Chiropractor After Car Accident

If you speak with a Charlotte personal injury lawyer about your personal injury claim, one topic that comes up frequently is health insurance. There are a few roles health insurance plays in your personal injury claim. This article explains a few of them. If you have any further questions, pick up the phone and call us—we’re here to help.

ERISA LIENS

This Applies If: you have medical bills which are paid by or through an employee benefit plan which is provided by your employer, or by a health insurance policy.

The Result: The health insurance company or employee benefit plan that paid for treatment related to your personal injury claim is entitled to seek reimbursement out of the personal injury recovery, if you settle the case or get a jury verdict.

Can It Be Negotiated: Typically, yes. The insurance company will of course want to know the settlement amount, and the negotiation will be based in part off of that as a starting number.

MEDICARE LIENS

This Applies If: you’re a Medicare recipient and Medicare paid for any treatment related to your personal injury claim.

The Result: Your personal injury lawyer must obtain a Conditional Payment Letter from Medicare detailing the treatment provided and the amount Medicare seeks as a lien.

Can It Be Negotiated: The attorney can attempt to negotiate Medicare liens in a personal injury claim but Medicare only agrees in extreme hardship cases.

MEDICAID LIENS

This Applies If: You are a Medicaid recipient and Medicaid paid for health services rendered for injuries related to the accident.

The Result: Your personal injury lawyer must obtain a Conditional Payment Letter from Medicaid detailing the treatment provided and the amount claimed as lien against personal injury claim proceeds.

Can It Be Negotiated: Generally not negotiated, but as compared to Medicare, Medicaid is only entitled to a pro-rata share of settlement proceeds. Your personal injury lawyer can tell you more about this percentage and how it works for practical purposes.

SPEAK WITH AN ATTORNEY

While there are some simple personal injury claims which can be resolved without an attorney, and without the fear of compromising your rights, generally the best course of action is to speak with a personal injury lawyer. The phone call is free and we’re happy to help. You can reach us at 704.749.7747. You can also request a call HERE. We hope you choose to Recover With Us.

Your auto accident report is the first set of facts established in your car accident claim. While both drivers will have their own story to tell (or pedestrians, in a pedestrian accident), the accident report is written, was taken down by an officer and ties both parties to an account of the car accident.

If you’ve been in a car accident you should call a personal injury lawyer for help understanding your accident report. The personal injury lawyer’s office is accustomed to reviewing accident reports and can even explain over the phone some of the codes used when information was entered by the officer.

The injury lawyer’s office can also answer any questions you might have about liability, negligence, damages, and insurance related to the accident. If you were a passenger in an auto accident, you have some additional concerns and the personal injury lawyer can point those out and guide you in the right direction.

If you would like to understand your accident report on your own, here is a downloadable link to understanding your accident report. With this guide, depending upon where you accident report was generated, you should be able to scroll through the explanations and use them to decipher your own report.

What Does The Accident Report Contain

Generally, the accident report contains information about the individuals and vehicles involved in the accident. Information about witnesses and road conditions, and a diagram showing the position of the cars in the accident will often appear as well. Quite often, the attending officer will make a statement in the accident report as to whose fault the car accident was—and make note if a citation was issued to either or both drivers.

Who Uses The Report

Because the accident report is created by a police officer, insurance adjusters and personal injury lawyers use the report to establish the basis for understanding the auto accident claim or personal injury case. Both sides are of course looking for facts which support their interpretation of what happened, and how it aligns with personal injury case law.

Can I Change My Accident Report

Generally, no, you cannot change your accident report. While you can make a request that the report be changed, it will be up to the law enforcement agency as to whether to change the report. Changes related to factual information are typically acceptable—the type or year of vehicle, insurance information, etc.—while changes related to the facts will typically not be changed or amended. In other words, if you feel the report reads unfavorably as to who caused the auto accident, there’s not much you can do except call a personal injury lawyer and see if he feels he can overcome the negative impact of the report when representing you in your personal injury claim.

Speak With An Attorney

If you’re confused about a report, or would like to speak with a personal injury lawyer about an auto accident you’ve been in, call 704.749.7747 today to speak with an attorney. The call is absolutely free and we hope you’ll choose to Recover With Us.

Whether you call them a car wreck lawyer, a personal injury lawyer, or an ambulance chaser, there are times when you need an auto accident lawyer. Fending for yourself against nasty insurance companies is a losing battle. Every day, our firm speaks with people who need a car wreck lawyer—sometimes we just answer questions , other times these individuals become a client of the firm. Either way, we are proud to be on what we consider to be the right side of the fight.

Why Call A Car Wreck Lawyer?

If you read the numerous articles on this website, you’ll find most of them strongly encourage you to call our office. We can answer questions on any topic related to personal injury, from negligence to liability in an auto accident to what to do if you’re in an accident. While we are of course interested in speaking with potential clients, the primary purpose behind that encouragement is to make sure you understand what your options are. Insurance companies quite often present your options to you in a way which clouds reality. They want you to accept their version of the facts, their estimates for property damage and personal injury. It’s easy to succumb to the aggressive nature of an insurance adjuster eager to close the claim.

Did We Mention The Call Is Free?

The call is free. Answering phone calls will always be a critical part of the job for any attorney who works at The Layton Law Firm. As attorneys, one role we play in the community—and this has been true for many years—is providing information, plain and simple. If you call the firm, you will immediately feel as though you have someone on your side. Our hope is that you receive the guidance you need to make a decision about your auto accident.

You will not be pressured to sign papers, hire an attorney, or commit in any way to using our services. In fact, there are times when we refer potential clients to other law firms, if we believe another law firm can help them more effectively. The goal is to do what’s best for the individual with legal needs.

Working With A Car Wreck Lawyer

If you do decide to work with us, we will explain the process very quickly and clearly to you over the phone. Most clients experience immediate relief of stress upon hiring us to handle their car accident claim—not only is it comforting to have an experienced legal professional assisting you, but it also means you can get back to focusing on the rest of your life, while we work to resolve the claim for you.

Getting Started Is Simple

It’s easy to get started with a car wreck lawyer, mainly because you don’t have to pay to hire us. We only get paid if you get paid. So, after we hear the story surrounding your car wreck, if we believe we can help you, we will ask you to fill in some paperwork and send us a few documents, like a copy of your drivers license, etc. While every claim and auto accident is unique, in most cases a car wreck lawyer can resolve your case efficiently and effectively in a matter of a few months. If it takes longer, you’ll be kept in good communication with the firm and be part of every decision along the way.

Take The Next Step

If you’d like to take the next steps, just do one of the following:

Call 704.749.7747

Click HERE to request a phone call from us

We will be in touch today to ask a few questions, hear your story, and tell you how we can help. We hope you choose to Recover With Us.

If you need a lawyer for car accident questions or concerns, we’re here to answer your questions. Our firm focuses on personal injury law and we always have a lawyer for car accident questions available to speak with you. There’s no charge for a phone consultation. It’s a great way to get your car accident questions answered and help you understand your options. Whether you decide to hire us or not, we are happy to help.

Working With An Auto Accident Lawyer For Car Accident Claims

Hiring an auto accident lawyer to assist you with your car accident claim means you instantly having someone looking out for your best interests. The bonus for the client when working with a lawyer for car accident claims is that the lawyer doesn’t get paid unless the client gets paid. That means if the auto accident lawyer doesn’t recover money for you, you don’t owe the lawyer or law firm anything.

Length Of Representation

Depending upon how long you are in treatment for your injuries, and whether the insurance company for the other driver cooperates, your claim could settle as quickly as 90 days, or take much longer. When working with a lawyer for car accident claims, the lawyer will ask you a few questions up front in order to help predict how long it will take to settle your claim.

What If The Car Accident Claim Doesn’t Settle?

While our experience is that about 9 of 10 car accident claims settle out of court, that is not always the case. If your lawyer for car accident claims can’t get you an amount you’re happy with, you’ll discuss filing a lawsuit with your auto accident lawyer. Even if you hire a lawyer for car accident representation and you’re unable to settle the claim successfully, filing a lawsuit doesn’t always mean you end up in court. At some point after filing the lawsuit and at the conclusion of discovery (the legal process for gathering information for trial), both parties—including you, the client—will attend a mediation. Most lawsuits settle at mediation.

When Will I Get Paid?

This is a legitimate question. Once the claim is settled, the lawyer will need some time to negotiate any medical bills or insurance liens on your behalf. By lowering the amount due to medical providers, the auto accident lawyer helps to put more money in your pocket and less in the pocket of the medical providers. That process can typically be wrapped up in the 30 days following settlement. At that time, both the client, the medical providers and the lawyer will get paid. Your auto accident lawyer should give you a check from their trust account, which most banks treat as guaranteed funds and will credit to your account the same day.

Talk To A Lawyer For Your Car Accident Concerns

If you have questions, the best thing you can do is speak with a lawyer. Personal injury lawyers know a big part of their job is answering phone calls and providing information. We would be happy to speak with you and help you decide on next steps. If you’d like to speak with an auto accident lawyer today, call 704.749.7747. Or click HERE to request a phone call. You’ll hear from us today, and we hope you’ll choose to Recover With Us.

If you’re considering working with an auto accident lawyer in Charlotte, NC, here is a brief synopsis of reasons to consider it. You should consider not only the legal concerns, but also what your experience will be like. Our firm handles auto accidents every day, and we’re happy to answer any questions you might have about hiring an auto accident lawyer.

If you’re wondering whether to hire an auto accident lawyer, one primary question is whether you can do better with a personal injury lawyer than you could do on your own. We respect this concern, and we try to address it objectively. Working with an auto accident lawyer, you’ll get the following:

Preserve Your Auto Accident Rights—Quite often, clients come to us with questions about an auto accident after it’s too late. They’ve already signed away their rights with the other driver’s insurance company. Our experience has been that insurance companies look after themselves. If you choose to negotiate your personal injury claim with them directly, you can expect they will take advantage of your lack of legal experience.

Maximize The Value Of Your Auto Accident—While a personal injury lawyer will get paid a fee to handle your claim, our experience has been that the client still comes out better off, financially, if they hire a personal injury lawyer to assist with the claim. The law firm not only represents you aggressively against the other driver’s insurance company, but also negotiates down your medical bills, takes advantage of MedPay, discovers additional insurance policies available in the event you reach a policy cap on the other driver’s policy, and examines Medicare and other insurance liens for validity, often challenging those liens successfully. This means more money in your pocket.

Turn Over The Stress Of Your Auto Accident—Negotiating with and communicating with an insurance company is stressful. They often withhold information, delay finalizing your claim, and take advantage of your lack of legal experience. What this means is that you’re in unknown territory, you’re recovering from injuries, and on top of that you’re trying to manage the stress of dealing with the insurance company. By hiring a personal injury attorney, you turn that stress over to someone else—someone who not only cares as much about the outcome as you, but also someone who is capable of reaching the best outcome possible for you.

Negotiate From A Place Of Power—When you negotiate with an insurance company on your own, they are aware that essentially, your goal is to settle the claim at that level. When an auto accident lawyer handles your claim for you, the insurance company analyzes the demand differently. Not only are they focusing on the value of the claim as put forth by the law firm in the demand package, but they are also weighing the cost of settling vs. the cost of litigating the claim in court. When an auto accident lawyer is representing you, the constant threat of litigation is a critical element to maximizing value of the claim at the settlement level.

If you have been in an auto accident in Charlotte, NC or the surrounding area and would like to speak with an auto accident lawyer, we’re here to help. Answering questions is part of our job, whether you hire us or not. Call 704.749.7747 or click HERE to request a phone call. It’s that easy. We hope you’ll choose to Recover With Us.

It’s that time of year again. In North Carolina we have gone from Spring to sweltering Summer in a matter of a few weeks. One age-old retreat from the heat is of course the lovely swimming pool. But what happens when a public pool or a private pool is not maintained properly, or when preventative steps are not taken to keep toddlers away from this attractive nuisance? Below, you’ll find some useful information about swimming pool injuries.

Public Pools

As public pools are heavily guarded, a public pool drowning is a rare occurrence. Much more likely is a public pool injury which may occur because of uneven pavement, pool flooring in dis-repair, or some other failure to properly maintain the pool and its surrounding area. Public swimming pool injuries include, but are not limited to:

Slip and Falls on Wet Surfaces

1st and 2nd Degree Burns and Lung Irritation From Pool Chemicals

Drowning

If you’ve been injured at a public pool, this is generally a premises liability injury. If you hire a personal injury attorney to assist you in making a claim against the pool, you’ll typically be making a claim against the insurance policy maintained by the pool association or corporation. In a premises liability claim for a public swimming pool injury, you are generally alleging negligence, the components of which are detailed HERE.

Private Pools

Private pools and the swimming pool injuries resulting from them, can often be more dramatic. Namely, quite often a child who is unable to swim will find his or her way into a private pool and drown in the pool because there is no lifeguard. There are standards set in the state of North Carolina for private pool owners, which are meant to secure the pool area from individuals who are not invited to swim on the property by the property owner. These standards regulate the dimensions of the required fence or wall (referred to as a “barrier” in the codes), including height, gaps, protrusions, and gates.

If a drowning or other injury occurs at a private pool, the claimant typically makes a claim against the homeowners insurance policy of the pool owner. If you own a private pool, you know that your insurance rates increase due to the inherent risk in having open water of this nature on your property. If you’re making a claim against a homeowner for a private pool injury, much like the claimant in a public pool injury, your claim is one of negligence. Essentially you are alleging the pool owner failed to meet the standard of care for a homeowner who owns and maintains a pool.

Talk To An Attorney

If you would like to speak to an attorney about a public pool injury or a private pool injury, please don’t hesitate to call 704.749.7747. We’re here to answer questions—it’s part of the job. You can easily request a phone call HERE. We hope you’ll choose to Recover With Us.

There is no doubt that motorcycles are dangerous. Whether it’s because of user error, or another negligent driver on the road, your chances of being injured on the road increase dramatically when you’re operating a motorcycle. Motorcycle injuries, typically, are quite serious. This of course is due to the exposure of the motorcycle operator to the elements around him or her.

North Carolina Motorcycle Safety Courses

Your best defense against a motorcycle accident or motorcycle injury, is to take as many precautions as possible, including motorcycle safety courses. If you’re looking for a list of motorcycle safety course offerings in or near Charlotte, NC, you can go to the Motorcycle Basic Rider Course link for CPCC. Or, you can check out the Harley Davidson offerings in or near Charlotte as well.

On both of these sites, in addition to other information, you’ll find answers to commonly asked questions regarding motorcycle injuries, safety tips, class times, and costs.

Online DMV Quiz

If you’re an experienced rider who needs to take the NC DMV motorcycle test, or a new rider looking to do the same, you can challenge yourself by taking the DMV Practice Test.

Motorcycle Injury Attorneys

If you’re in a motorcycle accident in North Carolina, you should call a personal injury attorney. There are unique aspects to all car accidents, but motorcycle accidents and motorcycle injuries in particular involve elements not found in most other highway accidents. We’d be happy to answer your questions about your accident report, negligence, working with an insurance company, medical bills, etc—that’s part of our job. We can also explain the basics of working with a personal injury attorney, if you decide to hire us.

We can be reached at 704.749.7747 for a phone consultation. Or, you can request one HERE. We hope you choose to Recover With Us.

personal injury passenger claim

The reality of being a driver in a large city like Charlotte, NC or any of the surrounding cities and towns, is that the likelihood of being involved in a car accident increases. As a Charlotte car accident attorney, I’m well aware of this. With more drivers on the road each year, and the many distractions drivers face, it’s no wonder almost everyone you talk with has at least been in a fender bender or a minor rear end auto accident.

While many minor accidents simply involve making sure everyone is ok, and taking care of small automobile repairs, quite often, an auto accident is more serious. Your vehicle may be totaled, your injuries may require a trip to the hospital, or an auto accident may even lead to a fatality.

Common Causes of Car Accidents

While having more drivers on the road increases the chance of an auto accident, we also live in a unique time regarding our pace of life and our habits of multi-tasking. Quite often, one of the following is a cause of or a contributing factor in an auto accident:

  • Texting while driving
  • Falling asleep while driving
  • Road Rage
  • Inexperience with road conditions
  • Not paying attention

When another driver fails to exercise the required amount of care on the road, and you’re the victim, it’s time to call a car accident attorney.

Dealing With Insurance Companies

As a car accident attorney in Charlotte, I often speak with individuals who have been hit by a negligent driver. Quite often, my client has already spoken with the other driver’s insurance company in an attempt to resolve the matter. I’m amazed at how often those insurance companies fail to treat the individual fairly, including alleging contributory negligence as a standard response to the claim.

In addition to offering low value to someone who is not represented by a car accident attorney, quite often the insurance companies will take advantage of the web of rules, laws and policies involved in addressing an insurance claim—things get complicated very quickly and if you’re not experienced, it’s easy to get taken advantage of.

How a Car Accident Attorney Can Help

An attorney can simply answer questions for you. This is true even if you decide not to hire the attorney. Free phone consultations are a part of the job for attorneys. Quite often, an individual just needs a little guidance in order to be able to feel good about the result they have achieved without an attorney. We’re happy to answer questions in that regard.

An attorney also provides experience and knowledge which—if hired on by the client—will not only help to determine if you have a claim and maximize the value of the claim, but also to insure that the client isn’t signing away their rights.

Emotional support is a component of almost every client claim I handle. It’s understandable clients are emotional regarding the experience they had. They also need the support from me and my office, when it comes to dealing with the amount of time it takes to settle a claim or try a case, combined with how difficult insurance companies can be throughout the process. We’re here to help with that.

If you would like to speak with a Charlotte personal injury attorney, call 704.749.7747 today. Or, you can click HERE to tell us when to call you. We hope you choose to Recover With Us.

Construction work is demanding work, and the individuals who perform it are put under physical strain every day on the job. When a construction injury hits, the injured person will not only lose time on the job but may never be able to perform that job again. Quite often, the injured worker finds themselves at odds with their employer, regarding questions of paid time off, when they are healthy enough to return to work, and whether they should be compensated for their injury.

If you’re injured on the job or performing within the scope of your duties as an employee, you will typically be entitled to workers compensation from the party at fault for your injury. This compensation will range from covering medical costs, to future and lost wages, to pain and suffering due to the injury you sustained.

The Role of Construction Injury Attorneys

If you hire a personal injury attorney to assist you with your construction injury, the attorney and their legal team will work to investigate the incident and hire experts to assist in valuing your loss. The law firm will also work to examine the facts surrounding the accident, in an effort to determine fault. In a North Carolina construction injury, you’ll discuss the concept of Contributory Negligence with your attorney, and assess whether your actions played a role in the on the job injury.

Once the personal injury law firm has done their research, the attorney will work aggressively on your workers compensation claim, including working up financial assessments of your loss and negotiating with insurance companies to make sure you receive just compensation.

Don’t Delay – Find Out More

If you have questions about a construction injury, you should speak to a personal injury attorney. The phone consultation is free, and you will get some clarity around your options. If you’d like to speak with an attorney today, call 704.749.7747 or click HERE to request a phone call.

How Much Does Chapter 13 Cost?

Not every situation calls for a personal injury lawyer. And while personal injury attorneys love to tell you that “We don’t get paid if you don’t get paid,” the fact is, lawyers cost money. But there are times when getting a lawyer makes sense.

You’re Not Being Treated Fairly

If you’ve been in a car accident and you feel the insurance company for the driver that hit you is not being fair, you’re probably right. While there’s no exact formula for damages, this is an instance where you can rely on your gut instinct. Even just a phone call to a personal injury attorney may help you decide if what you’re being offered is fair. But, the point it is, involving a lawyer will help give you clarity.

You’re Being Asked To Sign A Release

While it makes sense in a settlement to release the other party of future claims, it’s important to know what you’re signing. Whatever our personal injury claim is worth, once you release other party, the claim is settled for good. If the insurance company for the driver who hit you is putting releases in front of you, it’s a good time to get a professional to look things over for you.

There’s Not Enough Insurance

There are times when the policy the other driver has isn’t enough to cover your damages. A personal injury attorney is skilled at discovering additional policies from which you might recover, and also will guide you through filing and under/un-insured motorist claim in the event the primary policy does not cover your damages.

It’s Time To File A Lawsuit

Quite often, settlement negotiations stall. Both sides stop moving toward the middle. If you don’t have a personal injury attorney, you’re stuck with deciding to take what’s being offered. A skilled injury attorney though, will be sure to present the facts, medical billing, and injuries to the insurance company in such a way that maximizes the way the insurance company values the case. If settlement negotiations stall, the lawyer can send over a draft of a lawsuit, which may jump-start the negotiations again. Worst case, the attorney can file the lawsuit on your behalf.

Most Cases Settle At Mediation

If a lawsuit is filed, know that most cases settle before they ever see the inside of a courtroom. After discovery has completed and depositions have been taken, the parties meet again to negotiate—typically in what’s called Mediation. A lawyer will work with you during mediation to settle the case for an amount you’re happy with—but without the lawyer, you never get there.

Get Help Today

If you’ve been injured in a car accident, a slip and fall at a business, or have suffered any other type of personal injury, we’re here to help. Call us at 704.749.7747 for a free phone consultation, or request a consultation HERE.