Being injured due to someone else's negligence can be difficult to recover from financially, physically and emotionally. If you need a Raleigh Personal Injury Lawyer, read on for how The Bishop Law Firm can help you with your case. We also offer free case reviews by phone, (919) 615-3095 or start online now.
North Carolina Personal Injury Law
A driver quickly checks a text message while driving his/her car. An aggressive dog pulls away from its owner and runs free. A hospital employee forgets to sterilize equipment for surgery. A restaurant worker doesn't put down a wet floor sign after mopping.
You may be thinking to yourself that these are all simple mistakes but, unfortunately, each one of these simple mistakes has the ability to result in serious injuries for those who happen by.
The ultimate questions are whether the party who made the mistake was negligent and if the victim suffered harm because of that negligence.
Negligence is a "failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation."
North Carolina is also a pure contributory negligence state which means that (in general) the injured party must not be guilty of contributing to their injury. Insurance adjusters will scour your personal injury claim for contributory negligence.
In a Raleigh Personal Injury claim, the negligent party (or their insurance company) should pay for medical bills, lost income and pain & suffering. In addition, punitive damages can be awarded if the at fault party was malicious or willful.
In car and truck accidents, if the at-fault party does not have insurance or does not have enough insurance coverage, the victim may have to file under their own insurance to seek compensation (Read UM vs UIM).
In NC, an injured victim can recover the cost of their accident related medical expenses, lost wages and pain & suffering. Most insurance adjusters do not want to pay pain & suffering and are even reluctant to give money towards lost wages. Do not rely on an insurance adjuster to tell you what you are legally entitled to recover. This will not happen.
If the insurance adjuster is offering you less than the cost of your medical bills, you are not alone. If the at fault party’s insurance company “thinks” that you have received too much medical treatment or if the medical costs are “too expensive”, they will try to pay you less than the value of said treatment.
A lost wage claim is a claim that an accident victim can assert against an at-fault party for losing time from work because of his or her injuries. In order to seek recovery for a lost wage claim, an injured accident victim has to have documentation of the actual days he or she has missed from work due their injuries.
Lost wage documentation must be verified by the injured accident victim’s employer and medical provider. The employer should provide payroll records stating how many days the accident victim missed from work and the injured accident victim’s rate of pay.
Pain & Suffering
A North Carolina pain and suffering settlement covers the physical pain and mental suffering that a victim has to endure due to the injury they have sustained. If you break your leg, you will experience not only physical pain but also mental and emotional distress. Unfortunately, injuries can leave us with scars that affect our self-esteem.
Punitive damages may also be available, but only in cases where the at-party’s actions were egregious (think drunk driving).
It just seems fair that the person that caused your injury should be held liable for your losses, right?
Personal Injury Lawyer Raleigh NC
Unfortunately, this process can prove to be more difficult than it sounds and it can help to have Raleigh Personal Injury Lawyers on your side. Some insurance companies deny liability for their insured even after their insured has received a ticket, citation, admitted liability or has been cited for the wrongful conduct many times in the past. Let's face it, the insurance company never wants to pay!
The at-fault party or their insurance company will want to pay you nothing or as little as possible. If you accept what the insurance company offers without making sure that it covers all the costs of your personal injury (including medical expenses, lost wages and pain & suffering) you may find yourself stuck with medical bills that are not covered by the settlement amount.
Also, if your injuries result in permanent disability that will need future medical treatment that amount needs to be included when settling your personal injury claim. Once a case settles, future recovery is barred. If you do not recover maximum compensation you will have effectively paid twice for someone else's negligent acts.
If settlement negotiations do not result in a reasonable settlement, a personal injury lawsuit may be the needed to obtain compensation for a personal injury claim. In addition to having a personal injury claim, you may also have other claims ( ex: workers compensation claim) depending on the circumstances of your injury. An experienced Personal Injury Attorney can discuss your legal options with you to make sure you are making an informed decision about all your insurance claims.
Raleigh Personal Injury Cases We Handle
There are numerous ways that you can sustain serious injuries due to someone else's negligence. The Bishop Law Firm represents accident victims with injuries sustained by:
- Car Accidents - all drivers owe a duty of ordinary care to protect themselves and others from car accident injury. Unfortunately, that duty often goes unfulfilled: Raleigh Car Accident Lawyer
- Motorcycle Accidents - injuries from motorcycle accidents can be devastating even with NC's helmet mandate. Traumatic Brain injuries can result in long term disability: Raleigh Motorcycle Accident Lawyer
- Truck Accidents - sedans are no match for commercial trucks, 18-wheelers or heavy equipment: Raleigh Truck Accident Lawyer
- Pedestrian Accidents - In today's world of electronic distractions, pedestrians risk injury just crossing the road: Raleigh Pedestrian Accident Lawyer
- Slip and Fall accidents - Property owners owe a duty to visitors to make them aware of dangers: Raleigh Slip and Fall Lawyer
- Wrongful Death - Under the wrong circumstances, personal injury claims can turn into wrongful death claims: Raleigh Wrongful Death Lawyer
- Dog Bites/Attacks - all dogs should be confined to their owner's property, but frequently that is not the case: Raleigh Dog Bite Lawyer
- Workplace Injuries - if you are injured by a 3rd party while at work, you can have a Raleigh Personal Injury case as well as a workers compensation case: Raleigh Workers' Compensation Lawyer
- Social Security Disability - Being unable to work due to illness can be a devastating realization. Having a SSD attorney on your side can assist by knowing what information SSA uses to determine disability: Raleigh Social Security Disability Lawyer
- .....and more - If your case if not listed here, give us a call to see if we can help you recover compensation!
How to increase the value of a Raleigh Personal Injury Claim
- Seek medical treatment as soon as possible after your serious injury
- Follow up with witnesses to get statements as soon as possible
- Avoid gaps in medical treatment
- Tell your physicians how you injured yourself, where you have pain and what daily activities make your pain worse
- If your doctor takes you out of work, ask your doctor to give you a note or put a note in your medical records
- Follow all prescribed medical treatment
- Obtain a 2nd medical opinion if necessary
- Seek mental health treatment if you are having problems coping mentally with your injury
- Take photos of your injuries (post-injury and during healing), the scene and any medical devices that you use during your healing. Photos are priceless!
- Let your employer know that your absences are due to a personal injury and document the days you have missed from work.
- Document any miscellaneous expenses for childcare, a cleaning service or mileage for your accident related travel.
- Avoid Social Media
- Keep a journal that documents what activities of daily living you are having problems with and how your injury has changed your life
- Hire Raleigh Personal Injury Attorneys
A injury victim can have followed all the above tips and the at-fault party can have even admitted 100% liability, this still does not guarantee that an insurance adjuster will make you a fair offer without a fight.
A Raleigh Personal Injury lawyer can help you gather all the evidence needed to back your demand as well as advise whether taking your personal injury lawsuit in front of a jury in the county that the accident occurred in will produce a higher award or simply leave you with higher expenses.
The Bishop Law Firm represents injury clients in Raleigh, North Carolina and we do not get paid unless you win. Call us today for a free case evaluation, (919) 615-3095 or start your free case review right now.
Also read North Carolina Personal Injury Lawyer