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Car Accidents

Contusions From Car Accidents

Our clients’ medical records often reflect contusions from car accidents. Often, insurance adjusters seek to minimize the impact of contusions when it comes to settlement offers. Working with a personal injury lawyer will help to make sure you are treated fairly when you reach a personal injury settlement.

What Is A Contusion?

A contusion is a condition where a capillary or blood vessel is leaking into the surrounding area. While it can be painful and take time to heal, put more simply, a contusion is a medical term for a bruise.

Soft Tissue Contusions From Car Accidents

The most common type of contusion is a a soft tissue contusion. Muscle contusions are bruised muscles or tendons. These can result from impact with your dashboard or steering wheel in a car accident. You will have some or all of the following symptoms:

Discoloration

Swelling

Stiffness

Soreness

While you should seek medical attention for your injuries, there is not much a physician can do to treat a contusion. They will recommend Rest, Ice, Compression and Elevation or “RICE”. They will also prescribe anti-inflammatory drugs to help reduce the pain and inflammation. Lastly, they may recommend a brace or wrap to keep the area in place while it heals.

Bone Contusions From Car Accidents

A second type of contusion is a bone contusion. While the end result is similar to a soft tissue contusion, bone contusions are less common. They also take more time to heal. Whereas a muscle contusion may take a few days to a few weeks, a bone contusion can take a few months to heal.

How Do I Know If I Have A Broken Bone?

Quite often, doctors will take x-rays or an MRI to confirm that your condition is in fact a contusion and not a broken or fractured bone. This is simply a process of elimination. While an x-ray won’t show a bone bruise, it can help to eliminate a fracture as the culprit.

What Is A Contusion Worth In Personal Injury?

Your personal injury claim is made up of numerous elements. While a contusion alone is not a high value personal injury, you deserve to be treated fairly by the insurance company for the at fault driver. A personal injury lawyer can help to build your case from many aspects—lost wages, pain and suffering, and special damages.

Contusions from car accidents help to tell the story of the accident. A contusion on your head or face shows you made contact with your vehicle upon impact. While the injury alone may not give rise to a large personal injury settlement, it helps to establish the violent nature of the car accident.

Speak With A Personal Injury Lawyer Today

If you’ve been in an accident and would like advice, we’re here to help. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION. We know you have choices. We hope you choose to Recover With Us.

When someone is involved in a pedestrian personal injury involving an automobile, the results are often heartbreaking. The Layton Law Firm began its reputation for representing pedestrians by successfully represented a 17-year-old boy who was seriously injured by a driver, while crossing a busy Charlotte street at night. After fighting a denied claim and ultimately prevailing against the insurance company for the child and his family, we made it a priority to fight hard for injured pedestrians.

We currently represent numerous pedestrians in personal injury and wrongful death actions. We take each law firm client’s injuries seriously, but injuries to children and pedestrians are specifically important to us because of the extreme nature of the injuries and the age of the individuals involved. As a result, children and pedestrian injuries have become a passion of ours. Unfortunately, winning a pedestrian claim can be an uphill battle requiring persistence, creativity, and diligent pursuit of recovery.

Don’t Pedestrians Always Have The Right Of Way?

This is the question always asked when there is a pedestrian injury. As a Charlotte pedestrian personal injury lawyer, unfortunately I find myself quite often answering “Not always”. While pedestrians often start with a presumption of right of way, they can easily forfeit it by being too far outside a crosswalk, crossing the road at a non-designated spot, or being inebriated. In fact, there are some instances where a pedestrian actually must yield to the motorist.

How Do I Preserve The Pedestrian Right Of Way?

There are a few guidelines which will help preserve your right of way as a pedestrian. Always strive to:

  • Walk with the cross-walk signals
  • Stay inside specifically marked cross-walk pathways
  • If a sidewalk exists, use the sidewalk (and not the roadway)
  • Electric wheelchair users: follow the rules for pedestrians, NOT for vehicles

Do Drivers Have Responsibilities To Pedestrians In NC?

Yes, there are. Even in a situation where a pedestrian may have yielded the right of way, the operator of a motor vehicle must still exercise reasonable care to avoid colliding with a pedestrian in the roadway. The doctrine of Last Clear Chance can also be applied, and your Charlotte Pedestrian Personal Injury Lawyer will discuss it with you. Essentially, it says that even if a pedestrian has forfeited the right of way, if the operator of the vehicle has the last clear chance to avoid an accident, he or she must avoid the accident. This doctrine applies in other personal injury situation as well, such as automobile accidents between the operators of two vehicles.

How Can A Personal Injury Lawyer Help?

A Charlotte personal injury lawyer will help to make sure you are treated fairly. Insurance companies often deny pedestrian claims based on contributory negligence, or some other factor. An aggressive legal strategy can often overcome this denial and help achieve a fair result. It is our opinion that pedestrians make good plaintiffs.

When an insurance denial is met with a threat of a lawsuit, quite often we are able to reach settlement before entering the courtroom. In most cases, an insurance company does not want to appear in court against a pedestrian, because it shows an unwillingness to settle the case or to be reasonable in accepting liability for the plaintiff’s injuries.

Pedestrian injuries also often lead to large medical bills. Your personal injury lawyer will not only work to secure a fair offer for you, but can also negotiate some of your medical billing. The end result is you end up with more money in your pocket. The ability to negotiate these bills stems from the attorney’s understanding of N.C.G.S. 44-49 and 44-50, which is a limiting factor when it comes to liens resulting from medical treatment related to the injury.

You deserve to have someone fight for your rights. Insurance companies are focused on the bottom line. We focus on the client.

Speak With A Charlotte Pedestrian Lawyer Today

If you were a pedestrian, and you were hit by the driver of an automobile or motorcycle, please call us at 704.749.7747. Or, if you’d like us to call you, just click HERE to request a call online. An attorney will be happy to discuss your rights and provide you guidance, at no charge. There’s no obligation to hire us but we hope you’ll choose to Recover With Us.

If you need a free copy of your accident report, we’re happy to obtain that for you as well– just click HERE to request one and simply let us know the date of your accident, the location, and your full name.

Car Accident While Pregnant

In A Car Accident While Pregnant

We have represented numerous clients who have been in a car accident while pregnant. Fortunately, in each case we have worked on, the child has been born healthy. If you would like to speak with us about how your claim is different when you’re in a car accident while pregnant, please call 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out shortly.

Is My Accident Worth More Because I’m Pregnant?

Generally, your accident isn’t worth more simply because you’re pregnant. However, there are a few factors which may contribute to your case being worth more. These factors tend to exist due to the pregnancy.

  • Inability to take pain medication—If you’re in a car accident while pregnant, generally you can’t take pain medication due to the pregnancy. This means that your pain and suffering isn’t reduced by the medicine you would otherwise be able to take. As a result, we always calculate additional pain and suffering in car accident claims where our client is pregnant.
  • Stress and anxiety—In addition to the reasonable amount of stress and anxiety individuals experience as a result of a car accident, an expecting mother is concerned for her unborn child. While stress and anxiety are hard to calculate or ‘monetize’ in a personal injury claim, if you seek treatment to help you cope with stress and anxiety after the accident, this will establish proof of your experience.
  • Treatment Options Limited– Your treatment options are limited when you’re pregnant. Not only are you limited in Pain Medicine During Pregnancy, but there are also procedures physicians can’t perform if you’re pregnant, and those could increase your healing time or pain and suffering.

Does My Unborn Child Have A Personal Injury Claim?

Generally, no. Your unborn child does not have a personal injury claim. However, if they are born with a defect as a result of the car accident, that could change and they would need legal representation. A guardian ad litem would be appointed for the child (typically a parent) and a claim could be brought before the court on behalf of the minor child, if a Minor Child Settlement is reached or if the case needs to go before a jury.

While your unborn child doesn’t have a claim, your claim value should be adjusted to reflect the fact you were in a car accident when you were pregnant. Your personal injury lawyer will be sure to include a section in your demand package devoted to acknowledging the unique nature of your claim due to the pregnancy.

Is There Any Special Medical Treatment I Need?

If you were in a car accident while pregnant, you should not only consult with your primary care physician and emergency physicians, but you should also see your obstetrician-gynecologist and of course they will be attentive to the fact you were in a car accident.

Speak With A Lawyer Today

You deserve to know your rights. Call us at 704.749.7747 today to discuss your car accident. Or, click for a FREE CASE EVALUATION and we’ll call you shortly. We know you have options. We hope you choose to Recover With Us.

What Is The Car Accident Lawyer Process Like?

The car accident lawyer process, or working with a car accident lawyer, should be a painless experience for the injured party. Though, what probably comes as the biggest surprise to clients who hire a personal injury lawyer is the amount of time it takes to settle a claim.

In order to be sure to get maximum value for your personal injury settlement, your personal injury lawyer must put together several different aspects of your claim. Ultimately, these will be compiled and make up your demand package. Your demand package is a combination of the law firm’s theory of liability against the insurance company, supported by claims of damages directly related to the accident.

The Intake Process

The first step in understanding your car accident or slip and fall claim comes from the intake process. Some intake is done during the FREE CASE EVALUATION or phone consultation. During this time, the lawyer begins to understand the basic facts surrounding your accident. This includes a review of the police report, a discussion with you, and potentially a discussion with any witnesses who may have seen the accident.

Establishing The Claim

Once the intake is completed, we will start a claim for bodily injury with the insurance company representing the at-fault party. This serves to stop communication from the insurance company to you directly. It also puts the insurance company on notice that they have a potential lawsuit against them for the acts of one of their drivers.

The typical response from the insurance company is that they are investigating the claim, and they request we send them our theory of liability together with all documentation of injuries.

Confirming You Injuries And Treatment

If you are still treating, we will stay in touch with you periodically to confirm your treatment status. Once you have completed your treatment, we quickly place orders for all medical records and medical treatment you received from all providers. These serve to prove your injuries and establish your medical billing associated with the claim. Some of your billing will constitute medical liens which need to be paid through your settlement per federal or state law.

Establishing Medicare, Medicaid and ERISA Liens

While a medical provider can claim a lien against your settlement proceeds, they must do it by taking affirmative action. Medicare, Medicaid and some health insurance companies (ERISA LIENS) automatically have a lien created in their favor, depending upon whether they treated you for injuries related to the accident. It is your personal injury lawyer’s job to identify these liens and to be sure to address them from your settlement proceeds. A failure to do so can be catastrophic for you, financially. Identifying the liens prior to reaching a settlement ensures that your settlement is high enough to pay the liens and adequately compensate you for your loss.

Establishing And Documenting Lost Wages

If you have lost wages from your accident, your attorney will have your employer sign a Lost Wages Affidavit in conjunction with your demand package. This affidavit will be submitted in support of being reimbursed for lost wages. Quite often, your personal injury lawyer will need to defend the hours you missed, provide proof of income prior to the accident, and show your employer is being honest about the hours you missed and your rate of pay. Your medical records must also support the lost wages affidavit with notes indicating your physician wrote you out for work for the days in question.

Negotiating The Claim To Settlement

Negotiating your claim to settlement is a lengthy process. Insurance companies are notorious for low offers. They make attempts to de-value the medical treatment you received, and argue balances of your medical bills, lost wages, and pain and suffering. They attack your personal injury lawyer’s theory of liability and claim Contributory Negligence as a way to offer a lower settlement amount. We are accustomed to these strategies and we will defend against them at every turn.

Negotiating Your Medical Bills

Once we have decided together that you have your top offer, we will ask for your authority to negotiate your medical bills. While not all medical billing providers will reduce their billing, this quite often results in the lowering of your medical billing just prior to settlement. This serves to do one thing—put more money in your pocket. By minimizing the amount of your settlement that must go toward satisfying medical bills, we increase the amount you receive.

Receiving Your Check

The last aspect of your car accident lawyer process is distributing funds. Once you’ve reached settlement and signed a release for the settlement amount, your check typically arrives a week later. Your car accident lawyer process requires your car accident lawyer to deposit the funds into their NC State Bar trust account, and one day later we can disburse the funds to you and your medical providers. We also get paid at this time. You will sign off on a balance sheet or settlement sheet showing you all incoming funds, together with all disbursements. This way you know where every penny of your settlement funds went.

Tax Free Nature Of Settlement Proceeds

Most personal injury settlement proceeds are tax free. Exceptions would be where the settlement is specifically allocated to lost wages. In your typical injury settlement, this is not the case. For Workers’ Compensation claims, you will typically need to pay taxes on all lost and future wages being paid from the claim.

Speak With A Charlotte Personal Injury Lawyer Today

If you have questions about what the car accident lawyer process if like, or if you have general questions about a personal injury, call us today. You can call 704.749.7747 or click for a FREE CASE EVALUATION and we will contact you today. When it comes to choosing a personal injury law firm, we know you have options. We hope you choose to Recover With Us.

charlotte car accident

Working with personal injury clients in Wilmington, NC for car accidents is a critical part of our practice. We are a North Carolina based personal injury and car accident law firm and we focus our representation between Wilmington, NC and Charlotte, NC.

If you’ve been in a car accident in Wilmington, NC or in New Hanover county, we would love to speak with you. With a free phone consultation you can determine whether you have any rights against the driver who hit you. Our job is to help you determine that. If you’d like to have a lawyer call you, just click HERE and make the request. You’ll receive a call today.

Working With A Wilmington, NC Car Accident Lawyer

Every law firm is different, but at The Layton Law Firm, we have built our reputation upon achieving good results for clients while keeping them informed along the way. A car accident is disruptive to your life, and we are sensitive to that. Whether you’ve been in a Truck Accident, a Pedestrian Accident, or even if you’ve been rear-ended in a fender bender, it’s never something you planned or invited into your life.

Dealing with insurance companies on your own is not only frustrating but it’s dangerous—you can easily sign away your rights against the insured driver who caused your injuries. When you work with a Wilmington, NC car accident lawyer, not only do you preserve your rights, but you turn all of that stress over to the lawyer and the paralegals.

Recover With Us

If you read the articles on this website, you’ll find over and over again the phrase Recover With Us. This is the hallmark of The Layton Law Firm. It is our belief that we can play a critical role in recovering financially for our clients, and that we also express care in such a way that we help clients to recover emotionally from a car accident, workers compensation injury, slip and fall, or any other injury.

We hope you’ll choose to Recover With Us. Call 704.749.7747 or click HERE to speak with an attorney now. We’re here to help.