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.

A sidewalk injury or parking lot injury may give rise to a premises liability claim under the umbrella policy for the business owner. Your personal injury attorney will need to know the conditions that existed at the time, as well as how the injury occurred. North Carolina has unique rules regarding a plaintiff’s contribution to the injury. This concept is known as Contributory Negligence. In order to rule out contributory negligence, your attorney may ask you about the following:

Your shoes or footwear;
Your alcohol consumption;
The weather;
The nature of your visit to the sidewalk or parking lot;
The condition of the sidewalk or parking lot

Documenting Your Injury

If you slip and fall or trip and fall on a sidewalk or in a parking lot, you’ll want to preserve as much factual evidence as possible from the scene. This can be done by taking photographs, gathering the names and phone numbers of any witnesses to the fall, and writing down information about the incident so that you don’t forget in the future.

Prior to leaving the site, take steps to document the injury with any on-site management or employees. If your accident was at a gas station, restaurant, or retail store, those facilities should have a process for submitting an accident report. This will help create a record of your fall. If no one is on site, look for a phone number posted for contacting the property owner. You’ll often find these in public places like parking garages and shopping malls.

Seeking Medical Attention

Quite often, it’s hard to tell if you have a serious injury just after falling or tripping. While the safest choice is always to call an ambulance or medic and get medical attention immediately, that is not always practical. Regardless, if at any time after the fall you believe you have an injury, that is the time to seek medical attention.

Talk To A Personal Injury Attorney

Personal injury attorneys want your call. They will gladly answer questions you may have about your injury, dealing with insurance adjusters, and paying medical bills. Answering questions is part of the job, whether the individual decides to hire the law firm or not. If you’ve slipped or fallen and believe you are injured, let us help you decide your next steps. You can call us at 704.749.7747 or request a phone consultation HERE.

 

A truck accident may not seem different from a car accident, but from a legal perspective there are unique considerations. Commercial trucks and trucking companies can be a challenge to work with. If you’ve been in an accident with a commercial truck. If you’ve been in a truck accident, you should consult with a truck accident lawyer as soon as possible so you don’t compromise your rights.

Injuries and property damage resulting from a truck accident tend to be more severe due to the velocity and size of a commercial truck. Quite often, commercial truck drivers have limited visibility due to the specific construction of these vehicles. Lastly, items related to liability are often different in a truck accident, as it takes a longer distance to stop a commercial vehicle as compared to a car or motorcycle.

While the trucking company may have a commercial policy through a company like State Farm or AllState, they may also “self insure” through their corporate policy. Negotiating with a self-insured defendant often requires a different approach employed by the personal injury attorney. Additionally, the corporation typically views the claim as an expense which is detracting from profits.

The Numbers Are Growing

According to recent truck accident statistics, there are more than half a million commercial truck accidents in the United States every year. These numbers of commercial and non-commercial vehicles on the road each year are increasing, and as a result, the number of accidents increase each year as well.

Getting Fair Compensation

In some truck accident claims, determining fault can present a specific challenge. The weather perhaps played a significant role, or contributory negligence might bar recovery if both parties are at fault. If your personal injury attorney can successfully make the case for liability based on the negligence of the driver or the company’s failure to properly care for the vehicle, you can typically reach a fair settlement with the truck company.

By engaging an injury attorney, not only will you have someone protecting your interests regarding your injuries, but you’ll also be able to move forward with your life while someone else works on the case for you.

Types of Injuries

Every personal injury case is different, but if you’ve been in an accident with a commercial truck, you may have a claim for compensation related to loss of future earning capability, income lost via missed work missed, emotional stress and other injuries known as “Special Damages.” A personal injury attorney who has experience in this area can help insure you reach a fair settlement.

A truck accident lawyer who understands the aspects of trucking accidents will examine your case from the unique perspectives presented by these types of accidents. This includes jackknifing, equipment failure, stopping distance and driver blind spots.

If you’ve been in a truck accident, call us to get your questions answered. We can be reached at 704.749.7747 or you can fill out a request for a phone consultation HERE.

Blue old Car broken front light closeup

A car accident can be one of the most shocking and terrifying events in people’s lives. This is especially true in cases when individuals are injured. In the event you’ve been injured during a car accident that came as a result of someone else’s carelessness and/or recklessness, you deserve fair financial compensation from that person. Quite often, getting a fair result from an insurance company without using a personal injury attorney can be an uphill battle. I know, because I get calls every day from individuals who are having this same difficulty.

 

 

Fair Compensation

If the other driver’s insurance company agrees to fairly compensate your losses and cover medical bills, you probably won’t need the help of a personal injury attorney. But, if the individual who caused the car accident is not cooperative or their insurance companies is not prepared to pay, then hiring a personal injury attorney is a your next step.

Insurance companies are a for-profit endeavor. In most cases they are trying to settle such disputes for as little as possible, which is why clients find that even when the insurance company is offering a settlement, the client can do better with an attorney. Not only is your attorney in a position to argue value with the insurance company, but in addition the insurance company is attempting to avoid having the attorney file a lawsuit. Defending a lawsuit is an expense most insurance companies would like to avoid, especially in instances where liability is clear.

Uncovering Insurance Policies

In some cases, there is more than one insurance policy available from which to collect. Each personal injury claim is unique whether you are a driver, a passenger, or a pedestrian. Your personal injury lawyer will maximize the value of your claim by uncovering all available insurance policies in your claim.

Personal injury attorneys have the knowledge, experience and skill to help you negotiate your way through a personal injury claim. A good personal injury attorney will be able to predict the actions of insurance companies and will strategize with you regarding actions which guarantee you’ll get the compensation you truly deserve. The attorney will also more than likely be familiar with your type of case and your injuries, which puts them in a unique position to assess the value of your claim. They’ve already worked similar cases like yours.

Preparing For Trial

If you’re unable to settle your insurance claim and face litigation against the insurance company, you’ll be much better positioned to win at trial with the help of an attorney who was brought on early. Whether from the perspective of preserving evidence, examining medical records, or creating a history with the insurance company, the pre-trial work done by the personal injury attorney during settlement negotiations will pay off in the courtroom.

Generally, personal injury lawyers work on a contingency basis, which means that people injured in a car accident won’t have to pay anything if the attorney does not recover something for them. If you have been in a car accident and would like to find out more about working with a personal injury attorney, call 704.749.7747 today. Or, click HERE to request a consultation.

CarAccidentWhether you’re traveling on Interstate 77 or 85, or taking a more local route through uptown Charlotte on South Blvd. or Providence Rd., you’re bound to see a Charlotte car accident. Our sincere hope is you can avoid being part of one. But if you are in a car accident in Charlotte, here’s what you need to know:

Report The Accident

So often, victims of accidents don’t feel injured at the scene. They exchange information with the other driver, clear the road, and try to move on with their day. Quite often, that’s a big mistake. By reporting the car accident and generating an accident report, you create the first official record of the event. Additionally, the officer will ask each driver questions about what caused the accident. That information is often relied upon by insurance companies and personal injury attorneys to establish fault in the future.

When a police officer attends to an accident, he or she is more likely to get valid information from both drivers. This can be crucial for the victim of the car accident, when attempting to reach out to the other driver’s insurance company to make a claim for property damage or bodily injury.

Seek Medical Treatment

Whether you take an ambulance from the accident to the hospital is your choice. It’s understandable in a minor accident or ‘fender bender’ not to do so. However, if you’re in a serious car accident, not only do you need to seek medical attention immediately to establish your health condition, you’ll also want to do so to create a health record related to the car accident.

If you wait until after the car accident to seek medical treatment, you need to seek it within a reasonable time. Primarily, because the longer you wait the more damage you can be doing to your health. Additionally, insurance companies deny claims every day based on their assertion that the plaintiff waited too long to seek treatment. They conclude that the delay between the accident date and the treatment date means either you weren’t injured in the car accident, or perhaps you were injured after the car accident and are now trying to blame your injury on the car accident. Either way, your claim is denied and you receive nothing for your injury.

Keep Notes

Write down your thoughts about the car accident. What conditions were present? Who had a green or red light? What chain of events do you remember which led to the collision or car accident? In the days after the car accident, continue to keep notes, including how you feel. Judge your pain on a scale of 1 to 10, and indicate what is hurting you.

When you see a doctor or chiropractor, bring your notebook with you and be sure to clearly communicate to your medical provider what pain you’ve been experiencing since your last visit. These clear indicators then become part of the medical record and can play a critical role in financial recovery when it comes time for your personal injury attorney to make a demand of the insurance company.

Call A Personal Injury Attorney

If you’re in a car accident, a phone call to a personal injury attorney is free. Take advantage of that free call to ask for advice, even if you don’t think you’ve been injured. You’ll find almost any charlotte personal injury attorney will devote time over the phone or in person to answer your questions and give you the confidence to feel you’ve done all you need to do with regard to the car accident.

If you’ve been in a car accident and would like to speak to an attorney, call us today at 704.749.7747. If you’d like to request a call from us, you can do so HERE. We’re here to help.

rear end collision demand letter

rearendcollisionGetting into an accident is never a good thing, and nothing is more surprising than a rear end collision. You don’t see it coming, and the unexpected force from the impact can play a major toll on your health. If you’re in a rear end collision in Charlotte, North Carolina, it’s important to understand North Carolina law before moving forward with your claim.

Contributory Negligence

You can’t get very far in a personal injury conversation without hearing about contributory negligence. In North Carolina, this can hamper a plaintiff’s claim or lawsuit. Generally speaking it means that if you are even 1% responsible for the accident, a jury will be instructed not to award you anything. If you’re in a rear end collision–and you’re not at fault, there is good news. Typically, you will not come up against the contributory negligence defense during the processing of your insurance claim.

Liability

I always tell clients there are two challenges to each personal injury claim: liability and damages. Establishing liability means the defendant’s insurance company is willing to acknowledge responsibility for the accident and the accompanying injuries. In a rear end collision, overcoming this hurdle is substantially easier than in other accidents such as: slip and falls, head-on collisions, etc.

Damages

Once you’ve overcome the liability issue, the next question is whether there are damages. In establishing damages for a rear end collision or any other type of injury, the key is to seek medical treatment quickly. Treatment eliminates a claim that you either did not have injuries, or your injuries were not caused by the accident.

Working With A Personal Injury Law Firm

Even when it’s not your fault, it is amazing how often an insurance company will find a way to deny your claim or de-value your claim. Working with a personal injury lawyer will insure that you are treated fairly by the defendant’s insurance company, get the medical treatment you need, and maximize your results.

If you’ve been in a rear end collision or any other type of auto accident, we are here to help. Consultations are free and our goal is to provide you with the guidance you need. You can conduct them by phone or in person. Please call us at 704.749.7747 for a consultation. Or, you can click HERE and we will schedule one today via email.