A personal injury blog containing useful information for anyone in Charlotte looking for information about personal injury or looking for a Charlotte personal injury attorney.

Car accidents in North Carolina most often result in injuries of some sort. When it comes to highway accidents, the chance of severe injury increases dramatically. Quite often, highway accidents involve commercial vehicles and the insurance companies that represent them. Injured parties find insurance companies are eager to settle in those situations, but generally this is a bad idea. Understanding your rights and making sure you’re represented by legal counsel in situations with severe injuries is of utmost importance.

Types Of Highway Accidents

Due to the high rate of speed, congestion and the potential for distraction, highways produce a wide range of accidents. A few common types of car accidents include:

Depending upon the conditions surrounding the accident, the injuries can range from minor injuries to fatality. Below is a list of common injuries we seek compensation for in our daily personal injury practice:

Settling A North Carolina Car Accident Claim

While most claims settle without the need to file a lawsuit, this is not an indication that you don’t need an attorney representing you. In fact, the threat of a lawsuit is often a critical component to reaching a fair settlement between the injured party and the insurance company. North Carolina claims have a few inherent challenges not faced by injured parties in other states.

First, we live in a conservative state. This means that juries generally return conservative verdicts for Plaintiffs, and are much less likely to try to ‘punish’ a defendant by awarding higher verdicts. States like Florida, for instance, are notorious for the opposite behavior of juries. Legal counsel for the defendant will use this information to argue a lower value for your personal injury claim. While historical data may support this contention in general, your personal injury lawyer will argue the specific facts of your case to distinguish it from other cases.

Second, North Carolina is a Contributory Negligence state. If you’ve read a few articles on our website you know what that means. If you haven’t, the rule is quite simple: if a jury finds that an injured party contributed 1% or more to the injury, the jury is instructed to give the injured party nothing. This differs from all but one other state, in that other states will instruct juries to simply reduce the verdict by the percentage of fault they attribute to the injured party. This again is used by defense counsel to lower the value of your case by threatening that a jury could easily find you contributed 1% to the injury and award you nothing. Personal injury lawyers are accustomed to these assertions, and your lawyer will demonstrate to defense counsel the reasons why the assertion is incorrect or not to be relied upon. Often this brings the party back to the negotiation table.

The High Stakes Of Highway Injuries

Whether you hire our firm or another personal injury firm, we strongly recommend you work with a personal injury attorney to help you navigate personal injury claims arising from highway accidents. We understand individuals are nervous that the attorney fee is taking money out of their pocket. We have found that in more instances than not, this is not the case. Your personal injury lawyer will work to maximize the settlement offer, and can often negotiate your medical billing for you as well. These combined advantages typically more than make up for the personal injury lawyer’s fee. In addition, this means someone else is working your case for you, communicating with the adjuster, and assuring that you’re not compromising by accidentally signing documentation waiving your rights.

Speak With A Personal Injury Lawyer Today

Personal injury law firms offer free consultations. It’s part of the job. There’s no pressure to move forward, and you deserve to understand your options. If you’d like to speak with a lawyer today, call 704.749.7747 or click HERE to request a call from us. You’ll be contacted directly by the attorney, and you’ll get a chance to get your questions answered. We know you have options. We hope you choose to Recover With Us.

Soft Tissue Injury Settlements

In the world of Personal Injury, most accidents result in soft tissue injuries. Among Charlotte personal injury lawyers, these are commonly referred to as MIST (Minor Injury Soft Tissue) cases. The truth is, a soft tissue injury can result in a great deal of pain and suffering, combined with months of rehabilitation. Furthermore, lingering pain is often a part of life for victims of soft tissue injuries. So, how are these injuries compensated for in the personal injury setting?

Working Without A Personal Injury Attorney

While there are variations, if you choose to work without a personal injury attorney on a soft tissue injury settlement, you will probably be offered your medical bills plus roughly $750.00 for pain and suffering. Each case is unique of course. However, insurance companies often group soft tissue injuries together. We receive calls in our office every day from individuals who have tried to settle without a lawyer and this is typically what they are being offered.

Calculating The Value Of The Injury

Any personal injury calculator you find online is doomed to reduce your unique situation to a logarithm or a generic calculation. We have found that the value of each claim depends on the specifics of the injury, the facts leading up to the injury, and the individual involved. Here are a few examples, which we believe shed light on the difference between numerous soft tissue injury settlements:

Example 1: The Pregnant Passenger–This individual suffers a soft tissue injury as a result of being a passenger in a vehicle. She is pregnant at the time and as a result can’t take pain medication to alleviate the pain from the accident. Physical therapy is taxing on her because she is pregnant. She has no lost wages because she was a stay at home mom; however, she was unable to perform her household duties during recovery.

Example 2: The High School Driver–This individual suffers a soft tissue injury as a result of a car accident which was not his fault. He successfully completes physical therapy and chiropractic treatment; however, he misses his senior year of track and field. He was expected to set a school and county record in the 1600m that year, but because of the accident never got a chance to do so. He has some lost wages from a part-time job he worked to help his family, and because of his inability to contribute the family was evicted from their apartment.

Example 3: The Autistic Child–This child suffers a soft tissue injury as a passenger in a car accident. In addition to the treatment the other two individuals above needed, she continues to suffer PTSD from the accident. Her therapist does not know how much more treatment she will need. The child’s mother indicates even months after the accident the child still suffers routine nightmares from re-living the accident in her mind.

Convincing An Insurance Adjuster Of Value

Your personal injury lawyer’s goal is to get you a fair settlement. While there are numerous ways to define this, quite often the lawyer will strive to obtain the highest offer and help you decide whether to accept that offer. The following factors are typically relevant to the insurance adjuster when deciding the value of your claim:

Appropriate Treatment For The Injury–Adjusters will refuse to give ‘value’ when they perceive the client has over-treated for the injury in an attempt to create a more valuable claim.

What Would A Jury Do—While neither the adjuster or the personal injury lawyer truly know how a jury would value the case, they can make their best guess. If the plaintiff is a likeable and sympathetic individual, it helps. If there is an argument that the injured party contributed in some way to the accident, it hurts. Insurance adjusters will adjust their offer up or down depending upon their perception of how the case would ‘appear’ to a jury.

Causation—Quite often insurance adjusters raise the issue of Causation in evaluating a claim. If the car accident occurs on July 1st and you don’t receive treatment until September 15th, you can expect some push-back from the adjuster. They may even ask if perhaps another injury occurred between July 1st and September 15th. Additionally, minor accidents typically don’t give rise to major injuries. There are exceptions, but adjusters are always looking for a way to discount the injury.

Special Damages—As outlined in the examples above, sometimes there are special damages which change the value of the claim. Lost wages, missed social occasions (Weddings, Graduations, etc.) all contribute to the value of the claim. These are also appealing to a jury as they humanize your client and remind them the accident had ramifications beyond the medical records.

Speak With A Personal Injury Lawyer

Speaking with a personal injury lawyer is easy. We are accustomed to listening to your story, asking a few questions, and helping you understand your options. Phone consultations are free and you should take advantage of the opportunity to speak with a lawyer. You can call us at 704.749.7747 or click HERE to request a call from us. We know you have options. We hope you choose to Recover With Us.

We have settled several personal injury claims involving fractured or broken legs. Some of these claims involved slip and fall injuries, and others involve car accidents. Depending upon the facts surrounding an injury, you can achieve dramatically different results. This is why working with a Charlotte personal injury lawyer is an important part of your case.

How Do You Break Your Leg In A Car Accident

It may seem odd to break your leg or ankle in a car accident. First, you generally place your foot on the brake at the time of impact. This is simply instinct. Second, your leg tends to be in a locked position when engaged with the brake. Finally, due to the impact of the car accident, many victims find all their weights comes to bear on the leg engaged with the brake pedal. The force pushing through the leg causes the break or fracture.

What Types Of Breaks Occur In A Car Accident

You may fracture or break your tibia or fibula in a car accident. These are the bones in the lower leg. You might also suffer a torn meniscus or ACL injury, though these are more common in slip and fall injuries. A broken thigh bone or femur is another common injury due to impact from car accidents.

The Value Of Your Broken Bone Claim

As mentioned before, depending upon the facts surrounding your injury, the value of your claim may differ. If the insurance company defending the other driver believes the accident was partly your fault, they may argue for less than 100% value to be paid to you as part of a personal injury settlement. This happens more commonly when the impact is not due to rear-end impact. Additionally, if you suffer a broken bone in a slip and fall injury, you will find the first line of defense from the adjuster will be Contributory Negligence. Essentially, they will argue you weren’t watching where you were going, or were wearing the wrong type of shoes. Their offer to settle will be reduced, based on these facts.

If your injury gives rise to lost wages or special damages, the value of your claim will also be affected. Your personal injury lawyer can help you verify lost wages and defend your right to be compensated for lost wages. If you are self-employed, you’ll find unique challenges when presenting lost wages to insurance adjusters.

The Importance Of Working With A Lawyer

Not every personal injury claim requires the help of a personal injury lawyer. There are times when using a personal injury lawyer might out-weigh the benefits. In our experience, we are happy to give you advice on how to settle those claims on your own. However, the vast majority of clients find they get better results with the help of a personal injury lawyer. There’s no cost to hire our firm, and we don’t get paid unless you get paid.

Talk To A Charlotte Personal Injury Lawyer Today

Call 704.749.7747 today to speak with a Charlotte personal injury lawyer. Or, click HERE to request a call from us. Phone consultations are free. We know you have choices, and we hope you choose to Recover With Us.

the other driver is lying about the accident

If you’ve been in a Charlotte car accident with a drunk driver, you should strongly consider hiring a Charlotte personal injury lawyer to assist you. This article addresses some unique concerns to a Charlotte car accident involving a drunk driver. We hope it’s helpful to you.

Drunk Driving Statistics

In 2015, according to the National Highway Traffic Safety Administration, 35,092 people were killed as a result of driving accidents. Drunk driving was involved in 10,265 of those accidents. That is roughly 29% of all traffic fatalities. The desire to limit these unnecessary fatalities allows punitive damages in many drunk driving accidents.

Punitive Damages In Drunk Driving Accidents

If you were injured or if a family member was killed by a drunk driver, you may be entitled to punitive damages. Punitive damages are distinguishable from compensatory damages. Compensatory damages are meant to make the victim whole again. They often include repayment for medical bills, lost wages, pain and suffering, and permanent disability. Punitive damages are meant to punish or deter the at-fault party and others. By allowing a jury to award punitive damages, the court send a message to all future offenders. The hope is that the threat of a large verdict against you will prevent you from driving drunk.

The aggravating factor in a drunk driving accident is willful and wanton conduct. This aggravating factor, codified in North Carolina General Statutes Chapter 1D. Willful and wanton conduct is defined as “the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damage, or other harm. Willful or wanton conduct means more than gross negligence.” When a victim is able to establish this requirement they are able to recover punitive damages in a North Carolina drunk driving accident.

Attorney Fees In Drunk Driving Accidents

Like all other personal injury claims our firm handles, our firm is paid on a contingent fee basis. This means that unless we are able to obtain a settlement for you, you do not owe us anything. In a situation of a Charlotte car accident with a drunk driver, that fee structure remains the same.

Speak With A Charlotte Personal Injury Attorney Today

The consultation is free. Call 704.749.7747 to speak with a Charlotte personal injury lawyer in our office today. We consider it part of our job to provide answers even if you don’t choose to hire us. You’re entitled to understand your rights. We know you have choices. We hope you choose to Recover With Us.

If you’re searching for a “Personal injury lawyer near me,” most likely you’ve been in a car accident or had a slip and fall at a grocery store or retail store. Finally, you may need to speak with someone regarding Workers’ Compensation. The Layton Law Firm’s office is in Charlotte, North Carolina and we handle personal injury claims across the state of North Carolina. Quite often, we can come to you, to sign paperwork.

After your accident, establishing a relationship quickly with a personal injury lawyer is important. Your personal injury lawyer will notify the insurance company that you are represented, and help you take next steps to preserve your rights.

Personal Injury Free Consultation

One way to get information quickly is with a personal injury free consultation. This can be done over the telephone. During this call you’ll speak directly with a Charlotte personal injury lawyer. First you’ll be given a chance to tell your story. Second, the lawyer will ask a few questions to help clarify the facts. Finally, the lawyer will try to advise you as to whether you have a personal injury claim worth pursuing.

If you decide with the attorney that you would like to pursue your claim, an in-person meeting can be arranged quickly after the phone consultation. In many cases, we are available to meet you at a location of your choosing to further discuss your case. Getting to know one another in person is important because in many cases you will be working with your personal injury lawyer for a long time.

Personal Injury Lawyer Fee Agreements

If you do move forward with representation by a personal injury lawyer, you’ll find that most personal injury lawyer fee agreements are written in your favor. Generally, you do not owe the personal injury lawyer or law firm anything unless they are able to obtain a settlement or jury verdict for you. If your personal injury lawyer does obtain a settlement for you, the standard fee is one third of the total settlement.

Your personal injury lawyer’s fee agreement should also mention any costs associated with obtaining records and negotiating medical bills on your behalf. Lastly, the agreement should address Medical Payments claims. You should fully review the agreement prior to signing it, and ask questions of the personal injury lawyer about any language in the agreement which is unclear to you.

If you searched for “Personal injury lawyer near me,” we are glad you found this article, and we would love to speak with you. The call is free, and helping individuals understand their options is part of our job.

Speak With A Personal Injury Lawyer Today

Whether clients are searching for a “Personal injury lawyer near me” or simply searching for a personal injury lawyer who can answer some questions, we are here to help.

It’s easy to get started. Simply call 704.749.7747 to speak with a personal injury lawyer today, or click HERE to request a call. You will be contacted directly by a personal injury lawyer, and by the end of the call you should understand your options. We know you have choices. We hope you choose to Recover With Us.

Truck accident attorneys in Charlotte, North Carolina can assist you when you’ve been injured in a car accident involving a tractor trailer, a semi truck, or any commercial truck. This article discusses the primary concerns regarding truck accidents in Charlotte, North Carolina. Below, you’ll find tips on why you should hire a personal injury attorney to help.

Commercial Liability In Truck Accidents

When you’re involved in a truck accident in Charlotte, North Carolina, your Charlotte personal injury attorney will work to establish commercial liability. This connection to the commercial owner of the truck is important because you want to pursue the commercial insurance carrier. You’d rather pursue them than the insurance carrier of the individual driver.

The primary reason for pursuing the commercial insurance carrier is they generally carry more insurance than an individual driver. The commercial policy will most likely have between $500,000 and $1,000,000 of insurance available for your medical bills, pain and suffering, and lost wages associated with the accident. Second, in a personal injury trial, a jury is more likely to hold a commercial entity more responsible than an individual driver. Juries are human beings. In plenty of instances they may feel sorry for an at-fault driver for some reason, and offer the injured party less money. However, if the party paying the bill is a corporation, the jury will not feel the same empathy for the corporate entity. Finally, juries tend to believe that a corporation has an affirmative responsibility to operate their vehicles safely. In some instances, punitive damages can be awarded when the corporation fails to do so. Your Charlotte, North Carolina truck accident attorney can tell you more about these specific situations.

Severe Injuries In Truck Accidents

Where an accident involves a semi truck or a tractor trailer, more often than not, the injuries are more severe than those involving two smaller vehicles. Hiring a truck accident attorney will insure you that you have someone representing you who can maximize the value of your claim. Your attorney does this by thoroughly reviewing the medical records and billing, and arguing the full extent of your injuries on your behalf. With more severe injuries, there are lingering symptoms and pain and suffering long after treatment is completed. You may even settle with a trucking company’s insurance company with a hold-back for future medical treatment, if necessary.

The larger policy limits carried by most commercial truck owners will benefit the injured party and insure there is enough money to fully compensate you for your injuries. Additionally, insurance adjusters who handle claims for their corporate clients who operate trucks on the streets and highways of Charlotte, North Carolina are experienced. They are aware of the significance of the injuries resulting from truck accidents. Your personal injury attorney and the insurance adjuster will most likely be able to agree on the severity of the injuries and work toward a fair settlement for you.

Personal Injury Lawsuits Involving Truck Companies

If your personal injury attorney is unable to negotiate settlement for you, or if you are not interested in accepting the settlement offer from the insurance company, filing a lawsuit is the next step. Your attorney can advise you as to the odds of receiving a jury verdict large enough to warrant filing a lawsuit and the decision will be yours. Generally, juries will view your situation more favorably because you were the victim in an accident involving a commercial vehicle. Juries tend to treat these accidents differently than an accident involving two similar individuals driving privately owned vehicles.

Speak With A Truck Accident Attorney In Charlotte, North Carolina

If you’ve been in an accident involving a commercial vehicle, speak with a Charlotte personal injury attorney today. Whether the vehicle is a trash truck, a delivery truck, or any other large commercially operated vehicle, you deserve to understand your options. You can call us for a free consultation at 704.749.7747 or click HERE to quickly request a phone call. We know you have options. We hope you choose to Recover With Us.

Child Attorney

If you have a minor child injured in North Carolina, you may want to speak to a Child Injury Lawyer in Charlotte, NC. When a child is injured in a pedestrian accident, a slip and fall, or a car accident, you may be able to recover from the at-fault party.

What Makes A Good Child Injury Lawyer?

Generally, a personal injury law firm that handles claims on behalf of adults is competent to handle claims for children or minors. We have found over the years that the ability to connect with the child is a critical element to successfully negotiating personal injury claims involving children. Quite often, the child’s story or version of the facts may change, because their memory is different from the memory of adults. Your personal injury attorney will be able to assist in helping the child clearly remember the facts, without attempting to change or distort them.

Connecting with a minor or a child is a critical part of a healthy attorney-client relationship. While a parent or a Guardian Ad Litem will ultimately represent the child’s best interests, the child’s interaction with the law firm should help the child feel comfortable and protected. Great personal injury attorneys understand that a different set of communication skills is necessary to accomplish these tasks when a child is involved.

Will We Have To File A Lawsuit For A Minor?

Some claims settle without the need for a lawsuit; however, if the claim is to be settled for more than $5,000.00, the insurance company will typically require court approval. The reason for doing so arises out of a fear that when the child reaches the age of majority, they could argue that the insurance company treated them unfairly. By requiring court approval for the settlement, the insurance company is protected. Additionally, parents are protected in this environment as well. If you reach a settlement agreement prior to filing the lawsuit, the lawsuit is typically referred to as a “Friendly Lawsuit” and will not involve depositions, or having the child take the witness stand. The parties are simply asking for court approval for the settlement amount.

Should We Speak With A Charlotte Personal Injury Attorney?

If your minor child has been injured and you believe another party may be at fault, you should speak with a child injury lawyer in Charlotte, NC. The call is known as a consultation, and it is free. Our goal is to provide you with advice and to help you understand your options. You can call us at 704.749.7747 or click HERE to request a phone call. We know you have options. We hope you choose to Recover With Us.

Personal Injury Claims For Children

Children under the age of 18 are protected in North Carolina and offered the same compensation for personal injuries as adults. A child under the age of 18 is typically referred to as a Minor, but the two terms are interchangeable for this article about personal injury claims involving children.

Personal Injury Claims Involving Children Or Minors

Children are often involved in the same type of accidents as adults. While children may not be driving an automobile, they are often injured as passengers. Pedestrian injuries involving minors are also very common. Our firm has handled several pedestrian claims for minors over the years. Lastly, a child can sustain an injury from a slip and fall accident in a grocery store or retail store much the same way as an adult can, and with similar injuries.

What Is A Fair Settlement For A Child?

A child’s settlement will be based upon primarily the same factors as a settlement for an adult. In personal injury claims involving children, the cost of medical treatment will be considered. Pain and suffering will also be taken into account. To the extent there is a permanent disability resulting from the injury, a child will suffer that disability for a greater number of years than an adult, and that will also be considered.

Does The Settlement Need Court Approval?

Many settlements for personal injury claims involving children or minors can be handled without court approval. A parent or guardian must consent to the settlement amount, and the funds will be delivered to the parent or guardian. Whether a settlement for a minor needs court approval is often determined by the insurance company authorizing the settlement. The primary reason an insurance company would demand court approval for a minor settlement is a fear of the minor later coming back to claim the settlement was no a fair settlement.

Does A Lawsuit Need To Be Filed?

If court approval is required by the insurance company then yes, a lawsuit will need to be filed and a Guardian Ad Litem appointed. This is usually a parent, but is essentially someone to represent the child’s best interests. While a lawsuit does need to be filed, this is often referred to as a “Friendly” lawsuit. It is one in which the parties have already agreed to the settlement amount, and they are simply seeking court approval for it. The court will be sure that the settlement is fair, all things considered. The court will probably also hold the funds in trust for the child or a separate trust will be set up for the child, to be delivered to the child upon reaching adulthood.

Speak With An Attorney Today

If you are the parent or guardian of a minor child and would like to speak with a Charlotte personal injury attorney about their injury, we’re here to help. Consultations are done by phone or in person, and are absolutely free. Call 704.749.7747 or click HERE to request a call from us. We hope you choose to Recover With Us.

Personal Injury Calculator

We have found that our personal injury clients simply want to be treated fairly by insurance companies. Deciding what is fair treatment can be a difficult proposition. The definition of a fair settlement changes depending upon the facts surrounding the accident. Lastly, because each case is unique, hiring a personal injury lawyer to assist you can make all the difference. While settling your claim without a personal injury lawyer is possible, we have found clients receive better settlements with the help of an attorney.

How Is My Settlement Calculated?

A NC personal injury calculator can be quite misleading. Most personal injury settlements are based upon a combination of compensation for Medical Bills, Lost Wages, Pain and Suffering, and Special Damages. Because the facts surrounding each accident are different, these calculations may be adjusted in numerous ways. For instance, the same injuries sustained in a rear-end collision may receive a higher settlement than those sustained in a slip and fall accident. The reason for this is the insurance company defending the case may believe you contributed to the slip and fall injury, and will discount the settlement accordingly. This is the concept of Contributory Negligence, and it can result in no recovery at all.

Will I Receive A Breakdown Of My Settlement Calculations?

Generally, no. Your personal injury lawyer will submit a detailed demand package which sets out a theory of liability, medical treatment, and damages. That demand package will include specific amounts for medical bills, lost wages, and any additional damages. However, the insurance company’s offer of settlement will typically be a lump sum amount. To help you understand the settlement offer, we will show you how your personal injury settlement proceeds will be applied to your case, and show you a final amount which you will receive.

While some clients desire to know specifically how much the insurance company is allotting for medical bills, lost wages and pain and suffering, the easiest way to think about your settlement is in terms of how much you will receive after payments to all parties have been made. You should know this amount prior to accepting your personal injury settlement. This is generally presented to you by your personal injury lawyer in the form of a Settlement Statement.

Is There An Online NC Personal Injury Calculator?

If you find an online personal injury calculator, you should be weary of it. The value of your settlement will depend upon so many very specific factors, and a calculator simply can’t account for all of them. If each claim was exactly alike, the need for representation by a NC personal injury lawyer would not be as important. Because each claim is unique, the expertise your personal injury lawyer has will increase the value of your claim as the lawyer argues the value of your claim with the insurance adjuster.

What Factors Will My Attorney Argue About With The Adjuster?

First, your attorney must put forth a theory of liability to establish the other party was at fault. If you were rear-ended, this is admittedly easier in North Carolina. In a multiple vehicle “pile up”, this task becomes much more difficult. The same is true of a slip and fall in a grocery store or retail store. The insurance adjuster will argue, for instance, that you contributed to the vehicle accident, or that you contributed to the slip and fall in some manner. They will use this theory to de-value your claim, no matter what the injuries were.

Successful arguments related to the following items can make all the difference:

  • Lost Wages – Your attorney will establish you actually lost wages due to the accident. We negotiate lost wages where adjusters believe the injured party should have returned to work more quickly.
  • Medical Bills—Quite often the insurance adjuster will argue the injured party received ‘excessive treatment’ and will not want to pay for all of it. Your personal injury lawyer will examine the treatment notes and defend the treatment you received as necessary and ordinary for the injuries.
  • Pain and Suffering—Your personal injury attorney will tell the story surrounding your injury. This humanizes you in the eyes of the insurance adjuster and when done convincingly, increases the value of your claim.
  • Special Damages—If the injury you sustained led to missing out on important life events (A wedding, or a graduation, for example), the attorney will put the adjuster on notice of those Special Damages and argue for compensation related to them.
  • Threat of Lawsuit—Perhaps one of the strongest reasons for employing a personal injury lawyer is that the insurance company sees the case differently when negotiating with a lawyer. They know if a resolution can’t be reached, they face having to defend a lawsuit which could cost them considerably.

What Are My Next Steps

If you’ve been injured in an accident of any type, you should speak with a NC personal injury lawyer. Our firm—and most firms—offer free consultations by phone or in person. There is no commitment to hire us, and the goal is to help you understand your options. You can call us at 704.749.7747 or click HERE to request a phone call. We know you have choices. We hope you choose to Recover With Us.

Injury Claim

Car accidents and slip and fall accidents can turn your life upside down in an instant. Some injured individuals assume they automatically have a personal injury claim against the driver who hit them. Some injured individuals think the grocery store where they slipped and fell should always compensate them. Whether you have a personal injury claim or not depends on the facts.

Did The Other Party Owe You A Duty?

In order for someone to be responsible for your injury they must first owe you a duty. Typically, that duty is one of Reasonable Care in the situation. A grocery store owes its customers a safe environment, free from hazards. Another driver owes the drivers around them. Namely, the duty to avoid causing injury to others.

Did The Other Party Breach Their Duty?

Once it is determined a duty was owed, you must next establish that duty was breached. In a grocery store slip and fall, an example would be if a store left standing water on the floor for an hour while shoppers were using the store. Or, if a grocery store was on notice that a cooler was leaking and failed to fix that cooler. If the water from the cooler leaked onto the floor, the duty was breached.

If another driver drives excessively fast, or leads police on a high speed chase and causes an injury to you, there is a good argument that driver has breached their duty to you. Generally, in North Carolina, if you rear-end another driver, you will be judged to have breached your duty to them. Therefore, a failure to leave enough stopping distance is a breach of duty.

Did The Other Party’s Actions Cause Your Injury?

Many times, when negotiating a personal injury claim, insurance companies want to argue over pre-existing injuries. If you fall in the grocery store and require surgery, the store wants to know if you already needed the surgery, prior to the date of the fall. If your primary complaint is back and neck problems, the store will want to know if you have a history of neck and back problems. Essentially, the at fault party is only responsible for the injury they caused—not for any injury you already had, or for any injury another party caused.

Do You Have Damages?

There are many times where a duty is owed, the duty is breached, but there are no damages. For instance, if someone is rear-ended by a vehicle traveling at 5mph. While technically speaking there was an accident, you would have a difficult time proving a bodily injury came about as a direct result of the injury.

Speak With A Charlotte Personal Injury Lawyer Today

If you’ve been in an auto accident, or a grocery store flip and fall, you may have a personal injury claim. Call us today at 704.749.7747 to discuss your personal injury claim. We’re here to help you understand the options and you don’t owe us anything unless we reach a settlement for you. Or, if you’d like to schedule a free consultation by email, click HERE and we’ll reach out to you to set up a time to talk. We know you have choices. We hope you choose to Recover With Us.