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medical bills in personal injury settlement

Medical Bills In Personal Injury Settlements

If there are medical bills in your personal injury settlement, they will need to be addressed as part of the settlement. Your personal injury lawyer will assist with this. Generally, there are two types of medical bills in personal injury settlements. First, there are those bills which are liens. Second, there are those bills which are not liens. The two are treated differently for purposes of whether they must be paid out of your personal injury settlement.

Liens In Personal Injury Settlements

Certain medical providers will claim a lien against your personal injury settlement. The claimant does so by citing the language in NCGS 44-49 and NCGS 44-50. This statute allows the medical provider to claim a lien against your settlement or jury verdict. However, there are limits—the statute limits all lien holders to one half of the settlement after attorney fees and expenses have been deducted.

Your personal injury lawyer should discover the liens against your personal injury settlement when requesting medical records and medical bills related to your claim. Keep in mind, if you were treated at a facility and did not tell your personal injury lawyer about it, it would be difficult for them to discover the lien.

The personal injury attorney will keep track of all liens claimed against settlement. Upon disbursing the settlement proceeds, the liens will be paid. Remember, the lien holders are limited to roughly one third of your settlement. The amount they receive will differ depending upon how much your personal injury settlement is worth. Your attorney will calculate the appropriate payments for each lien holder. While the lien holders may still pursue you for the balance of the lien, our firm typically requests the lien holder accept the pro rata share as full and final payment of the lien.

Bills Which Are Not Liens

There will be other medical providers who will have an outstanding bill related to the injury. However, they may choose not to claim a lien. Or, they may simply fail to claim a lien against your settlement. This gives you the option of having your attorney pay them from settlement, or paying them yourself, outside of settlement.

Medicare, Medicaid, ERISA Liens

Healthcare providers like Medicare, Medicaid and ERISA health plans, are entitled to be reimbursed if they pay for treatment related to your personal injury claim. Medicare applies what they call a “Procurement Formula” to the settlement amount. Your attorney can estimate what this amount will be prior to reaching settlement. Medicaid is generally limited to roughly one third of the settlement. ERISA health plans, unfortunately, are entitled to be reimbursed for their entire lien out of your settlement proceeds. Your personal injury lawyer can usually successfully negotiate the lien prior to reaching a settlement.

Personal Injury Lawyers And Medical Liens

Your personal injury lawyer will make a dramatic difference for you as it relates to any liens against your settlement proceeds. The law firm will negotiate the liens, and present your case to the medical providers in such a way that entices them to take a reduced rate. Most of this negotiating is done before you reach an actual settlement. That is when your leverage is highest against medical providers and lien holders.

Speak With A Charlotte Personal Injury Attorney Today

If you have a personal injury claim and you would like to speak with a lawyer, call us. You can reach us at 704.749.7747 or request a FREE CASE EVALUATION and we will call you today to discuss your case.

 

rear ended by a company vehicle

Rear Ended By A Company Vehicle

When you are rear ended by a company vehicle, it’s important to understand your rights. Your claim for damages can often be dramatically different when you’re rear ended by a company vehicle. The reason for this is the potential for punitive damages, which increase the value of your personal injury case. Punitive damages are codified by the NC General Statutes in N.C.G.S. sec. 1D.

As a Charlotte personal injury law firm, our firm has experience representing individuals who have been in accidents involving commercial vehicles. Sometimes those clients are pedestrians who have been struck by a work vehicle. Other times, our client was rear ended by a company vehicle while driving their own personal vehicle.

How Your Case Is Different When A Commercial Vehicle Is Involved

In a typical car accident, both drivers are operating their personal vehicles. Ideally, both drivers are insured at the time of the accident. The at fault party can expect to pay damages to the other driver if they were injured in the accident. In these cases, each driver should carry the NC state minimum insurance requirements. In the event the injuries exceed the policy limits of the at fault driver, our firm can typically recover additional funds from our client’s insurance company under the Underinsured Motorist coverage on our client’s policy.

In the commercial setting, if someone is rear ended by a company vehicle, a few things are different. First, the insurance limits covering the company driver will typically be much higher than those carried by most private motorists. Second, as a personal injury law firm, we will investigate the facts surrounding the accident to determine if the company itself is at fault. For example:

Did the company driver have a prior history of accidents?

Did a failure to maintain the company vehicle contribute to the accident?

Does the company have a history of negligent retention of employees?

In the corporate setting, when you are rear ended by a company vehicle, your case may be a good case for additional damages. Juries are often asked to consider punitive damages in these cases. This changes the nature of the jury’s deliberation. Usually, a jury is awarding the injured party an amount of money meant to compensate the injured party for their loss. When punitive damages are considered by a jury, the jury is considering an amount which will discourage the at fault company and all other companies from engaging in similar behavior. This is why a failure to maintain a vehicle, or knowledge surrounding an employee’s prior driving record are relevant.

Negotiating A Claim When Rear Ended By A Company Vehicle

The available insurance coverage, and the public policy to prevent companies from knowingly engaging in negligent behavior changes the negotiation. Your personal injury lawyer will present your case to the insurance adjuster or their attorney in a manner which reflects this. By citing recent case law which supports the damages requested, your lawyer can build the value of your case so that you are adequately compensated.

Ultimately, your personal injury settlement should reflect all circumstances surrounding your accident. Our staff will walk you through the demand package we are submitting to the insurance company to be sure you understand the process as we request settlement from the insurance adjuster.

Investigating The At Fault Company

Another distinguishing factor in rear end collisions involving commercial vehicles is the tendency for the personal injury law firm to employ an investigator to research the company’s history. This investigation will include uncovering past accidents, corporate policies, and finally whether the company complies with state and federal regulations. In cases like these, quite often the case is as much about your injury as it is about the company’s failure to abide by the rules for doing business in the state. If a failure to follow those rules contributed to the accident, it becomes a key factor in achieving full value for your claim.

Speak With A Personal Injury Lawyer Today

Most of our clients have never sued another individual. Most of our clients have never been seriously injured in a car accident before. We understand this is all new territory to you, and your primary focus is on recovery from your injuries. In our opinion, it makes sense to partner with a personal injury law firm to be sure your rights are protected and you are treated fairly.

If you’d like to speak with us about your accident, call us at 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out to discuss your case today.

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.

rear end collision demand letter

Rear End Collision Demand Letter

If you are in search of a rear end collision demand letter, you have either received one or you are preparing to write one. In either case, you should speak with a personal injury lawyer about your rights. It may be tempting to settle a car accident claim on your own; however, individuals routinely compromise their rights and settle for less than a fair amount when doing so. Call us at 704.749.7747 or click for a FREE CASE EVALUATION and you will receive a call from a lawyer today.

Rear End Collision Personal Injury Process

Were you in a rear end collision? If so, there is a process you personal injury attorney will go through before presenting your claim to the insurance company. First, you will complete intake paperwork. This is necessary to form a contract between you and your personal injury attorney. Second, your attorney will send a Letter of Representation to the insurance company representing the at-fault party. Lastly, your attorney will gather all of your medical records and medical billing associated with the injury. This insures you are addressing any Medical Liens associated with the personal injury claim.

Drafting Your Rear End Collision Demand Letter

Your injury attorney will confirm your treatment with you once all medical records and billing have arrived in the lawyer’s office. Together with a description of the facts, these become the cornerstone content for your demand letter. Essentially, your medical records and bills tell the story of your injury. As a result, your attorney will refer to those records and bills when building your case in the demand letter.

Additional Demand Letter Items

In addition to the records and billing, your rear end collision demand letter will contain any Special Damages you experienced as a result of the accident. Special damages often change what your personal injury settlement is worth.  These range from missing important life events to the inability to carry out life as you did prior to the accident. Lastly, your attorney will request lost wages from you. Often, your employer is required to sign off on a lost wages affidavit. Lastly, if you are self-employed, your attorney may request a few years of tax returns to demonstrate your lost wages.

Reviewing Your Rear End Collision Demand Letter

You will have a chance to review the rear end collision demand letter with your lawyer. It’s important that you carefully review the chronology of medical treatment. If you notice any billing is missing from the demand letter, you can notify your attorney as well. Your demand amount is often a function of your medical billing. As a result, discovering all billing prior to submitting the demand letter is crucial.

Remember, the review process is a chance for you to assist your attorney in telling the story of your claim. The demand letter should paint a complete picture for the insurance adjuster. It is an opportunity to demonstrate how your life has been affected by the accident. It is also a chance to remind the insurance adjuster there is a human being who was affected—it’s not just a ‘numbers game.’

Submitting The Demand Letter

Your attorney will submit your rear end collision demand letter. It’s important to remember that the letter will be submitted with bills and records. As a result, the total package submitted often contains in excess of 1,000 pages of material. The demand letter serves as the table of contents for that material.

The insurance adjuster should confirm receipt of the demand package to your personal injury attorney. After submitting the letter, it will most likely take 45-60 days for the adjuster to review the demand package. Your attorney will dutifully check with the adjuster for updates as time passes. Ultimately, the adjuster should make an offer to settle the claim.

Further Reading

You may want to read our post about how long your personal injury settlement will take. You can also see over 100 articles on our Personal Injury Blog page.

Speak With A Personal Injury Lawyer Today

If you were injured in a rear end car accident, you should speak with a lawyer today. Personal injury lawyers help protect your rights against aggressive insurance companies. Additionally, the call is free. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION and an attorney will call you today.

the other driver is lying about the accident

The Other Driver Is Lying About The Accident

One of the most disheartening things to deal with is when the other driver is lying about the accident. If you’ve been in a car accident, unless you have witnesses, it will be your word against the other driver’s word. In some cases, the damage to the vehicles will help establish what happened. Additionally, this is why many drivers choose to leave the vehicles in their original position until the police offer arrives on the scene.

The Police Officer’s Narrative

The police officer is not there to assign fault. Generally, the officer will make a determination as to whether each driver is sober, or made a dangerous maneuver which caused the accident. However, the officer will usually speak with each driver alone. This means, you may not know the other driver’s version of the story until you see your Police Report.

The Police Report

The police report is where you’ll be able to see if the other driver is lying about the accident. Typically, the report will say “The driver of Unit 1 states…” and it will then lay out your version of the facts. In a separate paragraph, it will say “The driver of Unit 2 states…” and it will then lay out driver two’s version of the facts. If these versions are different from one another, you may have trouble recovering from the other driver’s insurance company even if you were not at fault.

But The Other Driver Is Lying About The Accident

Unfortunately, if the stories of each driver conflict with one another, the insurance companies will each take their driver’s side of the story to be true. This means even if the accident was not your fault, you will not be able to recover from the other driver’s insurance company. In the personal injury world, this type of dispute is commonly called a “He Said, She Said” accident. It results in a stalemate between insurance companies and each driver is encouraged to repair their own vehicle and put a claim in with their own insurance company. This is generally the result when you choose to proceed to settle without a personal injury lawyer.

What Are My Options?

If the other driver is lying about the accident, your only option is to threaten a lawsuit or file a lawsuit. The hope is that at some point during the process, the other driver will tell the truth. If a lawsuit is filed, the other driver will have to take a deposition under oath. If they lie during that deposition, they would be subject to a perjury charge. Your personal injury lawyer can often put enough pressure on the other side’s insurance company that they will choose to settle the claim even if their driver won’t change their story.

If there is video of the accident, or if there are any witnesses to the accident, the video or the witness testimony might make all the difference. Keep in mind, the testimony of your friends and family members will not be persuasive in this situation.

Speak With A Personal Injury Lawyer Today

If you’ve been in an accident, call us at 704.749.7747 or click for a FREE CASE EVALUATION. If the other driver is lying about the accident, we can help. We know you have choices. We hope you choose to Recover With Us.

Loans Against Personal Injury Claims

https://thelaytonlawfirm.comThe purpose of this article is to discuss Charlotte personal injury attorney reviews, and how you can use them to help you decide on a Charlotte personal injury attorney.

Your Pain

Deciding on a Charlotte personal injury attorney can be difficult. You’re presented with numerous letters in the mail from attorneys. The television has non-stop advertisements for attorneys. Lastly, when you get online to search for a Charlotte personal injury attorney, the results can be overwhelming.

In many situations you’ve recently lost a loved one due to personal injury, or you’ve experienced injuries such as a concussion, broken bone, or neck and back injuries. Your world was turned upside down in a moment. Sometimes due to an auto accident, sometimes a slip and fall. In many cases, our clients are passengers who played no role at all in the event – yet, they are in need of guidance and representation.

In conclusion, sorting through the options is the first step in deciding on an attorney and the Charlotte personal injury attorney reviews can help you to get a feeling for the experience others have had when working with a particular lawyer or law firm. The reviews you will read online contain important insights regarding how well the attorney communicated with the client, and whether the client was happy with the results.

How We Help

Once you’ve sorted through the Charlotte personal injury attorney reviews, you can decide on one or two firms you think you would like to work with. Your next step would be to have a phone consultation with the firm you’re considering. Here are a few key questions you should ask them, and here are samples of the answers you will receive from our firm.

QUESTION: Do I Have A Good Personal Injury Case?

ANSWER: First of all, the lawyer should ask you a few questions about the facts of your case to help the lawyer determine whether there is liability. Accidents happen all the time. Furthermore, whether you have a valid claim against another party depends upon whether they were at fault. In North Carolina, it also matters if you contributed to the accident in any way. This is part of the premise of Contributory Negligence.

QUESTION: How Long Will My Personal Injury Case Take?

ANSWER: A typical answer is that cases can drag on and on. Truthfully, it depends on the facts. While this is true, our firm has a schedule we will present to you based upon your last date of medical treatment. From that point forward, we have target dates for each phase of your personal injury claim or case. We provide you periodic updates. As a result, we make sure you know that things are progressing, and we’re always here if you want an unscheduled update.

QUESTION: How Much Is My Personal Injury Case Worth?

ANSWER: You should be nervous about any personal injury law firm that will tell you what your case is worth without first researching the facts surrounding the case, and identifying the extent of your injuries and your medical treatment. If you have lost wages which can be verified by an employer, the value of your case changes as well. Therefore, we will know more about the value of your case once we begin working on your case.

QUESTION: Why Should I Choose The Layton Law Firm?

ANSWER: Rather than boast about our unique results, the honest answer is we believe many law firms can get a great result for you. We consider ourselves to be one of those firms. In addition to good results though, you need a lawyer and legal team who cares about you and understands what you’re going through. It’s not enough just to do a good job on the claim. Consequently, you should feel like you were important along the way. We do this by giving you regular updates and helping you understand where we are in the claim process, and what the next steps are in an attempt to resolve your case favorably.

Next Steps

If you’re looking through Charlotte personal injury attorney reviews, you’ll find we have many favorable reviews. We are especially proud of those reviews. We are proud that clients chose to go online and leave such wonderful remarks about working with us. Those reviews especially remind us that the client is what matters most.

If you would like to speak with a Charlotte personal injury attorney about your case, please call us at 704.749.7747, or click HERE to quickly schedule a free consultation. We know you have options. We hope you choose to Recover With Us.