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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.

Can i fire my personal injury attorney

I’m Considering Firing My Personal Injury Attorney

If you’re considering firing your personal injury attorney, there are a few things you need to know. We know it’s frustrating when your personal injury claim takes long, and we speak to individuals every day who want to fire their personal injury attorney. We try to be objective during those conversations, as the goal is to help individuals make decisions that will benefit them most.

Can I Fire My Personal Injury Attorney?

Generally, yes, you can fire your personal injury attorney. The language in your letter of representation will govern that decision, together with the state bar rules surrounding attorney-client relationship. If you choose to fire your personal injury attorney, you may owe them money depending upon the status of your claim or case. In most cases, personal injury lawyers work on a contingency fee. This means that “We don’t get paid unless you get paid.” However, if your lawyer has procured an offer or a personal injury settlement for you, they may have earned a fee which will need to be paid if you fire the lawyer and reach the same settlement on your own without the lawyer.

In most cases, when a client wants to fire a lawyer, you will find the lawyer or law firm will terminate the lawyer-client relationship and peacefully turn over the client file to the new law firm, at the client’s request. Usually, there is no fee for doing so—lawyers understand there are times when a client simply decides they want to use another lawyer or law firm.

Why Do People Fire Their Personal Injury Attorney?

In our experience, the number one reason why someone wants to fire their personal injury attorney is a lack of communication. Quite honestly, the law firm may be working diligently on the file. But, when the lawyer fails to communicate the progress to the client, the client feels as if no work is being done. When you combine this poor communication with a failure to return a few phone calls from the client, the client starts to wonder whether the lawyer cares about them at all. You can read NC State Bar Disciplinary Orders here, to see the various reasons lawyers are disciplined.

Can My Personal Injury Attorney Relationship Be Saved?

When a client calls us complaining about another lawyer or law firm, we are sure to ask a few pertinent questions. The goal is to help the client understand their options, while also insuring the client makes a well-considered choice. Often, we encourage the client to call their lawyer to ask for an update and give the lawyer a set amount of time to provide a meaningful response. Again, it could be the firm is working hard on the file and just failing to communicate that hard work to the client.

We also point out to clients that when you switch law firms, even if the old firm forwards the file over to us, it’s like starting over. Because of that, the client may be better of patching things up with their current personal injury attorney—especially if they are close to reaching a settlement.

Speak With A Personal Injury Attorney Today

If you would like to speak with a personal injury attorney today about a car accident or grocery store slip and fall, call us at 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out to you shortly. If you’re concerned about your relationship with another attorney, we are happy to discuss that with you as well. We will strongly encourage you to work things out with your existing attorney, and we can give you some helpful tips on how to take next steps to accomplish that goal.

Will My Personal Injury Bills Go To Collections?

Car accidents lead to hefty personal injury bills for both property damage and medical treatment. Hopefully, you’ll recover enough in your personal injury settlement or your child’s personal injury settlement, to take care of all of your bills. The problem is that many personal injury claims take a year or longer to settle. Medical providers are not always as patient with your billing as you might want them to be.

Communication With Billing Providers Is Key

If you’re represented by a Charlotte personal injury attorney, generally they will reach out to your providers to let them know they represent you. This puts the billing provider on notice that it will be a while before the bill is paid. The hope is that once your provider knows your bill is being paid in conjunction with settling your personal injury claim, they will hold your bill until the case settles. In many cases, the provider will check in with the personal injury attorney’s office every few months for a status update on the case. They will then mark your file to be reviewed again in a couple of months.

What If They Send My Bill To Collections?

Even if your personal injury attorney tells the billing provider you are represented in a personal injury claim, the provider may still choose to send the bill to collections. This could also mean that credit reporting agencies will be notified that your bill is delinquent. While this is annoying and you don’t deserve this treatment, the providers have the right to treat unpaid bills this way.

Should I Make Monthly Payments On My Medical Bills?

There is nothing wrong with making payments on your medical bills until your personal injury case settles. When the case does settle, you can get credit for any payments you’ve made on the bills, the same way you will get credit for paying co-pays at the time of treatment. This may be a way to keep the bills out of collections until your settlement comes through.

Will My Personal Injury Attorney Negotiate My Personal Injury Bills?

We have written a few articles on this website in our Personal Injury Blog about negotiating medical bills. Typically your personal injury attorney will negotiate your medical bills. There are relevant North Carolina statutes which also limit the amount of your settlement that medical billing providers are entitled to. Your attorney will use these statutes together with arguments about your case, to encourage medical providers to lower their bills.

Filing Bankruptcy After Personal Injury

If your personal injury settlement is insufficient to pay all of your personal injury bills, you might consider filing bankruptcy. Our firm has helped numerous personal injury clients with bankruptcy filings. Clients generally have additional debt such as credit card debt or unrelated medical bills, which make filing a bankruptcy a smart decision. We’re happy to discuss how bankruptcy works, or you can visit our Bankruptcy Blog and get some questions answered there.

Speak With A Personal Injury Attorney Today

If you have questions about working with a personal injury attorney, or if you have questions about a medical bill from a car accident, call us today. You can call 704.749.7747 or click for a FREE CASE EVALUATION and we will contact you immediately. When it comes to choosing a personal injury law firm, we know you have options. We hope you choose to Recover With Us.

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.

How much will my Chapter 13 payment be

Medical Payments Coverage

Medical Payments coverage is coverage you may have on your own auto insurance policy. If you have Medical Payments coverage, it will cover some or all of your medical bills incurred as the result of a car accident. This is true whether the accident was your fault or not. Medical Payments coverage can make all the difference for you as an injured party. First, you may not have health insurance, or may have a high deductible; if so, Medical Payments coverage will pay for bills which your health insurance may not cover. Second, the Medical Payments coverage can supplement any health insurance you do have, and can help you recover co-pays and out of pocket expenses. Lastly, even if the accident is not your fault, you may not be able to recover from the at-fault driver. In that case, the Medical Payments coverage will help absorb some of the financial impact of the accident.

The Reasonableness Factor

The language of your auto insurance policy will govern what your Medical Payments coverage will pay. It’s not always as easy as simply submitting your bills to your insurance carrier. Insurance companies often limit their responsibility to reimburse only those medical treatment expenses they deem to be “Reasonable”. Our experience with handling Medical Payments claims has revealed that insurance companies will often exclude the following from reimbursement:

  • Experimental treatments which are not designed to serve a medical purpose;
  • Acupuncture
  • Purchases of equipment which not primarily designed to serve a medical purpose, such as a home gym for rehabilitation

In addition to the treatment being reasonable, the cost of the treatment must also be reasonable. It is not unusual to receive a response from an insurance carrier indicating they will cover a percentage of a chiropractor’s fees, and a refusal to reimburse for the remainder. Quite often, the insurance company will “red line” the chiropractor’s treatment notes, indicating what the insurance carrier believe to be unreasonable treatment. Similarly, they may red line the chiropractor’s bill in an effort to indicate what they believe to be excessive treatment. If you have questions about chiropractic treatment, our article on Charlotte Chiropractors may help answer those questions.

Fortunately for the injured party, there is a presumption of reasonableness in North Carolina, established in N.C.G.S. Sec. 8-58.1. While an insurance company can rebut this presumption, your personal injury lawyer should be able to persuade them that making full payment on the Medical Payments reimbursement submission is preferable to facing a lawsuit over Medical Payments coverage.

Your Responsibilities

Your insurance policy typically requires some responsibilities or duties which you must uphold. You will be asked to cooperate with any investigation into the claim. You will also be asked to assist the insurer should they request medical records to substantiate the Medical Payments request. You may also be asked to sign a HIPAA release in the event your insurance provider wants to obtain medical records and billing on their own.

Speak With A Personal Injury Lawyer

If you were in a car accident, or if you were injured by a vehicle as a passenger, pedestrian or cyclist, you may be entitled to Medical Payments coverage. We recommend you consult with a personal injury lawyer today. You’ll get your questions answered and we’re happy to help. We can be reached at 704.749.7747 or you can click to request a FREE PERSONAL INJURY CONSULTATION, and we will reach out to you shortly. 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.

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.

How Fast Can I File Chapter 7 Bankruptcy

The total time it will take to reach a personal injury settlement from the time you finish treatment until the time you settle your case, is roughly 5 months.

This article explains the timeline and steps along the way to your personal injury settlement. The goal is to prepare each client for the rather drawn out process involved in reaching the best personal injury settlement possible for their claim or case.

First, we should distinguish between a personal injury claim and a personal injury case. A personal injury claim generally refers to the action you are taking to attempt to collect for damages against an insurance company prior to filing a lawsuit. Your personal injury claim becomes a personal injury case or lawsuit, only when a lawsuit is filed. Fortunately for all parties, most claims settle without your personal injury lawyer ever having to file a lawsuit.

Your First Step Is To Finish Treatment

Before you finish treatment, your personal injury attorney can’t request medical records and medical billing from your treatment facilities. Prior to finishing treatment, your personal injury attorney can do the following:

  • Set up the claim with the insurance company that represents the other party;
  • Gather information from you regarding the circumstances surrounding your accident and injury;
  • Keep track of the facilities where you are being treated, and the physicians who are treating you;

After Treatment Is Finished

Once treatment is finished, your personal injury attorney can order all of your medical records and medical billing that occurred between the date of the accident and the last date of treatment. These records generally take 45 to 60 days to be returned to the attorney’s office.

Reviewing Medical Records and Billing

After the billing and records have been received by your personal injury attorney’s office, the lawyer and paralegals can begin to review the billing and medical records and start the process of drafting your demand letter (The letter to be submitted to the insurance adjuster requesting a settlement). This process generally takes two weeks and once your demand letter and demand package are ready to be reviewed, you will be contacted by the office to review the letter together.

Reviewing the Demand Letter and Demand Package

Your personal injury attorney will ask you to review the draft of the demand letter to be sure there are no inconsistencies, to confirm the facts are correct, and to discuss the following elements of your demand:

Submitting The Demand Package

By the time the demand package has been reviewed and is ready to be submitted, and based on the timeline above, typically roughly 2 to 3 months have passed since you completed your treatment. This again allowed for time for medical bills and records to arrive, for the attorney to review them, and for you to discuss your demand with your attorney.

Once the demand is submitted, the insurance adjuster typically takes 30 days to review it prior to making a determination as to whether they agree with your theory of liability and whether they are willing to make an offer of settlement. Your attorney will contact you at the 30 day mark after submitting the demand, to review the status of the demand package and any offers which have been made.

Negotiating To Settlement

Once the insurance adjuster has had time to review the demand package and make an offer, you and your personal injury attorney will discuss a counter-offer in hopes of moving closer to your personal injury settlement. The good news is that the series of counter-offers which follows does not require 30 days of review. The review process has already been completed and both sides can negotiate quickly toward a settlement. This process ideally takes 30 to 45 days to finalize and reach a settlement.

When Will I Receive A Check

Once a personal injury settlement agreement is reached, the insurance company will generally issue a check immediately and send it to the attorney’s office to be deposited into the attorney’s trust account. You’ll be asked to sign a release for the insurance company as well as a settlement statement for the attorney’s office, and you’ll pick up your check at that time.

What If We Don’t Reach A Personal Injury Settlement

If you don’t or can’t reach a settlement, you and your attorney will discuss filing a lawsuit in the matter. The decision to file a lawsuit is one you and your attorney will both need to make. The law firm must consider the chances of success, the good and bad facts surrounding your case, and the cost of litigation. Your attorney will discuss all of these factors with you and weigh them not only when considering a settlement offer, but also if a settlement can’t be reached at all.

Can You Summarize The Timeline

A summary of the timeline outlined above, is below. Keep in mind each claim is unique and some may settle more quickly than others, while some take longer.

Step 1: Finish Treatment

Step 2: Order Medical Bills and Medical Records (Takes 45-60 days)

Step 3: Review Bills/Records (Takes 2 weeks)

Step 4: Discuss Demand Draft (Included in Step 3 above)

Step 5: Submit Demand Package And Receive First Offer (Takes 30 days)

Step 6: Finalize Negotiation and Disburse Funds (Takes 45 days)

The total time it will take from the time you finish treatment until the time you settle your case, is roughly 5 months.

If you would like to speak with a Charlotte personal injury attorney about your personal injury claim, please call 704.749.7747 today. The call is free and we’re happy to help. Or, you can click HERE to request a call from us. We know you have choices, and we hope you will choose to Recover With Us.

Our firm represents new car accident clients and slip and fall clients each day in Charlotte, NC. Injuries from those accidents range from soft tissue injuries to broken bones, and each personal injury claim is unique. Your injuries directly affect the value of your claim. Understandably, clients want to know what broken bones from car accidents are worth when it comes time to settle a claim. The answer depends on a few factors.

Medical Treatment

Perhaps the most telling indicator of the value of your personal injury claim is the medical treatment you received. Your Charlotte personal injury lawyer will analyze this from two perspectives: the actual medical records, and the medical billing. Some broken bones from car accidents require a cast and time to heal, while others require numerous screws, pins and rods in order to support the broken bone while it heals. The differing nature of treatment will change the value of your claim.

Time Missed From Work

Broken bones from car accidents routinely lead to missed work. If the car accident gave rise to missed work or lost wages, your lawyer will ask you to have your employer sign a Lost Wages Affidavit in support of establishing the wages you lost as a direct result of the car accident. Depending upon your job, a broken bone may mean a few days out of work, or several weeks. Your lost wages will be added to your medical billing totals and will contribute to the total value of your claim.

Special Damages

Personal injury lawyers and insurance adjusters often talk about Special Damages. These can include but are not limited to, harm you suffered as a direct result of your car accident. They extend beyond the physical injuries. For instance, if you were in a car accident and it caused you to miss your daughter’s graduation, or a ski trip to the mountains, your personal injury lawyer will assist you in valuing those special damages. This includes both out-of-pocket expenses and intangible losses like missing your own 16th birthday or your senior year season of track and field due to a broken bone from a car accident.

Talk To A Lawyer Today

We are here to help. Part of our job is providing guidance and advice. Phone consultations are free. If you would like to speak with a lawyer today, call 704.749.7747 or click HERE to request a call from us. We know you have choices. We hope you choose to Recover With Us.

rear end collision demand letter

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

Contributory Negligence

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

Liability

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

Damages

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

Working With A Personal Injury Law Firm

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

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

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