This is a topic I discuss over and over again, so I think that makes it blog-worthy.

When I’m negotiating the settlement of a personal injury claim or a worker’s compensation claim, we have to start somewhere. When the other side starts negotiations with a lower number than you wanted to hear, what should your reaction be?

Your reaction should be to chill the #%$^ out.

Remember, it’s their first offer. Those are almost NEVER the the best or the highest offer.  It’s just a starting point. What you have to understand is that the insurance company doesn’t want to pay a cent more than they have to.  As a result, they are going to start out with a low number.  That doesn’t mean they are going to end with that same number, nor does it mean the sky is falling and everything is lost!  My job is to keep the negotiation moving up and to get them to their highest number.  If your facts are good, and you’ve done everything you were supposed to, then everything is probably going to work out the way it’s supposed to.  Conversely, if either your facts are not good, or you’ve made some missteps along the way, that’s probably why the number is what it is, which there’s nothing you can do about now.  And if they’re starting low just to be jerks, who cares?  Let me them be jerks, as long as they end at a number you can live with.  And if they don’t, that’s what litigation is for.

Negotiations are a process.  We start high, they start low, we work our way to somewhere in the middle.  If they were just going to walk out and give you everything you wanted, you wouldn’t need me.  But they aren’t, so you do.  That being the case, just chill, let me keep working, and we’ll see how we can work it out.

 

Many clients seek chiropractic care after they are injured in an auto accident.  Contrary to popular belief, this is not because attorneys send them.  Yes, there may be some of that here and there, but I can tell you that as a matter of course, I never dictate treatment decisions for clients.  Your health care is your business, and I am not qualified to give you advice as to what treatment would be best for you.

The only time I give advice that skirts on medical advice is explaining how your medical care decisions affect the value of your claim.  This is kind of a big deal.

Clearly, getting better is your Number 1 priority.  But reality dictates that your finances may govern what kind of care you can seek.  What many people don’t know is that in a liability state like North Carolina, your health care is your problem until it’s not; there is no pay as you go from liability insurance.  So you’re on the hook for your on care until you’re done, and THEN we try to get you paid back.

There are tons of treatment options out there, but different offices have different billing practices which can affect where people go.

Many people choose chiropractic care for two main reasons:  1) Chiropractors specialize in the treatment of soft tissue paraspinal injuries, which are what most people suffer from after a car accident, and; 2) chiropractors treat patients – most of the time! – on a lien basis.

What does that mean?  A lien is a statutory right of recovery against a certain identifiable set of funds.  In this case, what it means is that by following the law, the chiropractor has a right to get paid from your settlement.  This is to protect them for treating you essentially for free up front, but it also is helpful to you in that you don’t have out of pocket expenses for chiropractor care as you move through recovery and treatment.  That’s a HUGE deal.  With other treatment modalities, even when they take health insurance, you have co-pays that can quickly become prohibitively expensive and can diminish your care and therefore slow your recovery.  By treating you on a lien basis, the chiropractors are kindly eliminating the financial aspect of your treatment decision and taking on the risk of the costs of that treatment.  Do ALL chiropractors do this?  No, not all of them.  But many – I dare so most – do this form of payment arrangement, so if it’s not being presented to you as an option, you should maybe be looking around.

Should payment arrangements dictate what kind of treatment you get?  Not necessarily.  But it can clearly be a factor if you aren’t made of money, and I personally don’t know many people that are.  So I can see why so many people choose this form of care over other more traditional yet more expensive options.

And remember, if you’re hurt in an auto accident, make sure you call me ASAP at 919-929-2992.

When you hire an attorney to help with a traffic ticket, you are, in a normal scenario, paying for two things – the convenience of not having to go to court yourself, and the experience and expertise of the attorney to be able to get you the best plea deal available for that ticket in that county under that circumstances.

What some people think they are doing is buying a dismissal of the ticket.  That is not the case.  Of course, if the ticket warrants dismissal under those facts, then that might be the outcome, but it won’t be because of what you paid.  It will be because that’s what should happen with that ticket under those circumstances.  There is, generally, no buying of “justice” in the counties in which I practice.

What some people also fail to appreciate is that sometimes in order to get the best outcome they are going to have to jump through some hoops.  So if your attorney tells you to do a driving school by a certain date, or provide some documentation for the best outcome, then you should do that.  If you fail to do that, for whatever reason, then you can likely expect an inferior outcome.

In other words, if your attorney tells you to do a driving school, and you don’t, and you get an inferior outcome, that’s your fault, not the attorney’s. If the attorney tells you to get him a copy of your renewed registration and you don’t, and your ticket doesn’t get dismissed, that’s your fault, not the attorney’s.  If the attorney tells you to do a certain amount of community service and get it documented in a certain way, and you don’t, and you get an inferior outcome, that’s your fault, not the attorney’s.

To put it plainly, you have to remember that hiring an attorney does not absolve you of the responsibility of acting like a competent adult.  That’s not what you’re paying for.

So if you hire an attorney for a traffic ticket, do yourself a favor and follow his or her instructions.  Otherwise, you’re probably wasting your money paying for advice that you’re not going to follow.

If you’re hurt in an auto accident I can probably help you with your injury claim, but there’s usually not much I can do to help you with your property damage.

“Why is that?”, you might ask.  The easiest answer is that you are way more complicated than your car.

Damage to automobiles is pretty straight-forward, most of the time.  It’s either such that they can repair it, or they can’t repair it for less than 75% of the value of the car, so it’s considered a total loss.  If it’s reparable, you let them repair it.  If it’s totaled, you get the best offer you can from them and take it.  You can use KBB, Edmunds, and NADA to help get an idea of what that value should be, but private party listings are even better.  They will almost always negotiate a little, and you should always let them make the first offer.

Now, just because I say there’s not much I can do doesn’t mean there’s nothing I can do.  You should let me know what’s going on during the process of your PD (property damage) claim and if I can offer any insight, I will.  If I can’t, I’ll let you know.  I tell everyone that I represent that I won’t be the person handling your PD claim, but I’m happy to give you all the free advice in the world on the PD claim as it moves forward.

You, however, are not as simple.  We don’t know what kind of treatment you’ll be needing, or how well you’re going to recover, among other things.  This uncertainty makes my help far more valuable in your BI (bodily injury) claim than with your PD claim.

If you’re hurt, give me a call.

 

http://jg-tc.com/news/local/settlement-reached-in-charleston-woman-s-wrongful-death-suit/article_a7f12545-8aca-54dc-b61c-aeb582726047.html

SC woman goes in for surgical removal of non-cancerous liver growth.  Staple cuts vein.  She dies.

These sorts of stories suck.

People might think that as a plaintiff’s lawyer I revel in the news of a large settlement obtained by plaintiffs.  I don’t.  There’s a saying in this business that I use almost every day: It’s better to have your health than a good case.

Conversely, when there’s a gigantic settlement like this one, that means lives were ruined.  Horrible, catastrophic losses were incurred.  Things I would wish on no one have happened.  And the only thing that a court can do is allow money to change hands.  That doesn’t bring people back to life.  It doesn’t restore a family member.  It doesn’t give a kid back a mom.  It doesn’t give a husband back his wife.  It’s just money.

Maybe that’s justice.  It beats the bad old days when we just killed each other every time we got pissed off.  But it’s a cold sort of remedy.

Hug ya babies.

There is a great deal of confusion out there as to the intersection of insurance coverages in NC auto accident claims.  The basic question is this: If I have health insurance, what does it do and how is that affected by what the liability carrier is responsible for? OK.  Maybe that’s two questions.  Whatever.  You get the problem.

Here’s the basic rule to follow:  Use your health insurance.  That’s what it’s there for!  In NC, and virtually all “liability” states (states that don’t have n0-fault coverage) the victim’s health care is their own responsibility until the end, at which point you have to try and get reimbursed for all of your losses – medical expenses, lost wages, pain and suffering, etc. – all in one fell swoop.   Auto liability insurance policies are not set up to pay your medical expenses as you incur them.  They do not take the place of health insurance.  You are paying for that health insurance, we assume, so you should get the benefit of it.

“What benefit is that?”, you might ask.  The biggest benefit is the contractual adjustment.  Your health insurance most likely doesn’t have to pay full cost for your bills.  They get some discount based on their contract with the provider, and that limits your responsibility.  This is part of what you’re paying for!

This becomes particularly important when rogue health care providers (*cough* Wake Med *cough) refuse or “forget” to bill your health insurance on the hopes that they’ll get paid their full bill by the liability carrier.  This is exploitative and shameful, though currently not illegal, per se.

When it’s all said and done, after you’ve paid what you’ve had to or have been able to hold off the collectors, then you try and get it all back from the liability carrier.  THIS is a big reason why having an attorney to help you makes a ton of sense.  First, you might not know all of this unless you read dope legal blogs like this one.  Second, even if you know it, you might fall prey to the facilities like Wake Med who try to rob you of your health insurance benefits.  Third, you might not know how to best play the insurance game and get all of your bills covered.  Finally, you’re hurt and likely not at your best at the moment, so why do you need more hassle?

If any of this is confusing, call me and I’ll try to help.  919-929-2992

Injury cases for minors require court approval in the State of NC.  But where does that money go when it’s approved?

Let’s start where it doesn’t go:  It does not go to the parents.  The concern is that it would be spent for some other reason than for the minor, so the courts don’t allow this.  But what do they allow?

The most common option is to give the money to the Clerk of Court.  It will be conservatively invested and the minor can come get it when they turn 18.  The minimal fees that the Clerk charges will eat up whatever minimal returns the money makes, so it should be roughly the same as the principle.  The Clerk has authority to release funds when the minor requires them, but that’s discretionary, and as a matter of practice, doesn’t happen a lot.

The defendants can also purchase an annuity that will pay the child over time.  This will normally  have the money being essentially in reserve until the child reaches a target age, at which point periodic disbursements can begin, or perhaps a lump sum.

You can also have a trust created for the child.  This is kind of like the Clerk option, but a private version of it.  A trust would have to be drafted outlining the rules for the funds.  A trustee (not a parent!) would be appointed and they would be responsible for following the rules of the trust.  That trustee would have authority, under those rules, to disburse funds when it was in the best interests of the child.  This allows the child more access, in theory, but the cost of the trust is somewhat high, and a court isn’t guaranteed to accept it.

If you’ve got an injury claim for a minor, call me.  919-929-2992.

 

BOOM!  Some jack@$$ runs into you.  You go to the hospital and all that.  A few weeks later, you’re hit with medical bills from the hospital AND maybe even ongoing treatment costs from physical therapy, medications, and whatever else.  So who’s to pay?

Sadly, in NC, we all are responsible for our own health care UNTIL we make someone else assume responsibility.  That means that you’re on the hook for all of those bills, at least for the time being.

Remember, this is EXACTLY why health insurance still exists.  USE IT!  I don’t care what your hospital or other providers say, you can use your health insurance for a liability claim.  NC does NOT have PIP or no-fault coverage so they can’t hope to get paid more from that stuff.  Use your health insurance.  Of course, that means you’re stuck with c0-pays and deductibles, but that’s better than having to pay it all at once.

If you have an attorney (like me) we can also ask providers to back off collection efforts if you find yourself in that position; they are not legally obligated to stop collection efforts, but most providers in NC understand this situation and will often hold off for a bit.

When you’re all done with care, or at least to a point where it makes sense to move on your claim, we then try to get everything we can from the at-fault party’s automobile liability insurance, and maybe, if necessary, from your own UIM auto coverage.

In a nutshell, you’ve gotta pay your bills at first, but attorneys like me try our best to minimize that outflow and then to maximize your recovery for those bills you incur.

If you’re in an auto accident, call me.  919-929-2992.

You’re driving down the road.  KAZOW!  A deer leaps in front of you.  You slam on brakes.  So does the chap behind you, but he hits you anyway.  He’s liable, right?

Not necessarily.

The Sudden Emergency Doctrine is a defense to negligence claims for people who, “through no fault of their own, are suddenly and unexpectedly confronted with imminent danger to himself or others” and is compelled to act instantly.  In those situations, even if the person doesn’t make the best decision possible, they might not be found liable.

The doctrine has good intentions. If you’re on the other end of this, it makes more sense…let’s say you were driving on the highway at 65 mph (when that’s the limit, of course) and a truck loses a 3000 pound pipe.  You swerve to avoid it and run into someone else.  Hey, you swerved into someone, so that’s your bad, right?  Well, that looks like a Sudden Emergency to me, and you didn’t cause it, so you’re probably not at fault!

I get it.  Stuff happens, and sometimes the person we think should be held liable really shouldn’t be.  But as with all things created by man, this doctrine can be misused by insurance companies.  So watch it!

Cases where there might be a Sudden Emergency defense should be handled carefully.  If you have a situation that this might fit into, please call me!  919-929-2992.

It’s wild out there.  With so much technology available at our fingertips, people are paying less attention tot he road and we’re all in danger as a result.

Of course, there are benefits.  We can entertain our children and ourselves better, we can work, etc., but do those benefits outweigh the risks?

Check this out:

https://www.fcc.gov/consumers/guides/dangers-texting-while-driving

In a nutshell:

• Over 8 people are killed and 1,161 are injured daily in incidents reported as distraction-affected crashes in the United States.
• The National Highway Traffic Safety Administration reported that in 2015, there were 3,477 people killed and an estimated additional 391,000 people injured in motor vehicle crashes involving distracted drivers.
• At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010.
• In 2015, the National Occupant Protection Use Survey reported that handheld cell phone use continued to be highest among 16-24 year old drivers.

Be careful out there, can call me if you need help: 919-929-2992.