Charlotte Truck Accident Lawyer

Our job is to get you the best result possible. If you are in an accident with a truck or tractor trailer, you should absolutely speak with a Charlotte truck accident lawyer. The clients we speak with who have been in trucking accidents have extensive injuries with long-lasting effects. We strongly encourage you not to settle with the trucking company without the help of a Charlotte truck accident lawyer.

Charlotte, NC is surrounded by highways, including 277, 485, 77 and 85. These make for speedways for truck drivers. Truck drivers are often over-worked and tired, and they make mistakes as a result. When a truck driver causes an accident leading to injuries to one or more other individuals on the road, we fight hard to get compensation for them.

Settlements For Charlotte Truck Accidents

Your settlement with a trucking company will be negotiated by your Charlotte truck accident lawyer. Typically, the lawyer will be working with an insurance company which represents numerous trucking companies—Progressive, State Farm, AllState, Farmers and The Hartford Company are a few of the insurance companies we work with regularly to settlement car accident claims and truck accident claims.

Your truck accident settlement may consist of any or all of the following:

Property Damage – The value of your lost personal property

Lost Wages

Medical Bills

Pain and Suffering

Special Damages

Loss of Life

Disability or Impairment Rating

Developing Your Truck Accident Case

After an initial phone call to better understand your truck accident, we will be able to give you a better picture as to what types of damages you may be entitled to. The amount of your damages or ultimately the amount of your settlement, will depend on several factors. Among them are your medical bills, your lost wages confirmed by an employer, and the types of injuries you sustained in the trucking accident. As we gather information by way of medical records and billing, we will examine the medical records to make a determination as to what to demand for compensation in your settlement package. You will have final approval at every stage of negotiation with the insurance company, but we will do all the work to achieve the end result.

Fighting For Best Results In Your Truck Accident Case

It’s not uncommon to encounter low settlement offers from truck insurance companies and their adjusters. Their job is to minimize their company’s exposure. They routinely assign low values to injuries, discount lost wages, and offer low payment for property damage. Your Charlotte truck accident attorney should have strategies for responding to each of these tactics. I have taught negotiation courses to thousands of lawyers across the country. As a skilled and seasoned negotiator, I am not intimated by nor made uncomfortable by the tactics and strategies of insurance adjusters as we try to reach settlement.

Speak With A Charlotte Truck Accident Attorney

If you’ve been injured in a trucking accident, we would love to speak with you. Even if it’s just to provide you with some advice—that’s part of our job, and there’s no pressure to hire us. You can reach an attorney today by calling 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out. We know you have choices. We hope you choose to Recover With Us.

Signs of a concussion are sometimes subtle. It’s important, especially after a car accident, to monitor yourself or family members for any or all of the symptoms outlined in this short article. Signs of a concussion sometimes show up hours or even days after an accident or injury to the head. Certainly, a medical expert’s opinion will help you confirm or dispel your concerns surrounding concussions. Our firm routinely represents injured individuals in personal injury matters involving concussions. Because treatment for concussions is limited, insurance adjusters often attempt to low-ball clients for their injuries. Our experience routinely negotiating concussion claims pays off when we work to settle your claim. In addition to the pain and suffering you experience when you receive a concussion from a car accident, there is also the threat of future concussions, which should be accounted for in your settlement.

If you would like to speak with a Charlotte personal injury attorney today, call 704.749.7747 or click to request a FREE CASE EVALUATION and we will reach out to you today. Below, you will find more information about the signs of a concussion– we hope it’s helpful.

Signs Of A Concussion

Loss of Consciousness—Loss of consciousness can occur for a few seconds or can go on for a few minutes. Any loss of consciousness associated with a car accident should put you on high alert that you may have suffered a concussion.

Speech Issues—If you are slurring speech or having trouble ‘finding the right words’, it could be because you are shaken up on the heels of an accident. However, if this symptom continues, it could be the sign of a concussion. Individuals who have trouble answering basic questions should be concerned.

Dizziness—Feeling a sense of imbalance or vertigo could be a sign of concussion. Temporary dizziness may be experienced directly after an accident, as a result of raised adrenaline or another bodily response; however, if the condition continues without reason, it should give cause for concern.

Less Obvious Signs Of A Concussion

Headaches—Often we dismiss headaches as the result of allergies, hunger, or a lack of sleep. While this may be the case, consider keeping track of your headaches after a car accident. If you can’t trace them back to specific circumstances, you could be feeling the after-effects of a concussion.

Nausea—Along the lines of headaches, nausea is a less obvious sign of a concussion. When considered together with other symptoms on this list, your nausea should be taken seriously especially if on the heels of a car accident or slip and fall injury.

Inability To Sleep—Many people experience an inability to sleep, or insomnia. This makes it difficult to isolate this symptom of concussions. Much like the other less obvious symptoms in this list, an inability to sleep should be taken into consideration together with all other symptoms.

See A Doctor After A Car Accident

Many times, our car accidents seem minor. There doesn’t appear to be much physical damage to either vehicle. Physically we feel adrenaline, but we don’t feel ‘hurt.’ For a lot of individuals, that means they decide to move forward and continue with their day. Often, the symptoms from injuries sustained as a result of the accident come on a day or two after the car accident.

Any time you’re in a car accident, it makes sense to see a medical professional. If you’re able to transport yourself safely to the hospital or Urgent Care, we encourage you to do so. If you feel as though you need an ambulance, request one from a responder on the site.

Signs Of A Concussion In Children

While many of the same symptoms for concussion occur in children, an article posted on specifically addresses symptoms in children.

Medical Payments Insurance Coverage

This is a good time to review whether you have Medical Payments coverage with your auto insurance policy. In the event you’re in an accident—regardless of whether it’s your fault—Medical Payments coverage will cover some or all of your medical expenses associated with the accident. Medical Payments coverage is inexpensive on an annual basis, and priceless when you’re in an accident and need medical care.

Talk To A Personal Injury Lawyer

If you’ve been in a car accident, you should take steps to protect yourself both physically and legally. Call our office to speak with a personal injury attorney. Consultations are free and can be done over the phone. We can be reached at 704.749.7747 or you can click HERE to quickly request a phone call from us. We’re happy to help, and we hope you choose to Recover With Us.

can i file bankruptcy and keep my car

How Can I File Bankruptcy And Keep My Car?

Easily, that’s how. Whether you can file bankruptcy and keep your car is a question of the fair market value of the car at the time of the bankruptcy filing. That value is compared with any outstanding balance on the vehicle at the time. The difference between the fair market value and the outstanding loan balance is the equity. For example:

Vehicle: 2016 Toyota Camry
Fair Market Value: $15,500
Outstanding Loan: $13,000
Equity: $2,000

In the example above, we have a vehicle that is essentially worth $2,000 for bankruptcy purposes. The reason is that if you were to sell the vehicle, you would only end up with $2,000 after the loan was paid. For the purposes of your bankruptcy filing, this is a $2,000 asset.

Using Exemptions To Protect Your Car

If you’re wondering “How can I file bankruptcy and keep my car?” the federal bankruptcy code provides exemptions for each person filing bankruptcy which usually allow this. Some exemptions are specific to the type of property, while others can be applied to any property you choose. Each person filing Chapter 7 or Chapter 13 bankruptcy is entitled to use a vehicle exemption of up to $3,500, per N.C.G.S. Sec. 1C-1601(a)(3). Under the scenario above, you can keep the vehicle in a Chapter 7 filing.

What If My Equity Exceeds The Vehicle Exemption?

If the above example resulted in $4,000 of equity, you would exceed the exemption allowed under N.C.G.S. Sec. 1C-1601(a)(3) by $500. In that case, you could use some of the $5,000 exemption allowed under N.C.G.S. Sec. 1C-1601(a)(2). This is commonly known as the Wild Card exemption, and if it has not been applied to protect your primary residence, you can use it to protect any other property you own.

What If My Vehicle Does Not Have A Loan?

If your vehicle does not have a loan, the equation is still the same. In that case, the fair market value of your vehicle is the same as the equity. That amount would need to be protected or ‘exempted’ by using the NC bankruptcy exemptions. If the fair market value of your vehicle exceeds both the NC motor vehicle exemption and the NC wild card exemption, you may have ‘exposed’ equity, which would have to be addressed in the bankruptcy with the bankruptcy trustee. This is discussed below.

Addressing ‘Exposed’ Equity In Chapter 7

If you have additional equity which cannot be exempted with your NC bankruptcy exemptions, your attorney will negotiate an arrangement with the trustee by which you pay some or all of that exposed equity to the court. Typically, in order to avoid a sale of the property, which is costly and time consuming, the trustee will be flexible in reaching an agreement for a discounted amount. For example, if you have $2,500 of equity which cannot be exempted, you will list it as such on your bankruptcy filing.

The trustee assigned to the case will negotiate with our firm to have you pay an agreed upon amount to the trustee over time. A reasonable agreement in this scenario would be a payment of $1,500 (payments of $250 each) due in equal installments over the next six months. When the payments are complete, you will receive your discharge in bankruptcy and of course this means you get to keep your car. While this is not the best answer to the question “How can I file bankruptcy and keep my car?” it does provide a solution where there’s too much equity for bankruptcy purposes.

Speak With A Charlotte Bankruptcy Attorney Today

We’re here to answer the question “How can I file bankruptcy and keep my car?” Hopefully this article helped. Filing Chapter 7 can be a powerful relief, but certain rules must be followed to insure you get the result you desire. Your Charlotte bankruptcy attorney can identify the challenges associated with your case prior to filing, and discuss them with you. Once you have an agreed upon plan of action, you can file your case with the confidence that you’ll get the result you desire. If you’d like to speak with an attorney today about Chapter 7, call us at 704.749.7747 or click for a FREE CASE EVALUATION and we will call you today. We know you have choices. We hope you choose to Recover With Us.

How Soon Can I File Chapter 7 Again?

If you have already filed Chapter 7 some time ago and you’re wondering “How soon can I file Chapter 7 again?” this article will help answer the question. The following scenarios help determine how soon you can file Chapter 7 again. Look below to find the situation that matches yours.

After Discharge In Chapter 7

If you received a discharge in Chapter 7, you can’t file Chapter 7 again until eight years from the date you FILED the previous Chapter 7. This will enable you to also receive a discharge in the new Chapter 7, which is one of the primary goals of filing bankruptcy.

After A Chapter 7 Without Discharge

If your Chapter 7 case was closed without a discharge, you may be able to file again immediately. In situations where a case is dismissed due to a paperwork error, this is the case. If the case was dismissed for a failure to disclose pertinent information to the court, or for some other more serious reason, you can’t file Chapter 7 again until 180 days after the initial dismissal.

After A Dismissal In Chapter 13

If your Chapter 13 case was dismissed, you should be able to file a Chapter 7 immediately. You should also be able to receive a discharge in that new Chapter 7. A Chapter 7 is distinctly different from a Chapter 13, in that a Chapter 7 is a complete discharge of debt which does NOT require paying your creditors, unless you have too many assets or income. Your attorney will know prior to filing, whether you meet the income and assets requirements for Chapter 7.

After A Discharge In Chapter 13

If you received a discharge in Chapter 13, in order to file a Chapter 7 you must wait six years from the date the Chapter 13 was filed, before you can file for and receive a discharge in the new Chapter 7. There is actually an exception to this rule. If you paid off 70% or more of your unsecured debts in the Chapter 13, you should be able to file a Chapter 7 without waiting for the six years to run.

Further Reading

If you’d like to read more articles about Chapter 7, Chapter 13, Debt Settlement, you can check out our Bankruptcy Blog.

Speak With A Charlotte Bankruptcy

If you’d like to have a free phone consultation, just call us at 704.749.7747. Phone consultations are part of the job and we’re happy to provide answers to your questions. Or, you can click to schedule a FREE CASE EVALUATION and we will reach out to you. We know you have options. We hope you choose to Recover With Us.

Chapter 11 Bankruptcy

Chapter 11 Bankruptcy In NC

A Chapter 11 bankruptcy is a way to reorganize your business debt while continuing to do business. Chapter 11 enables you to continue your livelihood without the constant threat of creditors to sue you, shut down your business, or otherwise disrupt you from being profitable.

When you file Chapter 11 bankruptcy, you and your bankruptcy attorney are proposing a plan to your existing creditors. Depending upon the profitability and assets of the ongoing business concern, your plan will propose to pay a percentage of your debt to creditors over time.

The Cost of Chapter 11 Bankruptcy

The court charges a filing fee of roughly $1,200.00, together with an administrative fee of $550.00. There are ongoing quarterly fees which must be paid to the court as well. Your attorney fees related to Chapter 11 bankruptcy are hourly. While your bankruptcy attorney will need to evaluate your case before estimating the attorney fees, it is a safe assumption your Chapter 11 bankruptcy will cost somewhere between $10,000.00 – $15,000.00. We know this is a substantial amount of money. Whether to file Chapter 11 will depend upon whether the cost of doing so is outweighed by the benefit to you and your business. Your bankruptcy attorney should help you sort through those questions as you gather information about the business together.

Do My Creditors Have To Accept My Chapter 11 Plan?

No, your creditors do not have to accept your Chapter 11 plan. However, if the plan is reasonable given the income, assets, and overall financials of the business, your bankruptcy attorney will argue on your behalf that the plan should be accepted. Generally, your Chapter 11 plan is a five year plan; however, you can propose a shorter plan if the shorter plan pays all creditors in full over the course of the plan. Generally, you must commit all of the business’s disposable income over the five year period to the plan. The calculation of disposable income is an equation involving income and expenses. If income and expenses change significantly during the plan, your Chapter 11 plan may need to be re-evaluated. In this regard, the Chapter 11 bankruptcy is reflective of your ability to pay, both at the time of filing and ongoing during the life of the plan.

Chapter 11 For Corporations vs. LLCs or Partnerships

A Chapter 11 bankruptcy for a corporation will only consider the assets of the corporation. To the extent the individual filing bankruptcy owns stock of the corporation, the stock assets must be considered in the assets calculations filed with the court.

A Chapter 11 bankruptcy for a partnership, LLC or sole proprietorship, is distinguishable from a Chapter 11 for a corporation or “C-corp”. In this filing, the individual and the business are treated as one for bankruptcy. The result is that all personal assets must be disclosed and considered when proposing the overall plan to pay back creditors over time in Chapter 11.

Chapter 11 vs. Personal Bankruptcy

In many cases, it is preferable to file a personal bankruptcy—Chapter 7 or Chapter 13—in lieu of filing a Chapter 11. The cost of filing is considerably lower, and the complexity of the case is different as well. If your company has few assets, you may be able to accomplish your goals by dissolving the company. This will relieve the company’s obligation under company debt. To the extent there is a personal obligation attached to the company debt, a Chapter 7 or Chapter 13 would serve to discharge the individual from that debt.

Speak With A Charlotte Bankruptcy Attorney

The next step is to speak with a Charlotte Bankruptcy attorney. Consultations and case evaluations can be done over the phone or in person. You’ll come away with a much deeper understanding of your options. This alone provides peace of mind. If you decide to move forward with a bankruptcy filing, we can discuss next steps and take action together immediately. Call us at 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out to you. We know you have options. We hope you choose to Recover With Us.

Fractures From Car Accidents

Some of the most common personal injuries are fractures from car accidents. The impact of the accident, combined with the physical contact with the interior of the body of the car, often leads to fractures. If you suffered fractures from a car accident in North Carolina you may be able to recover from the driver who hit you.

Source Of The Fracture

Quite often, because the accident happened so quickly, our clients are not sure how they fractured a bone during the car accident. Contact with the steering column, the dashboard, and even the airbag can lead to a fracture. When another vehicle collides with yours, the way in which your body is thrown suddenly in a new direction can also be the source of the fracture. When necessary, our firm employs an accident reconstruction expert to dissect the accident, together with the injuries resulting therefrom.

Types of Fractures From Car Accidents

If you’ve been in an accident and were treated by your doctor, you are probably already familiar with the exact type of fracture or broken bone you suffered as a result of the accident. Regardless, the most common types of fractures or broken bones we see in our office are:

Broken Collarbone From A Car Accident

Broken Femur From A Car Accident

Broken Wrist From A Car Accident

Broken Rib From A Car Accident

Recovering From Fractures From Car Accidents

Recovery from a fracture typically entails a lot of patience. Depending upon the fracture, the healing process may take up to a year. Fortunately, soon after your bone is fractured, the body starts to heal by producing a callus and blood clot around the fracture. It’s important during this time that the fracture be held in place, in order to facilitate healing. Poor protein status at the time of the fracture can cause delays in healing and that is often seen in the elderly or malnourished.

How Much Is A Fractured Bone Worth?

The value of your injuries in a car accident varies depending upon both the injury and the facts surrounding the accident. Imagine two identical injuries. One of them from a car accident where the injured party was rear-ended while sitting at a stop light. The other, from a car accident where the injured party collided with the other driver while changing lanes. As you might imagine, the insurance company defending the at-fault driver will argue fault on the changing lanes accident. This may serve to lower or ‘de-value’ the injury. It may also lead to no recovery at all in North Carolina, if Contributory Negligence is successfully raised by the insurance adjuster. Those two injured individuals may end up with very different settlements, despite having the same injuries. This harkens back to The Four Elements Of Negligence.

Speak With A Personal Injury Lawyer

If you have fractures from a car accident, you deserve to get advice from a personal injury lawyer. Call us at 704.749.7747 or click for a FREE CASE EVALUATION. There’s no obligation and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

Charlotte, NC Personal Injury Attorney For Car Accident

If you’ve been in a car accident in Charlotte, NC, you should call a Charlotte personal injury attorney. The call is free and it’s important to understand your rights before you communicate with the insurance company representing the driver who hit you. Call us at 704.749.7747 or click here to receive a FREE CASE EVALUATION.

Why Use A Charlotte, NC Personal Injury Attorney For A Car Accident?

As a law firm handling car accident claims every day, it’s easy to forget that not everyone understands the role a personal injury attorney performs. Not only do we believe you’ll achieve better results with a personal injury attorney, we are also confident you will protect yourself by obtaining legal representation. And the good news is, you don’t owe use anything unless we achieve a settlement or jury verdict for you.

Your personal injury attorney will not only handle all negotiations with the insurance company, but will also gather all medical records and billing. Lastly, your personal injury attorney will make sure you don’t end up with liens from medical providers after settlement. Personal injury liens can result from Medicare, Medicaid, Health Insurance, or Provider medical billing.

What Does A Personal Injury Attorney Cost?

Most personal injury attorneys charge one third of the total settlement or jury verdict, but you’ll need to review each attorney’s engagement letter prior to signing it. Additionally, in most personal injury attorney engagement letters, you will find language indicating that you will not owe the attorney or law firm anything unless they are able to reach a settlement for you. When you settle your claim, you will see where each dollar of settlement is going, including the fee to your attorney, medical billing being paid, and of course the amount you will be receiving.

Why Should I Choose The Layton Law Firm?

We pride ourselves on our ability to achieve a fair result for our clients. The decision to settle a claim or file a lawsuit is always your decision, and our job is to help you make that decision. Lastly, we believe the result is just as important as the experience. You will work with your Charlotte personal injury lawyer for months or even years. You deserve a law firm that returns calls, treats you with respect, and understands your needs. We do our very best to achieve those goals with all clients.

Further Reading

Want to read more articles like this? Check out our Personal Injury Blog articles — there are over 100 and we hope they are helpful.

Speak With A Charlotte Personal Injury Attorney

The call is free and it’s important to understand your rights before you communicate with the insurance company representing the driver who hit you. Call us at 704.749.7747 or click here to receive a FREE CASE EVALUATION.

How Much Is My Car Accident Worth?

If you’re wondering “How much is my car accident worth?” the answer is… it depends. Yes, it’s a typical personal injury lawyer answer. But there’s a good reason for it. There are many factors which combine to both increase and decrease the value of your car accident.

For a free case evaluation, call us at 704.749.7747, or click for a FREE CASE EVALUATION and we will reach out shortly. The evaluation is free and we’re here to help.

Factors Which Increase The Value Of Your Car Accident Claim

Severity of Injuries—if you have severe injuries, your case is generally worth more. The theory is that juries assign value to a case based in large part on the medical treatment involved with the case. You can imagine a jury considering a case with $1,000.00 of medical treatment (an ER visit and a follow-up), vs. a case with $45,000.00 of medical billing (a broken bone, surgery, and physical therapy).

Consistent Treatment—It’s not enough to have injuries from a car accident. You also have to seek treatment very soon after the accident and follow through with that treatment. The reason is two-fold. First, seeking treatment soon after the accident shows that the accident caused the injury. Second, completing your treatment demonstrates how the injury affected you and also serves to increase your medical billing. Besides, you deserve to be treated and brought back to full health.

Lost Wages—If the accident gives rise to missed hours at work, your personal injury lawyer will include your lost wages in the demand package sent to the insurance adjuster. Your employer will have to sign an affidavit establishing your rate of pay and the amount of work you missed. This Lost Wages Affidavit goes a long way toward increasing the value of your claim. If you take paid time off or (“PTO”) instead of missing work, your injury attorney will calculate that into the figures as well.

Special Damages—Some accidents give rise to what are known as Special Damages. These are losses in addition to the more typical losses described above. For instance, a senior in high school who is the victim of a car accident misses her last year of Track and Field. Or, a car accident on the way to the prom causes the victim to miss the prom. Missed graduations, birthday parties, and vacations can all be included in special damages and presented to the insurance adjuster.

Working With A Personal Injury Attorney—In our experience, working with a personal injury attorney is typically going to increase the value of your case. There are multiple reasons for this. First, the attorney understands how to establish the value of your case or claim. Second, the attorney can defend your case against an insurance adjuster who is arguing a lower value of the case. Third, an attorney means the threat of a lawsuit. Insurance companies are interested in avoiding lawsuits especially if their driver was at fault in the car accident. The cost of the avoided lawsuit can help to increase the value of your claim. Lastly, your personal injury attorney will typically be able to negotiate some of your medical billing for you. While this may not increase the settlement value, it should help to put more of the settlement in your pocket.

Factors Which Decrease The Value Of Your Car Accident Claim

A History Of Claims—If you have a history of personal injury claims, it will be used against you. Insurance companies share information with one another. Even if you have legitimate injuries from this car accident, the fact that you have 4 prior claims will be used to insinuate that your claim may be fraudulent.

Contributing Factors—If the police report from the car accident states that you contributed in some way to the car accident, you may be barred from recovery due to North Carolina’s Contributory Negligence rule. The essence of this rule is that if you are found to be 1% responsible for the accident, a jury will be instructed to award you nothing. Personal injury attorneys encounter this defense every day, and can typically negotiate a successful settlement despite it. However, it must be taken into account.

Gaps In Treatment—If you fail to seek treatment soon after the accident, or if there are large gaps in between treatment, the insurance adjuster will argue that your injury was not severe. In the alternative, the adjuster may argue that you were possibly injured in some other manner and are blaming the accident for your injury. This generally results in a discounted settlement as it relates to paying your medical bills. It’s important to see your doctor as instructed. If your doctor can’t help with spinal or soft tissue injuries, consider treating with a Charlotte Chiropractor.

Statements Made To Insurance Companies—It’s OK to give a statement to an insurance company after the car accident. However, it’s important to be very careful when discussing the facts of the car accident. You can trust that the conversation will be recorded (NC is a “One Party” state). Additionally, the insurance company does not need to tell you they are recording the conversation. If you say anything which can be used against you, we can guarantee it will be.

Settling Your Claim Without An Attorney—There are certainly some claims which do not warrant the use of a personal injury attorney. When we speak with clients about those claims, we try to give them guidance and assistance to enable them to settle the case on their own. The large majority of car accident claims are well worthy of working with a personal injury lawyer. Your rights will be protected, your attorney will help to maximize the value of your claim, and you can let someone else do the work and the worrying for you.

Further Reading

We hope this article helped answer the question “How much is my car accident worth?” You can get more questions answered by reading over 100 articles we have written in our Personal Injury Blog on this site. We have articles covering everything from Medical Payments Coverage to determining a Fair Settlement amount.

Speak With A Personal Injury Lawyer Today

If you’ve been in a car accident and you’re wondering “How much is my car accident worth?”, get a case evaluation today by calling 704.749.7747 or clicking for a FREE CASE EVALUATION and we will reach out to you. There’s no obligation to hire us, and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

Protect Yourself From Scary Personal Injury Insurance Adjusters

Happy Halloween! Remember, in the personal injury world, it’s SCARY out there. Personal injury adjusters are not your friend. They are looking for ways to deny or de-value your car accident or slip and fall claim. The following tips can help you protect yourself in a personal injury claim and make sure you get treated fairly by the personal injury adjuster. If you’d like to speak with an attorney today, you can reach us at 704.749.7747 or click for a FREE PERSONAL INJURY CONSULTATION and we will reach out to you shortly. The call is free and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

Seek Treatment Quickly

One thing that scares us is clients who fail to seek treatment, or fail to finish treatment. If you don’t seek treatment soon after your car accident or slip and fall, the assumption is you were not hurt. If you don’t have health insurance, we know the cost makes it difficult to seek treatment. There are several hospitals and Charlotte Chiropractors who will treat you on a lien basis. This means, they will treat you without cost and wait for your personal injury settlement to finalize before they get paid. Additionally, you may have Medical Payments coverage and your personal injury attorney can help you claim it. Lastly, your personal injury attorney can typically negotiate some of your medical bills when settling your claim. This puts more money in your pocket. By seeking treatment early, you:

Establish your injury

Increase the value of your claim

Make a clear connection between the accident and your injury

Finish Your Treatment

Even though you may feel better, it’s important to follow your doctor’s direction. This means completing treatment including follow-up appointments. This insures you are brought back to full health, and also demonstrates the treatment was necessary. When a personal injury client stops treatment halfway through, the insurance adjuster will use that fact to claim the injury was not severe. Or, that the treatment was for the sole purpose of creating  a personal injury claim.

Tell Your Personal Injury Attorney The Truth

Your personal injury attorney is your best ally in a personal injury claim. Anything you tell the attorney is protected under attorney-client privilege. By arming your personal injury attorney with the facts—both good and bad—your attorney can strategize how best to support your personal injury claim with applicable law.

Here are some examples of ‘bad facts’ which can be often be overcome by your personal injury attorney. Again, what’s most important is making sure your personal injury attorney knows all the facts:

Whether you were taking medication at the time of the accident

Whether you had any alcohol the day of the accident

Prior or pre-existing injuries which may be discovered later

Whether you have filed previous personal injury claims

Keep Good Notes

One thing we encourage clients to do when they’ve been in a car accident or a slip and fall accident, is to keep notes about the accident. This should include what you remember about the facts leading up to the accident. It should also include the injuries and pain you’re feeling following the accident. These notes can be brought to the doctor’s office so that you don’t forget to mention them. Your injuries are typically documented by your medical records. If you don’t tell the doctor about the full extent of your injuries, the personal injury insurance adjuster will attempt to discount them. Again, the assumption is if you were really hurting, you would have told your doctor.

Further Reading

Supporting Your Personal Injury Claim

Don’t Settle Your Personal Injury Claim Without An Attorney

Speak With A Personal Injury Attorney Today

We firmly believe you’re better off with a personal injury attorney than without. Our experience has been that clients receive more fair treatment from insurance companies when working with an attorney. We can help you navigate working with a personal injury insurance adjuster. We’re happy to discuss your accident at no cost. There’s no pressure to hire us. You can reach us at 704.749.7747 or click for a FREE PERSONAL INJURY CONSULTATION and we will reach out to you shortly. The call is free and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

How Fast Can I File Chapter 7 Bankruptcy

Who Notifies Creditors About My Bankruptcy Filing?

The Bankruptcy Court notifies your creditors about your bankruptcy filing. The most common way that creditors find out about the bankruptcy filing is from a letter directly from the Clerk of the United States Bankruptcy Court.  All creditors listed in your bankruptcy schedules will receive notice of the filing. The form of the letter is known as a B-9A and it contains all kinds of detailed information about the filing.  It lists the debtor, the debtor’s address, and the last four digits of the Social Security number.  It names the attorney for the debtor as well as the address and the phone number.  Of course it has the case number.  It has the jurisdiction in which the case was filed and most importantly, it has the trustee as well as the date, time and location of the Meeting of Creditors.  There is also some information on the B-9A regarding what actions certain creditors can take or not take now that a case has been filed. Sometimes, the debtor may not want to wait for letters from the court to reach creditors. According to long time Chicago bankruptcy lawyer David Siegel:

In some situations, you don’t want to wait for the clerk to notify your creditors but you want to have your attorney send an Automatic Stay to the creditor in advance of receiving notice from the clerk.  This would be common if there is a garnishment or other type of court proceeding and you want the creditor to get notice immediately about your bankruptcy filing.  The Automatic Stay is a one-page document that gets sent to creditors either by fax or email notifying them that a case has been filed on your behalf and that certain actions cannot be taken.  Those actions include any type of effort to collect on a debt including sending statements, making phone calls or trying to attach bank accounts or wages.

Only Listed Creditors Will Receive Notice, So be Thorough

It is important to emphasize that only creditors listed on your schedules will receive notice of your bankruptcy filing. If you leave a creditor off your filing, they will not be bound by the discharge.

Having said that, if they do receive notice, they should immediately stop harassing you. If you are having problems with a particular creditor, notify your attorney.  He or she has the ability to send additional notices and motion to take that creditor before the bankruptcy court for sanctions.  Creditors are prohibited from attempting to collect on debts once they receive notice that a bankruptcy case has been filed.

The Bottom Line

As long as you follow the rule of full disclosure, and list all debts and assets, your attorney as well as the clerk will help make sure that each creditor is notified about your bankruptcy filing.

Further Reading

Can I Keep Credit Cards In Bankruptcy?

How Long Does Bankruptcy Take?

Speak With A Bankruptcy Attorney Today

Call us at 704.749.7747 to get your questions answered and take next steps toward filing bankruptcy in Charlotte, North Carolina. Or, click for a FREE BANKRUPTCY CONSULTATION and we will reach out to you shortly. The call is free and we’re here to help. We know you have options. We hope you choose to Recover With Us.