give you insight into what it’s like to work with that particular lawyer. If you’d like to hear what our clients have to say, click HERE.
Here are a few items to look for when reading Charlotte personal injury lawyer reviews:
If you’ve been injured in a car accident, slip and fall, or workplace injury, we would love to speak with you. Whether you’re looking to hire a lawyer today, or just have questions about the process, we are here to help. We hope you’ll choose to Recover With Us.
If you’d like a personal injury lawyer to call you today (or another day this week) just click HERE and let us know. You can always reach us directly at 704.749.7747.
Happy (and safe) Halloween!
Personal InjuryHalloween is a great time to be a kid. The thrill of running house to house for free candy is tough to beat. During trick or treating, you’ll see exhausted parents who would have given up hours ago if their kids would only let them. But alas, the battle wages on into the late evening until porch lights are turned off, and jack-o-lanterns blow out; it’s the national symbol for “It’s over. Go home now, kids.”
As an adult, and as a personal injury lawyer, you see the world a bit differently than children do. As a result, you think of Halloween a bit differently. Every child’s dash out into the street is a potentially life threatening moment. Candy needs to be examined before being consumed. And of course the truly scary stories of Halloweens past fill the news. If you’re an adult, you’re just hoping to survive Halloween. Here are a few tips to for you and your family to make it through the holiday safely.
Stay Visible: Costumes are meant to be scary, but a little bit of reflective material or a light of some sort makes your child visible to vehicles navigating busy streets during trick or treat hours. Wal-Mart, Target and other stores all sell clip-on blinking red lights (check the bike section) which will do the trick.
Stay Together: Kids tend to trick or treat as a group, but they run from house to house like a bunch of goblins on the loose. Remind kids to travel together as a group between houses. They are more likely to be seen by drivers, and you’re less likely to lose a little one in the mayhem. Just the peace of mind that comes with a full head count will make the evening easier on you as an adult.
Stay Sober: The temptation to carry along a little treat for daddy or mommy by way of the bottle is strong on a stressful night. Be responsible and remember you’re in charge of children who are terrorizing the neighborhood streets high on sugar and adrenaline.
Drive SLOWLY: If you have to drive a car on Halloween, the burden is on you to drive with extra caution. If you’re in a neighborhood at dusk, you should expect kids to jump out in front of you at random, crossing the street in search of the next mini Snickers bar. Even if it’s chilly, drive with your window down or cracked, so you’ll hear kids coming.
Charlotte Pedestrian accidents increase dramatically around Halloween, for obvious reasons. It’s a busy night with lots of foot traffic. Give kids a break and use extra caution when you’re on the road.
We hope you and your kids have a Happy Halloween!
Water On The Bathroom Floor
Personal Injury, Slip & Fall InjuryIt amazes me how often I enter a Charlotte restaurant bathroom to find there is water on the bathroom floor. It is usually easy to tell if the wet floor has just been mopped, or if the water on the bathroom floor is from the sink or a spill. Either way, the wet bathroom floor presents a particularly dangerous condition. Most restaurant bathroom floors are made of slick tile, and when someone slips and falls, there’s nothing soft to break their landing.
If you’ve been injured by slipping on a wet floor in a restaurant, you may be wondering whether you have a personal injury claim against the restaurant. It’s not always an easy answer, but if you review the four prong test for dangerous conditions on business premises, you can get a sense as to whether you may have a claim.
Was There A Duty?
In order for the business or restaurant to be liable to you in any way, you must first establish that they had a duty of care. If you are a business invitee on a property, the answer is generally yes, the establishment has a duty to keep the premises free of dangerous conditions, including wet bathroom floors. An example where a business may not have a duty would be if you were trespassing on the property late at night when the business was closed, and you were injured as a result.
Was There A Breach Of Duty?
Not only must you establish that a duty existed, but you must also establish that the duty was breached. This means the business, its agents or employees, failed to meet the standard of care the law holds them to, regarding the condition of the property. If the premises are to be kept reasonably free of hazards, and if there is water on the bathroom floor (a hazard), then you would have a strong argument the duty to you has been breached.
Was There Notice Of The Hazard?
It is not enough that there is a duty and that the duty was breached. In a negligence case involving the example of water on a bathroom floor, you must show the entity in control of the property had notice of the hazard. This notice can be actual notice, or constructive notice. An example of constructive notice would treat the party as if they knew, simply because they should have known. If a banana peel drops on the floor and five seconds later you slip on it, chances are the party controlling the premises didn’t have actual or constructive notice. If you trip instead on a dark brown banana peel, suggesting the peel has been on the floor for quite some time, you could argue the store knew or should have known about the existence of the dangerous condition.
Were There Damages As A Direct Result?
Hopefully this question makes sense. Even if there is a duty, and even if that duty is breached, if you don’t have damages you don’t have a claim or case. The reason is that you have not experienced a loss. A personal injury claim is made to seek compensation for a loss. That loss can be physical (a broken arm, a concussion), and it can also be less tangible, as is the case with anxiety. Typically, you can recover for all damages which stem directly from the injury sustained.
Speak With A Personal Injury Lawyer Today
If you want to know if you have a personal injury claim or case, give us a call. We will listen to your story, ask a few questions, and help you understand your options. We can be reached by requesting a call HERE, or by calling us at 704.749.7747. We hope you choose to Recover With Us.