If you follow my writing or have been a client, you know that to help build the framework for the pain and suffering aspect of my clients’ personal injury claims, I recommend that they document their recovery/suffering/experience in a Pain Journal. Many of them ask, “How should I write my pain journal?” and I don’t have a super clear answer for them, sadly. Here’s the deal:

Your pain journal should be yours. It should be in your words, in your ways. I want it to not only reflect your experience throughout your recovery, but to reflect you and your personality. Because of all of that, I can’t say it should look like this or look like that; this is a very personal account of a painful experience, and the more micromanaging of that process I do the less powerful it tends to be.

Having said that, the minimum standard I ask for is that the journal should reflect 1) what hurts, 2) how badly, and 3) how it affects you in your day to day life EACH DAY FROM THE ACCIDENT UNTIL YOU REACH MAXIMUM MEDICAL IMPROVEMENT. I prefer them in a Word Doc or a Google Doc because they’re easily shared. Otherwise, formatting and content are totally up to you. More is more, generally, but you can guess that there’s a point where it becomes oversharing. Trust your gut.

For the most part I’m an extremely lucky guy (for being an attorney, anyway). The vast majority of my clients get it. They know that this is a two-party relationship where each of us – attorney and client – have individual roles to play that, when combined, are greater than the sum of their parts. When attorney and client worth TOGETHER on a claim, the best results for the client are far more likely to be obtained. Conversely, when the client doesn’t participate, bad things happen in the claim.

Once again, I’m luck enough that most of my clients do not fail to participate. Most of my clients are actively involved in the development and management of their claims, which is great for both of us. The claim is made healthier by client involvement, which typically results in better settlements, which results in happier clients and a happier attorney, frankly. Everyone wins in that scenario!

The opposite is true when clients fail to participate. What do I mean by failing to participate? Here are some examples:

• I need to know how your treatment is going. I’ll typically reach out by email to each client every 2-4 weeks, depending on circumstances, to obtain updates as to treatment. If you don’t let me know what’s happening (or not happening, as the case my be) I can’t help you manage that situation to better your outcome. You gotta communicate!
• I need you to complete the tasks I set you. Some folks think that when they hire an attorney for their injury claim, the attorney does ALL of the work. The truth is the attorney does A LOT of the work, but there are some things that the attorney CANNOT do for the client. I can’t write your pain journal. I can’t make you attend your treatment regularly. I can’t make sure your health insurance is being billed. I can’t talk to your health insurance for you about potential subrogation issues. I can’t provide documentation about your own auto insurance coverage to myself. I can’t make sure that you’re adequately describing all of your symptoms to your providers and making sure you’re going to the right ones. I can’t guess if you want to make a diminished value claim, nor can I make your appraisal appointment for you. I can’t send myself bills that you are getting in the mail. There’s simply a lot of stuff that I cannot do for you because, in short, I ain’t you.
• I need you to respond to questions, particularly about settlement. This one is less of a problem because if we’ve gotten to the point of settling the claim then that’s normally because the client has been reasonably responsive so far (or else we wouldn’t have likely gotten there, though there are exceptions). But sometimes you’ll run into clients that simply lose interest (or maybe just have some other stuff going on) and as a result they don’t respond to questions about settlement authority. I can’t settle your case without your consent. Another way to say this is unless you tell me it’s OK, I can’t get you the money you hired me to get you. So it’s in your interests to talk to me.

What it really boils down to is this: It takes two to tango. In the immortal words of Jerry McGuire, “Help me to help you!” As much as I can do for you (and I can do a lot!) I can’t handle your case without your help. It really is about communication. If you just respond to questions and assignments this entire process will be better and easier for everyone involved. Don’t ghost me, or your claim will be the thing that really suffers.

Liability for dogbites/dog attacks (let’s just use the latter for now, because it doesn’t have to be a bite for it to be bad) in North Carolina can be a bit confusing.

Nominally, there is strict liability for dog attacks in NC. But it’s very contextual. IF a dog owner has knowledge of a dog’s “dangerous propensities” and the dog causes injury, then they’re on the hook. So what does all of that mean?

First, you have to show that the dog possessed “dangerous propensities.” This is just another way of saying that the dog had a history of doing something that might cause injury. Had it bitten a dog before? A person? Does it love to jump up and knock people down? Those are all dangerous propensities.

Second, you have to show that the owner was aware of those propensities. Assuming the previous action happened on the owner’s watch, then they’re aware. Though you can imagine some scenarios where this might not be the case.

This has led to the nomenclature of the “One Bite Rule.” That essentially means if your dog is sweet as sugar and has never done anything bad to anything or anyone, THEN it does, it’s first bit of shenanigans gets a pass because you weren’t aware of any dangerous propensities.

But after that, now you might be on the hook. After a dog has been involved in an attack (bite, tackle, whatever), the owner is theoretically legally liable for the damages caused by all future incidents.

The history of the one-bite rule goes back to English Common Law. That’s right, we still employ legal principles that were invented before people bathed regularly and slavery was no big deal. Although the majority of states have amended these laws, some have not (I’m looking at you, backwards ass NC legislature).

While North Carolina still has the One Bite Rule, you aren’t necessarily stuck with that. You can still make a normal negligence argument stick in a situation where you can prove that a reasonably prudent person in the same or similar circumstances would have acted differently. However, this also puts into play another stupid old English Law we have – Contributory Negligence – so watch out for that.

Like many injury claims, dog attacks can be complex. It’s worth talking to a lawyer, so if you’re in this unfortunate situation, call a lawyer. Call me. 919-929-2992.

I get calls all the time asking if I’m a “traffic ticket lawyer,” and while I don’t like to label myself, it is very true that amongst the many services that I offer is assisting people with traffic tickets in Orange and Chatham Counties in North Carolina. So, if you insist, that might make me a “traffic ticket lawyer.” Fine.

Call me what you want, but it makes A LOT of sense to get a lawyer if you have a traffic ticket. Speeding tickets can do so much harm to you if you aren’t careful. If the speed is high enough you might lose your license, and that’s not even counting what they might do to your insurance rates (doubling over the next three years sound fun?).

It’s not worth the risk. If you get a speeding ticket in Orange County or Chatham County, NC, call me to get some help. 919-929-2992

If your vehicle is damaged and repaired after an accident, you may have what’s called a diminished value claim, meaning your car might be worth less than it was before the accident and you might be entitled to compensation for that. So how do you know?

As with most things in this business, you never really know. You might have certain factors that strengthen or weaken your claim, but you never really know for sure. So let’s talk about how these claims work.

First, I will say that in my experience, if your car is older than 5 years and/or has greater than 50k miles on it, you’re probably putting good money after bad trying to pursue a DV claim. Can it work? Maybe. But are you more likely than not just spinning your wheels? I think so. But having said that, there’s more to it…

The main thing you should know is these claims are expert-driven, which means that your ability to prevail is very much dependent on what your nominated expert says as to the lost in value to your vehicle. Who is your expert? Is it you? Is it your uncle who is a used car salesman? Is it Carmax? Is it a licensed appraiser? Who is saying what you’ve lost makes a HUGE difference in these claims.

The gold standard for DV claims is having a licensed appraiser document in writing what their opinion as to the loss of value is. People ask me all the time if the appraisals are worth it and the thing is, I can never answer that before the claim is resolved. I really can’t say for sure. But what I can say for sure is that you’re FAR more likely to get some sort of semi-reasonable offer WITH such an appraisal than you are without. So in that sense, I think they’re worth it. But that would also be affected by the inherent strength of your claim (see the age/mileage note above). Another way to state this is that if you just show a Carmax offer to buy your car and you say, “Hey, that’s less than I thought it was!” then you probably won’t be taken as seriously as you would be if you paid for an appraisal.

Of course, there are other factors to consider. Was your car just off the lot? That actually hurts, because new cars always drop in value immediately, so while you have an argument there, it’s a little weaker than it would be if your car was about a year off the lot. That’s kind of the sweet spot for these claims. Did you have another accident a few weeks after this one? That’s probably a killer there. Was the car a salvaged vehicle? Good luck with that. Was it just a bumper replacement? That’s a tough argument.

As with lots of stuff, it’s complicated. I can’t always say that a DV appraisal will be worth it, but in the right circumstances it can take an arguable claim to a very solid one. Talk to a trustworthy attorney about your facts and get some good advice. Talk to me. 919-929-2992.

Having medical bills pile up following an auto accident in North Carolina is one of the biggest stressors that comes from having a personal injury claim. And there’s a great deal of confusion – even after I write blog post after blog post! – about who is responsible for victims’ bills immediately following an accident. Here is the low-down:

Who is responsible for paying my medical bills after an auto accident I didn’t cause? Sadly, you are. That’s not the answer anyone wants to hear, but it’s how our system works. Don’t get me wrong, with the right facts a good personal injury attorney (wink wink) has a great chance of getting you paid back for your medical expenses and then some. But at the beginning, your bills are your bills and no one else’s. If you want to avoid collections, you have to deal with them.

How do I deal with my medical bills after an auto accident I didn’t cause? First step is USE YOUR HEALTH INSURANCE. They are still on the hook, regardless of the event giving rise to your need for medical care. So make sure they’re being billed! The next step is to SET UP A PAYMENT PLAN if necessary. You can avoid being sent to collections (and have a lot of headache and credit damage) simply by offering to pay $10/month toward your bills. At the end of the case, we can hope to pay all of that off plus pay you back what you paid out. But this is how you handle it at the beginning.

This hits a lot of people hard. When you’re hurt due to the negligence of another, it really seems weird that you’re on the hook for your own treatment. But the fact is that’s just how our system is built currently. Once again, with the right facts you might have a legal claim against the at-fault party that may allow you to recover your medical expenses as well as other losses, but that’s the next step. The first step is addressing the medical expenses up front to avoid damage down the road. Follow my advice and you should be OK. And remember, call an attorney – call me – if you’re in this situation. 919-929-2992.

This is what you’re going to hear from me when you tell me that – in addition to your Medicare coverage – you have a Medicare Advantage Plan.

 It appears you have a Medicare Advantage plan that in some way supplements your Medicare coverage.  Many of these plans have what’s called a “right of reimbursement” or “subrogation” claim.  That means that in a situation where we obtain for you payment in compensation for incurred medical expenses from an at-fault party, then your health plan may have a right to get paid back what they paid out.  Normally if this is the case, they or a company they hire, reach out to you to investigate this.  To date, I’ve not been apprised that this has happened.  I can’t effectively investigate this with your plan.  It would be most wise for you to contact your health plan, make this inquiry – does the plan have a right of reimbursement for third party claims? – and let me know the response.  Failure to do so can leave you owing them after your settlement money is gone, and can impact your coverage as well.  Please let me know what you discover.

Why is that important? Well, if they have the right to get paid back from your settlement and we don’t do it, then that can jeopardize your coverage and create legal troubles for you. That’s no bueno.

Why do I ask you to do it? It’s the simplest way to get it done. They won’t speak with me if they don’t have a release on file. And these different companies have their own (sometimes asinine) interpretations of HIPAA law so I can’t guarantee they’ll accept a release I send them. So the safest bet is for you, the insured, to reach out and get the answer we’re looking for. They have to tell you, and if they don’t, then document it and it’s their fault.

This stuff is needlessly complicated. Welcome to America!

One of the biggest pitfalls of personal injury claims is failing to seek treatment in a timely manner. Why is that such a big deal? Let me explain…

The liability insurance company will be judging the facts of your case to determine what amount of money (if any) they’re going to offer you to resolve your claim and reimburse you for your losses. When making that evaluation, you better believe they are going to take advantage of every single deficit, every little thing that will help them get away with paying you less. One of those things is what they call a “gap in treatment.”

This gap in treatment phrase refers to time that passes between the alleged injury and seeking treatment for that injury. Jurors can often be convinced that if you were “really hurt” you would seek treatment immediately, therefore drawing the erroneous (though plausible) conclusion that if you don’t seek treatment immediately (or at least in a timely manner) then you weren’t really hurt. This isn’t necessarily true, obviously, but it is believable. And remember, as the plaintiff, it’s OUR burden to prove our damages. All the bad guys have to do is throw some doubt on our damages, and that’s a far easier thing to do than prove them.

By delaying treatment you’re giving the defense some doubt to give to the jurors, which in turn makes the insurance company feel more confident in being stingy.

Don’t play tough. Don’t act like you’re not hurt. Don’t hope it will go away on its own. If you’re hurt, go get it checked out ASAP. Worst case scenario you burn some time and a few bucks in the Urgent Care. Best case scenario you help to lock up your claim in a way that makes it really hard for the insurance company to stiff you. Which sounds better to you?

I see this about once a month…

Person is involved in an auto accident. Doesn’t want to “make a big deal out of it” so they avoid calling a personal injury attorney for advice and assistance. The accident victim starts experiencing memory loss, head ache, ringing in their ears, dizziness, cognitive slowing, or any combination of these symptoms. In short, they had a concussion, probably have post-concussion syndrome, but because of the nature of the injury itself, they aren’t correlating those symptoms to their accident! Which means they aren’t getting diagnosed or treated, which means they are suffering more and maybe not getting better. Which in turn means these symptoms won’t be taken into consideration when it comes time to value their claim. Everyone loses EXCEPT the insurance company!

Seriously. I see this about once a month. This happens ALL the time. You would think you’d have your wits about you and know that if you’re acting funny after an accident it’s probably because of the accident and you should see a doctor. But that’s the problem with concussions; you’re not your normal clever self, so it’s hard to make those connections and cognitive leaps. This is a tragedy for your health, but it’s also a tragedy for your claim.

By making a simple call to a personal injury attorney, such as myself, a thorough intake would reveal these symptoms and their timing, and you’d get a strong nudge to get to your doc to get checked out, and then you’d be on the right path. You see, attorney’s don’t just yell at the other side to make them do things, they give you advice so things will go better for you. Remember, we’re “counselors” at law, too!

As I’m always saying, after an accident, call an attorney. Call me. You won’t regret it. But there’s a really good chance you’ll regret it if you don’t.

I’ve been at this job for over two decades now and I’m still amazed when I hear of people wanting to handle their own personal injury claim.

Is there a time when this makes sense? For sure! Sometimes there are just really straight-forward claims where your chances of recovery are high enough relative to your chances of screwing things up. But that is NOT always the case. Here’s the best metaphor I’ve been able to think of on this subject:

Let’s say you’re interested in building a home. They way you go about it is you get an architect to draw up the plans and a contractor to arrange and supervise the build-out. Right? You get professionals to do their work so the thing doesn’t come crashing down on your head when you walk into it. The way you DON’T go about it is plan it on your Etch-a-Sketch, go to Lowes and get some 2x4s and some quickcrete and then have at it. You DON’T approach it with the idea of, “I’ll just hobble along and do what I can and if it gets really messy THEN I’ll get a contractor.” No way! At that point it’s too late. The contractor will have to knock down everything you’ve done and then start from scratch.

This is a great metaphor, and it only fails at the end when you’re talking about a contractor fixing the mess you’ve made. If we bring this back to personal injury claims, there often is no way to fix the mess you’ve made. Once you’ve made certain critical errors, they are made and there’s no going back. There is no “raze the whole thing and start over” option. Once the damage is done, it’s done.

I think that people still think of this as an option mostly because they misunderstand what attorneys do in these claims. Everyone has seen the lawyer shows and the court room drama and all that. That’s the more visible and memorable work that attorneys do, for sure. But arguably the more important, though less visible, work that they so is immediately after they sign up your claim. Our presence keeps the insurance companies from interrogating you and tricking you into torpedoing your own claim. Our investigations help to shore up your liability argument as well as to make sure we’re exhausting all potential coverages out there. Our analysis of your particular facts helps you to understand the strengths and weaknesses of your claim so you know where to concentrate your energy and what might trip you up later. If you don’t let us do that at the beginning, then it may be too late to get it done at all. And I’ll tell you this for nothing: It’s one thing to take on a case that needs a trial because it needs a trial, but it’s a totally different and way less attractive proposition to take on a case that needs a trial because of all the screw ups that were allowed along the way.

Don’t fall into this trap! If you have an injury claim, call a lawyer! Call several. I’ve told countless people that they didn’t need me and they could and should handle their own claim. I may not speak for all of us, but I’m not going to sign up your case unless I think I can do a better job on it than you can! None of us can make guarantees, but I think you’ll feel better about whatever decision you make after you talk to some professionals in this business. So if you have an injury claim, call an attorney. Call me. 919-929-2992.