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How Much Does An MRI Cost?

According to data released from NerdWallet Health, an MRI costs on average about $2,611.00. Your insurance may pay for some or all of that expense. Any way you look at it though, it’s an expensive procedure. Additionally, you’ll receive a separate charge from the Radiologist to read the MRI. If your physician requests contrast dyes in conjunction with the MRI, the price goes up further.

Is An MRI Important For My Personal Injury Case?

If your doctor recommends one, you should have one done. In any case, an MRI can reveal injuries which an X-ray will not reveal. An MRI of the brain and spinal cord can reveal brain tumors, MS, stroke, and problems with your eyes and ears. An MRI of the bones and joints reveals herniated discs, fractures, torn ligaments and tendons, and arthritis.

Put quite simply, the value of your car accident or slip and fall increases if your injuries increase. In other words, the purpose of a personal injury lawsuit or settlement is to make you whole again. As a result, the primary thing you must prove to the insurance adjuster or to the jury, is that you have suffered an injury which has left you in a worse state than you were in prior to the accident. An MRI, together with a doctor’s medical notes, becomes evidence of those injuries sustained in a car accident or slip and fall accident.

Today you may be wondering how much it will cost, but if your doctor recommends an MRI and you forego getting one, you may find out that your personal injury claim is worth less than full value. Your medical bills are typically paid through your personal injury settlement, especially if they are filed as a personal injury settlement lien.

Next Steps For Car Accident Or Slip And Fall Accidents

If you have been injured in a car accident or slip and fall accident, you should seek medical treatment immediately. The primary reason of course is to be sure of what treatment you might need—allowing injuries to go untreated can exacerbate them and make them worse. Second, if you do have a personal injury claim, a delay in treatment will serve to lower the value of your personal injury claim or personal injury case.

Speak With A Personal Injury Lawyer Today

Need help or advice? That’s why we’re here. Call us today to speak with an attorney. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION and we’ll reach out to 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.

Protect Yourself From Scary Personal Injury Insurance Adjusters

Happy Halloween! Remember, in the personal injury world, it’s SCARY out there. Personal injury adjusters are not your friend. They are looking for ways to deny or de-value your car accident or slip and fall claim. The following tips can help you protect yourself in a personal injury claim and make sure you get treated fairly by the personal injury adjuster. If you’d like to speak with an attorney today, you can reach us at 704.749.7747 or click for a FREE PERSONAL INJURY CONSULTATION and we will reach out to you shortly. The call is free and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

Seek Treatment Quickly

One thing that scares us is clients who fail to seek treatment, or fail to finish treatment. If you don’t seek treatment soon after your car accident or slip and fall, the assumption is you were not hurt. If you don’t have health insurance, we know the cost makes it difficult to seek treatment. There are several hospitals and Charlotte Chiropractors who will treat you on a lien basis. This means, they will treat you without cost and wait for your personal injury settlement to finalize before they get paid. Additionally, you may have Medical Payments coverage and your personal injury attorney can help you claim it. Lastly, your personal injury attorney can typically negotiate some of your medical bills when settling your claim. This puts more money in your pocket. By seeking treatment early, you:

Establish your injury

Increase the value of your claim

Make a clear connection between the accident and your injury

Finish Your Treatment

Even though you may feel better, it’s important to follow your doctor’s direction. This means completing treatment including follow-up appointments. This insures you are brought back to full health, and also demonstrates the treatment was necessary. When a personal injury client stops treatment halfway through, the insurance adjuster will use that fact to claim the injury was not severe. Or, that the treatment was for the sole purpose of creating  a personal injury claim.

Tell Your Personal Injury Attorney The Truth

Your personal injury attorney is your best ally in a personal injury claim. Anything you tell the attorney is protected under attorney-client privilege. By arming your personal injury attorney with the facts—both good and bad—your attorney can strategize how best to support your personal injury claim with applicable law.

Here are some examples of ‘bad facts’ which can be often be overcome by your personal injury attorney. Again, what’s most important is making sure your personal injury attorney knows all the facts:

Whether you were taking medication at the time of the accident

Whether you had any alcohol the day of the accident

Prior or pre-existing injuries which may be discovered later

Whether you have filed previous personal injury claims

Keep Good Notes

One thing we encourage clients to do when they’ve been in a car accident or a slip and fall accident, is to keep notes about the accident. This should include what you remember about the facts leading up to the accident. It should also include the injuries and pain you’re feeling following the accident. These notes can be brought to the doctor’s office so that you don’t forget to mention them. Your injuries are typically documented by your medical records. If you don’t tell the doctor about the full extent of your injuries, the personal injury insurance adjuster will attempt to discount them. Again, the assumption is if you were really hurting, you would have told your doctor.

Further Reading

Supporting Your Personal Injury Claim

Don’t Settle Your Personal Injury Claim Without An Attorney

Speak With A Personal Injury Attorney Today

We firmly believe you’re better off with a personal injury attorney than without. Our experience has been that clients receive more fair treatment from insurance companies when working with an attorney. We can help you navigate working with a personal injury insurance adjuster. We’re happy to discuss your accident at no cost. There’s no pressure to hire us. You can reach us at 704.749.7747 or click for a FREE PERSONAL INJURY CONSULTATION and we will reach out to you shortly. The call is free and we’re here to help. We know you have choices. We hope you choose to Recover With Us.

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

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

Personal Injury Free Consultation

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

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

Personal Injury Lawyer Fee Agreements

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

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

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

Speak With A Personal Injury Lawyer Today

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

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

negligent homeowner

Negligent homeowners beware: it’s Halloween and you’re getting visitors. North Carolina premises liability law governs whether you will be held liability for injuries sustained on your property. With Halloween just around the corner, you’ll no doubt be getting lots of guests to your property, whether you like it or not. Most of these guests are small children who will be running through the dark of night toward your front door in hopes of scoring lots of candy. But what happens if they trip and fall along the way?

The Basics of Premises Liability Law in NC

Property owners have a duty to keep their property safe. Negligent homeowners will pay the price for failing to do so, as the rules of negligence in personal injury extend not only to retail property owners, but also to homeowners. In some instances there are conditions which are dangerous or potentially dangerous. If the property owner can not remedy those conditions, there is at the very least a duty to warn your visitors and guests of the dangerous conditions, especially if it’s reasonable to expect visitors.

In addition to the potential for a trick-or-treater falling on your property, you should also beware that Halloween is a time where the family dog may not be so fond of visitors dressed in strange costumes. It’s reasonable to expect dog bites and injuries related to dog attacks to increase during Halloween, and the property owner or dog owner can be held liable for the attack, especially if the dog has a documented history of such behavior.

Am I A Negligent Homeowner?

Each claim against a negligent homeowner in a personal injury matter essentially requires that the components of Negligence are satisfied in order for the plaintiff to successfully prove their case. Those elements are:

  • The homeowner owed a duty to the injured party
  • The duty was breached
  • The breach of that duty gave rise to the injury in question
  • There were damages resulting directly from the injury

There are numerous instances where a homeowner may in fact be negligent; however, if there are no damages resulting from that negligence, there is no claim to be pursued by the other party. For example, a homeowner who fails to maintain his walkway may have breached his duty to his guest. If that guest trips and falls because of this failure to maintain the walkway, the guest is well on their way to having a negligence claim against the property owner. However, consider that in some instances the trip and fall victim lands softly in the grass, gets up, wipes the grass stains off of their pants, and realizes they are not injured. In this case, there is no viable claim for recovery under the principle of Negligence, as the fourth prong of Negligence has not been met: there are no damages (other than a bruised ego from falling in front of friends).

How Long Do I Have To File A Lawsuit?

As with most negligence claims, you have three years from the date of the accident to settle the claim or file a lawsuit. This is known as the statute of limitations. This three-year time frame gives the injured party enough time to realize the full extent of their injuries. It also gives the injured party enough time to receive treatment for those injuries and obtain representation (i.e. get a personal injury lawyer) so that they may recover from the negligent homeowner.

Call A Charlotte Personal Injury Lawyer Today

If you or someone you know was injured at a private residence or in a retail location, call us today for a free case evaluation. You can reach us at 704.749.7747. Or, you can click HERE to request a phone call from an attorney. We hope you’ll choose to Recover With Us.

IMG_1478Certain companies get a reputation regarding insurance claims and lawsuits. These dictate whether they will settle those claims or force the claimant to file a lawsuit and become a plaintiff. A Wal-Mart slip and fall is a good example.

While there are exceptions, Wal-Mart trends toward a company policy of denying all claims related to personal injury. Fortunately, if your personal injury attorney is aware of this policy, he or she will know how to maximize your recovery in a Wal-Mart Slip and Fall claim.

Step 1: Complete Your Medical Treatment

There is nothing that de-values a personal injury claim like failing to follow Doctor’s orders, or failing to get treated in a timely manner. Insurance adjusters jump at the chance to deny a claim because the client waited too long to seek medical treatment or didn’t follow through with the treatment. As a result, the adjuster claims that the extent of the injuries being claimed are due in part to the client’s failure to treat them.

Step 2: Request Video

Most every square foot of a Wal-Mart is under video surveillance at all times. Your personal injury attorney should immediately request video of your Wal-Mart slip and fall from the store where you fell. A failure to make this request in a timely manner could result in the video being destroyed or disposed of over time, as company policy allows for this if there is no reason presented to preserve the video.

Step 3: Make a Claim

Your attorney will compile your medical records and medical billing associated with the Wal-Mart slip and fall, and submit it to the insurance claims adjuster with the video of your slip and fall. This package, which requests Wal-Mart pay you damages for your injury, is called a Demand Package.

Step 4: Prepare for Denial         

As stated above, be prepared for Wal-Mart to reject your Wal-Mart slip and fall claim out of hand. This means the personal injury law firm will receive a response back from the Wal-Mart insurance claims adjuster about 45 days after submitting the demand. The response will claim either that Wal-Mart is not responsible for your slip and fall, or that there are no damages related to your slip and fall.

Some personal injury attorneys may give up the fight at this point. Depending upon the circumstances, there is one more additional step that should be taken, with the client’s permission, in response to the denial.

Step 5: Send a Draft Complaint

When an insurance claim is denied, your next step is to file a Complaint or a lawsuit. It is common knowledge that not all claims are worth spending thousands of dollars on in court, or worth the time required to invest in them in the courtroom. When a claim is denied, an alternative to giving up is to draft the Complaint or lawsuit and send it over to the company’s legal department. This Complaint should be sent together with a letter proposing that Wal-Mart either offer compensation or else the Complaint will be filed as a lawsuit.

Step 6: Prepare to Settle

While every case and every circumstance is different, typically Wal-Mart will reply to the draft of a Complaint with what is referred to as a”Drop Dead Offer.” They will give the law firm a few days time to respond to the offer, after which point the offer is no longer valid. At this time, you and your personal injury attorney will examine the offer from Wal-Mart and decide whether to accept it, or to file a lawsuit in your Wal-Mart slip and fall claim.

If you have a Wal-Mart slip and fall claim and you would like help examining it and navigating the legal and insurance process, please call us today. An attorney would like to discuss the claim with you. We can be reached at 704.749.7747.

If you slip and fall in Charlotte, North Carolina—or anywhere in North Carolina—you’re going to hear a lot about contributory negligence. Contributory negligence is a legal term and in North Carolina, it means that if the injured party was 1% or more at fault, the entire case can get ‘thrown out’ and there is no recovery for damages. Don’t let it scare you.

Every insurance adjuster and insurance company attorney is trained to raise contributory negligence as a defense. While it is still in effect in North Carolina, it should not keep you from making a claim against the insured’s policy, or even litigating a slip and fall case.

Addressing Contributory Negligence In Negotiations

Your Charlotte, North Carolina personal injury attorney will navigate the discussion around contributory negligence with the insurance adjuster. Insurance companies know they would have to prove that the injured party contributed somehow to the slip and fall, and that represents risk on their side. Truthfully, the insurance company wants to avoid the courtroom, so the mention of contributory negligence is typically meant to defend a lower settlement offer from the insurance adjuster.

Your personal injury attorney will remind the insurance adjuster that even in courtroom settings where a jury is presented with instructions to deny recovery if the injured party is 1% or more at fault, what juries typically do instead is lower the recovery amount given to the injured party. The “all or nothing” nature of contributory negligence is negated in those cases.

Establishing Liability in Slip and Fall Claims

Once you get beyond the contributory negligence discussion, the insurance adjuster will defend their low settlement offer with the claim that their client has no liability—they are not responsible for the injury. It’s difficult to prove liability in a slip and fall case because whether it’s due to spilled yogurt on a grocery store floor, or an inventory pallet left in the middle of an aisle, by the time the attorney and insurance adjuster are discussing it, the physical surroundings in the store have of course changed.

Key Factors In Establishing Conditions

If you slip and fall in an establishment in North Carolina, take care to do the following:

— Take photos. We are all walking around with cameras on our phones. Take close-up photos and a few far away shots of where the accident happened, to establish the conditions.

— Report the slip and fall. By reporting the slip and fall to the store manager, you are creating a written record that you were actually there on that day, and fell, on that day.

— Take down employees names. If at all possible, write down the names of employees on the floor at that time. Months later when an attorney is trying to research the claim for you, this information will be priceless.

–Take down name and phone numbers for witnesses. Witnesses who are not related to you can do a lot to bolster your claim. Even if your claim never sees the inside of a courtroom, if the insurance company knows you have a credible witness, they will value the claim more because the chance of establishing liability of their insured is increased.

If you slip and fall in North Carolina, call us at 704.749.7747 for guidance. We’re here to help and the call is free.