How I Can Help in Inury and Wrongful Death Cases
There is no fee to talk to me about your case and see if I can help you. Even if I cannot accept your case, I will do my best to provide you with helpful information for you to determine what you need to do to protect your interests.
Personal injury and wrongful death cases are the focus of my work and I am personally involved in every case. These claims involve situations where a person has been injured or killed as a result of someone else’s negligence. Wrongful death and injury claims most often arise as a result of a motor vehicle collision, but I have also handled cases involving tractor-trailer collisions, pedestrians struck by cars, dangerous conditions on land or in stores, attacks from animals, intentional injury by other persons, and defective products.
A case involving personal injury or wrongful death is always an important matter, and depending upon the facts of your case there may be things which immediately need to be done. For example, some situations require the involvement of a collision reconstruction expert and this is best done when physical evidence is still available. Also, over time, witnesses may be difficult to locate and may not have a clear memory of what they observed. Frequently, clients or families have urgent questions immediately following an injury or death. Who will pay for the medical bills? How can I make sure I get the medical treatment I need? What about my lost income from work? My vehicle is damaged or destroyed – who pays? Can I get a rental vehicle? The person at fault didn’t have any insurance – what do I do? What do I tell the insurance adjusters who are calling me? Do I even need a lawyer to help me?
These questions are natural, and I am happy to provide an initial consultation about your claim at no charge to you. To learn more, you may wish to review the frequently asked questions (FAQ) below..
A: No, you do not have to pay any fee to talk to me about your case. I look forward to talking to you to see if I can be of help.
A: You should cooperate with law enforcement officers to establish a record of how and why the crash happened. If possible, get the names and contact information of any witnesses. Take pictures of vehicles involved and the scene of any collision. You should also take pictures of any areas of injury on your body.
Be sure to give a complete description of your injuries to medical providers about the problems you are having, without overstating or understating your injuries. This is most important so that your medical providers have as much information as possible to provide you with the best treatment. It is also important that your injuries are properly and fully documented in the records. You should seek medical treatment as is necessary and follow your treatment plan as directed by your doctors.
Finally, in some cases it is important to quickly involve investigators, or engineers known as collision reconstruction experts, to make sure information is preserved about how and why the collision occurred. Whether or not this needs to be done depends on the specific facts of your case. I am glad to speak to you as soon as possible to discuss your case and any potential work which needs to immediately be done.
A: When someone dies as the result of the negligence of another, the claim against the person or company responsible for the death is referred to as a Wrongful Death claim in North Carolina. The only person authorized by law to bring a Wrongful Death claim is the personal representative / Administrator of the deceased’s estate. The Clerk of Court issues legal papers called Letters of Administration authorizing a person as the Administrator of the estate. The administrator is most often a spouse, parent or child of the deceased.
While personal injury cases have a three (3) year statute of limitations, Wrongful Death cases have a shorter statute of limitations of two (2) years. The statute of limitations is the legal deadline by which a case must be resolved or a lawsuit filed. It is very important that you do not let the statute of limitation expire in your case without taking action.
A: You are NOT legally required to talk to a representative from the other person’s insurance company. You also are NOT required to give a recorded statement. You should never sign any document unless you understand what the document is and what it does. To protect yourself, you should consider talking to an attorney about your case and your rights before you discuss your situation with the insurance company.
If you do choose to talk to the insurance company immediately after a collision, it is often best to limit your discussion to issues about property damage such as repairing your car or getting a rental vehicle, and not to discuss your medical situation until you have had time to fully understand your situation and an opportunity to speak to an attorney about any questions you have.
You may be asked by the insurance company to settle your case very early in a claim, often just days after a wreck. This typically involves signing a release of claim form in exchange for a small payment. Why is the insurance company asking you to do this? Often, it is because they are glad to limit your claim very early on by getting you to agree to a limited settlement, regardless of what treatment you may need in the future or how much your damages may actually turn out to be. You should make sure you fully understand your rights, and that the proposed settlement is fair, before you make a decision that cannot be undone.
A: North Carolina law allows claims for medical expenses for your treatment, lost wages from time you had to miss from work, permanent injury and impairment, future medical needs, scarring, physical pain, and mental and emotional harm among others. There may be other damages you can claim in your case such as punitive damages. The damages in your case will depend on the facts, and each case must be evaluated individually.
Damages allowed in Wrongful Death claims are found in N.C. Gen. Stat. 28A-18-2. Wrongful Death claims have a number of factors that are unique to those cases, and I am glad to speak to you to answer your questions and help you understand the situation.
A: In many instances, it’s clear who caused a wreck and the at-fault driver’s insurance company assigns a property damage adjuster to evaluate your car and authorize repairs or, if your vehicle is a total loss, negotiate with you regarding the fair market value of the total loss vehicle. Rental vehicles are commonly provided by the at-fault party’s insurance carrier during the pendency of any repairs. Remember that the insurance company cannot force you to use a repair shop they choose - you have the right to decide where your vehicle is repaired.
If your vehicle is repaired, you may have a claim for diminished value. This concept refers to the fact that a vehicle which has been damaged and repaired may not have the fair market value afterwards of a comparable vehicle which has never been damaged.
It is common to resolve a property damage claim while maintaining a claim for bodily injury. If you are asked to sign any release of claim as part of resolving your property damage claim, make sure that the release is limited to property damage only.
A: Uninsured Motorists coverage, which is required in NC, is a type of coverage you have on your own auto policy to step in and pay if the responsible driver had no insurance coverage at all. These types of claims have some special rules under NC law, so if you are involved in a wreck with an uninsured driver you need to make sure you follow the correct steps. I am glad to speak to you to talk about the proper steps that must be taken.
Sometimes the at-fault driver has insurance, but not enough insurance to cover the harm they have caused. You may have a type of coverage on your own auto policy, called Underinsured Motorist coverage, that can step in and pay in those situations. I am glad to sit down and talk to you to help you identify all insurance coverage that protects you and is available to help cover your harms and losses. This can be a complicated analysis and a number of questions must be asked. I am glad to walk through this analysis with you to help make sure you understand what coverage protects you.
A: Yes, I have helped in many cases involving minor children (a minor is a person under age 18). Cases involving minors have special considerations and often require the approval of the Court. If your child has been hurt, I’m glad to talk to you and help you understand the steps that must be followed to protect your child’s claim and make sure it is handled properly.
A: No. While most injuries happen as a result of a collision, I’ve handled cases involving pedestrians hit by cars, animal attacks such as dog attacks, defective products, or dangerous conditions on land. I’m glad to talk to you about your situation and see if I can help.
A: I am not retained (hired) to represent you until you and I sign a Legal Services Agreement. While I am happy to talk by phone or meet in person, that does not create an attorney client relationship.
A: Yes. It is a pleasure and a privilege to receive referrals from other attorneys and I also enjoy working together with other attorneys to help clients.
