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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.

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.

affordable estate plan

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.

The purpose of this article is to help you better understand how using Charlotte auto accident lawyers will protect you as you navigate your personal injury matter. While there are many great Charlotte auto accident lawyers to choose from, what’s most important is to find a lawyer who will do a good job for you and provide you with the individual attention you deserve along the way.

Your Pain

Working with insurance adjusters without a Charlotte auto accident lawyer by your side can get very tricky very quickly. You may find that the adjuster uses the police report against you to allege contributory negligence. You may also find the adjuster does not want to honor your lost wages, or pay you fully for the medical treatment you received. Insurance adjusters make it their job to de-value your claim every step of the way. And don’t forget, they are most likely recording every conversation you have on the telephone.

How We Help

As a practicing Charlotte auto accident lawyer, I try to put myself in the shoes of my clients. The primary question in most claims is whether you will end up doing better with a Charlotte auto accident lawyer than without one. While every case is different, my experience has been that even after paying an attorney fee, the client does better with a lawyer than without one.

Your Charlotte auto accident lawyer understands the law as it relates to the facts of you case. With that understanding, the lawyer can refute assertions by the insurance company that the accident was your fault, or that the medical treatment you received was unnecessary or excessive. Having a Charlotte auto accident lawyer working for you increases the value of your claim because the other side doesn’t want to end up in court where they will spend more money, to potentially lose the case.

One element of a successful personal injury settlement involves understanding and negotiating medical billing related to the accident. There are federal rules which create liens in favor of health care providers. Charlotte auto accident lawyers understand those rules and have strategies for negotiating those liens in your favor. The end result is more of your settlement goes to you and less goes toward medical bills.

Perhaps the most important element of working with a Charlotte auto accident lawyer is  having someone you trust on your side. Additionally, the law firm is handling the stressful process of negotiating a personal injury claim on your behalf. That way, you can get back to your life as quickly as possible and trust the end result will be the best possible outcome.

Next Steps

If you’ve been in an accident and would like to know more information about working with a Charlotte auto accident lawyer, call us today. We’re happy to help, and we hope you choose to Recover With Us. You can call 704.749.7747 or click HERE to request a phone consultation today.

If you’re involved in a car accident with a commercial vehicle, chances are you have a serious injury. The increased size and weight of commercial vehicles make car accidents more severe than most car accidents occurring between two privately owned vehicles.

Serious Injuries Deserve Serious Legal Attention

If you have serious injuries from a commercial vehicle accident, it makes it even more important that you obtain competent legal representation by hiring a personal injury lawyer. Not only do you have more to lose when your injuries are more severe, but you’ll probably also be dealing with a sophisticated legal team representing the commercial vehicle—having your own representation could make the difference between a horrible legal result and a fair legal result.

The Value Of Your Commercial Vehicle Accident

As a personal injury lawyer in Charlotte, North Carolina, I’m exposed every day to stories about commercial vehicle accidents. I also pride myself on providing advice to individuals who are trying to wade through the waters of settling a personal injury claim. My biggest fear is that someone will feel pressured by an insurance company to accept significantly less than what I believe they deserve, in a situation where they’ve been in a commercial vehicle accident.

While the value of every claim or case differs, the serious nature of commercial vehicle accidents lend themselves to higher medical bills and medical liens, long-term damages, and pain and suffering often not associated with a more minor car accident. Your personal injury lawyer will guard you against being taken advantage of by the other driver’s insurance adjuster or lawyer.

Paying Your Personal Injury Lawyer

We know most clients don’t have money to come out of pocket to hire a personal injury lawyer to pursue their claim. As a result, our firm almost always works on a contingency fee basis, which means that “We don’t get paid if you don’t get paid.” Not only does this arrangement help to minimize any financial risk on your part, but it also means your lawyer will be honest with you at all costs—there’s no sense in a lawyer convincing you that you have a great case, if the lawyer is only going to get paid if they win it for you. This results in good communication and expectations between the personal injury lawyer and the client, and keeps trust high between the two.

Schedule A Phone Consultation Today

If you’ve been in a commercial vehicle accident, or have any other type of personal injury claim, please feel free to request a phone call HERE, or call us at 704.749.7747 and we’ll discuss your case today. There’s no pressure to hire our firm—we’re here to answer questions and help you make a decision about what to do next. If you do decide to hire a personal injury lawyer, we hope you’ll choose to Recover With Us.

If you have ambulance bills resulting from a North Carolina personal injury claim, that bill will typically constitute a lien against settlement proceeds. This means that if you settle your personal injury claim, your ambulance bill will need to be paid before you receive any money from the settlement.

Generally, N.C.G.S. sec. 44-49, allows a person, corporation, state entity, county, or municipal corporation to claim a lien to the extent that entity provided medical services, drugs, medical supplies, or ambulatory services in connection with the injury for which the settlement has been reached. An ambulance bill qualifies as “Medical services”.

Is My Ambulance Bill Negotiable?

Most all bills are negotiable, and your personal injury lawyer should negotiate your bills on your behalf. Keep in mind though, that ambulance bills in personal injury are typically Mecklenburg County medical services bills. As such, your personal injury lawyer will be dealing with the City of Charlotte when attempting to negotiate the bill. In extreme circumstances, where the settlement does not exceed the total medical bills, the chance of negotiating the ambulance bill increases. Otherwise, the bill will most likely need to be paid in full.

What Other Types Of Bills Can I Expect?

If you’ve been injured, in an auto accident or on the had a slip and fall on premises of a business, you can expect some or all of the following types of bills:

Ambulance Bills

Emergency Room Bills

Hospital Bills

Physical Therapy Bills

Chiropractic Bills

Therapy Bills

If you would like to speak with an attorney about the bills you are receiving related to your personal injury, and get advice about how to proceed in negotiating a settlement with an insurance company, please call us at 704.749.7747, or contact us HERE and request a call. Phone consultations are free, and we hope you choose to Recover With Us.