If you’ve been injured in an automobile accident, you may find yourself receiving a quick settlement offer from the at-fault driver’s insurance company. I call these “drive by settlements” because in the olden days, the adjusters would literally come to your house, sometimes while you were still on pain meds, pressuring you to settle your injury claim. While the promise of fast cash may seem appealing—especially if you’re dealing with medical bills, lost wages, and other financial strains—it’s crucial to understand the risks of accepting a settlement too soon.

Why Do Insurance Companies Offer Quick Settlements?

Insurance companies are businesses focused on minimizing payouts, NOT on making sure you get everything you deserve. By offering a quick settlement, they aim to:

• Close the claim quickly before you have time to assess the full extent of your injuries.
• Avoid long-term liability for future medical expenses related to your accident.
• Prevent you from hiring an attorney who could negotiate a fairer settlement on your behalf.

The Risks of Accepting Too Soon

1. Underestimating Your Medical Costs Many injuries, such as whiplash, concussions, or soft tissue damage, may not fully manifest until weeks or even months after an accident. Accepting a settlement early could leave you responsible for costly medical bills that arise after the claim is closed.
2. Lost Future Wages and Earning Capacity If your injuries impact your ability to work, you may be entitled to compensation for lost wages—not just immediately after the accident, but in the future as well. A quick settlement may not account for long-term financial losses.
3. Pain and Suffering Compensation Insurance companies rarely include fair compensation for pain and suffering in an early settlement. If you accept too soon, you may miss out on damages you rightfully deserve for the physical and emotional toll of your injuries.
4. Signing Away Your Rights Once you accept a settlement, you typically sign a release of liability, preventing you from seeking any further compensation—even if new injuries or complications arise later.

Protect Yourself: Speak with an Attorney

Before agreeing to any settlement, consult with an experienced personal injury attorney. Jeffrey Allen Howard, Attorney at Law, PLLC, can help you:

• Evaluate the full extent of your injuries and financial losses.
• Negotiate with the insurance company for a fair settlement.
• Pursue additional compensation if necessary.

Don’t let the insurance company pressure you into accepting less than you deserve. Contact me today for a free consultation to discuss your case and protect your rights. 919-929-2992

Losing a loved one due to someone else’s negligence is a devastating experience. If you are facing this situation, you may have the right to pursue a wrongful death claim to seek justice and financial compensation for your loss. However, North Carolina law imposes a strict time limit on filing these claims, making it critical to act promptly.

The Two-Year Deadline

In North Carolina, the statute of limitations for wrongful death claims is only two years from the date of death. This is much shorter than the three-year period that applies to most personal injury claims. If you fail to file a lawsuit within this two-year window, you risk permanently losing the right to seek compensation.

Why Acting Quickly Matters

The legal process takes time, and waiting too long can jeopardize your case. Evidence can disappear, witnesses’ memories can fade, and insurance companies may use delays to their advantage. Acting promptly allows for a thorough investigation and gives your attorney the best opportunity to build a strong case on your behalf.

Additionally, wrongful death claims are typically brought by the personal representative of the deceased’s estate. If an estate has not yet been established, this can add extra steps to the process, making it even more important to begin as soon as possible.

Don’t Wait—Contact Me Today

If you have lost a loved one due to someone else’s negligence, do not wait until it is too late to pursue justice. As an experienced wrongful death attorney, I am here to guide you through the legal process and fight for the compensation you deserve. Contact me at Jeffrey Allen Howard, Attorney at Law, PLLC today for a consultation. Let’s take the first step toward securing accountability and financial relief for you and your family.

As someone who regularly drives on highways and around town, you likely often share the road with large tractor-trailers. 

While these commercial vehicles are essential to our economy, transporting 72.6% of the nation’s freight by weight, they also present unique risks that all drivers should be aware of. In fact, around 70% of deaths in crashes involving large trucks are occupants of other vehicles.

In my law practice, I care about your safety and want to ensure you’re well-prepared when navigating the roads alongside these massive vehicles. Here are some key tips to keep in mind:

1. Stay out of blind spots (“No Zones”). Tractor trailers have large blind spots on all sides, especially on the right side, directly in front, and behind the trailer. If you can’t see the truck driver in their side mirror, they likely can’t see you. Always be mindful of these “No Zones.”
2. Maintain a safe following distance. Due to their size and weight, trucks require a much longer distance to stop. Keeping a safe distance is crucial to avoid rear-end collisions, especially if the truck stops suddenly.
3. Pass safely and quickly. When passing, do so on the left side, where the driver has better visibility. Avoid lingering in their blind spot, and make sure you can see the entire truck in your rearview mirror before merging back into the lane.
4. Avoid cutting. A truck’s stopping distance is significantly longer than that of a car. Cutting in too closely in the front can lead to dangerous situations and potential accidents.
5. Give extra space when turning. Tractor-trailers make wide turns and may swing into adjacent lanes. Give them the space they need to complete these maneuvers safely.
6. Be prepared for wind gusts. Large trucks can create wind gusts that affect your vehicle’s stability, especially when passing. Keep both hands on the wheel and be prepared for changes in air pressure.
7. Use caution in poor weather. Rain, snow, or fog can compromise visibility and stopping distances. Increase your following distance and drive more cautiously around trucks in these conditions.

If you ever find yourself involved in a collision with a tractor-trailer or another vehicle, I’m here to help protect your rights and secure the compensation you deserve. Your safety and well-being are our top priority — reach out any time at 919-929-2992. 

At Jeffrey Allen Howard, Attorney at Law, PLLC, I frequently advise clients on how to handle their medical payments (MedPay) coverage after an auto accident (short version: LET ME DO IT!). One of the biggest mistakes you can make is allowing your MedPay benefits to be paid prematurely—which can leave you personally liable for outstanding medical liens.

Why Medical Payments Coverage Matters

MedPay is a part of your auto insurance policy that covers medical expenses resulting from a car accident, regardless of who was at fault. This coverage can help pay for:

• Emergency room visits
• Hospital stays
• Surgeries
• Chiropractic care
• Physical therapy

While MedPay is a valuable benefit, how it is used and to whom it is paid is crucial to protecting your financial interests.

The Risk of Failing to Protect Medical Liens

Many clients believe that as long as their medical bills are paid, they are in the clear. However, if you fail to properly handle healthcare provider liens or health insurance subrogation claims, you could end up personally responsible for unpaid debts.

1. Health Care Provider Liens

Many doctors, hospitals, and treatment centers have a legal right to payment from any insurance settlement or MedPay benefits. If your MedPay funds are distributed incorrectly—such as being paid directly to you or to the wrong entity—you could be held liable for not honoring these liens.

2. Health Insurance Reimbursement (Subrogation Claims)

If your health insurance company has covered any of your accident-related medical expenses, they may have a legal right to be reimbursed from your MedPay benefits. If those funds are exhausted elsewhere, you could be left personally owing your health insurance company. In addition, you might also put your coverage in jeopardy.

How to Protect Yourself

To ensure your MedPay benefits are used correctly and that you don’t become financially responsible for unpaid liens, follow these steps:

1. Let your Attorney handle your MedPay Benefits
   • Your lawyer can review any liens or subrogation claims and advise you on how to properly handle your MedPay funds.
2. Do Not Sign Away MedPay Benefits Without Legal Advice
   • Some providers may ask you to assign your MedPay benefits directly to them, which could create issues with other lienholders.
3. Help your Attorney Verify All Liens and Subrogation Rights
   • Your attorney can ensure that all valid claims are accounted for before MedPay funds are distributed, but without your cooperation, s/he might not know all the places to look!
4. Work with Your Attorney to Negotiate Liens
   • In some cases, an experienced attorney can reduce or negotiate medical liens, helping you retain more of your settlement or MedPay benefits.

Final Thoughts

Your MedPay coverage is meant to help cover your medical expenses, but improper handling can leave you liable for unpaid medical liens or insurance reimbursement claims. Before making any decisions, consult with an experienced attorney who can protect your interests.

At Jeffrey Allen Howard, Attorney at Law, PLLC, I help clients navigate the complexities of medical liens and insurance claims to ensure they are fully protected. If you’ve been injured in an accident, contact me today for a free consultation.

When you’re injured in an accident, it’s tempting to handle the insurance claim on your own. After all, how hard can it be to explain what happened and get compensated for your losses? Unfortunately, the process is often far more complicated than it seems, and going it alone can cost you time, money, and peace of mind. Here’s why letting an experienced attorney handle your injury claim is almost always the better choice:

1. Insurance Companies Are Not on Your Side

Insurance adjusters are trained to minimize payouts, no matter how valid your claim may be. They may use delay tactics, offer a lowball settlement, or even try to deny your claim outright. Without a knowledgeable advocate on your side, you might accept far less than what you’re truly owed—or nothing at all.

2. You Might Undervalue Your Claim

Determining the value of an injury claim involves more than adding up medical bills. You also need to consider future medical expenses, lost wages, reduced earning capacity, and pain and suffering. Many people overlook these critical elements, leaving significant compensation on the table.

3. Mistakes Can Be Costly

Filing an injury claim involves navigating a maze of deadlines, legal paperwork, and insurance requirements. A single misstep, such as missing a statute of limitations or failing to document your injuries properly, can jeopardize your entire case.

4. Your Focus Should Be on Recovery

Dealing with insurance companies, gathering evidence, and negotiating a settlement is time-consuming and stressful. After an injury, your energy should be focused on healing, not the minutiae of a legal claim. An attorney takes the burden off your shoulders, allowing you to prioritize your health.

5. An Attorney Can Level the Playing Field

Experienced personal injury attorneys understand the tactics insurers use and know how to counter them. They can negotiate effectively, gather compelling evidence, and, if necessary, take your case to court. This can lead to significantly higher settlements than those obtained by individuals handling claims on their own.

6. No Upfront Costs for Legal Representation

At Jeffrey Allen Howard, Attorney at Law, PLLC, I work on a contingency fee basis, which means I don’t get a fee unless I get you a recovery of some sort. This ensures that you can access high-quality legal representation without any financial risk.

Conclusion

While it might seem like handling your injury claim is the quickest and cheapest option, the risks and challenges often outweigh the benefits. By working with a skilled personal injury attorney, you can protect your rights, maximize your compensation, and focus on what matters most—getting better.

If you’ve been injured in an accident, contact Jeffrey Allen Howard, Attorney at Law, PLLC, today for a free consultation.

I’m sure I’ve heard someone say, “Timing is everything.” I’m also sure they’re right.

I could give you a million examples of good and bad timing, but let’s talk strictly about injury claims in North Carolina.

If you’re hurt, mention it as early as possible. The longer you wait to bring up a condition or problem that you want to relate to an accident claim, the less likely your new condition or problem will be taken seriously. Sure, there are exceptions to every rule, but generally when you wait a long time to bring something up, it just looks more suspicious than anything else.

If ANYTHING at all feels differently after an accident, mention it, no matter how silly. You want that complaint on the record (at the hospital, urgent care, pcp, chiropractor, whatever…) as soon as possible. If you complained about it right after, that gives us a stronger causation argument. But the later you complain about it…

For one example: Let’s say a client is in an auto accident on 1/1/25. He complains of neck and back pain and goes to a chiropractor. Six weeks later, he says he fell out of bed because his knee hurt, and then he’s diagnosed with a knee issue. That looks suspicious, right? If his knee was hurt in the original accident, how come it didn’t cause any problems in the 6 weeks since? The answer looks to be that it probably wasn’t hurt, and if anything maybe he hurt it in the fall, which had nothing to do with the auto accident.

Timing is everything. Make sure you complain early and often. Also, don’t make $#!* up.

Understanding the “No Contact Rule” in North Carolina Uninsured Motorist Claims

Car accidents can be stressful and complicated, especially when the at-fault driver is uninsured. In North Carolina, uninsured motorist (UM) coverage can provide crucial protection when you’re hit by an unknown driver or someone who doesn’t have insurance. However, specific rules and requirements govern these claims, including the “no contact rule.”

In this post I’ll break down what the no contact rule means, how it applies to uninsured motorist claims in North Carolina, and steps you can take to protect your rights.

What is the “No Contact Rule”?

The no contact rule is a requirement that applies in hit-and-run cases where the at-fault driver flees the scene, leaving their identity unknown. For a hit-and-run accident to qualify as a UM claim in North Carolina, there must have been physical contact between the at-fault phantom (that’s what we call it!) driver’s vehicle and the claimant’s vehicle.

This means that if there is no physical contact—for example, if another driver causes you to swerve and crash but never touches your car—your uninsured motorist coverage may not apply under the law.

Why Does the No Contact Rule Exist?

The purpose of the no contact rule is to prevent fraudulent claims. Without this requirement, it would be easier for someone to falsely claim that an unidentified driver caused their accident. While the rule aims to protect insurers from potential fraud, it can create challenges for legitimate claimants.

Exceptions and Challenges

There are limited exceptions to the no contact rule. For instance, if a witness can testify to the other driver’s involvement, their testimony might support your claim. However, this exception is not guaranteed to succeed, as insurance companies often scrutinize such cases closely.

Steps to Take After a Hit-and-Run Accident

To protect your rights and strengthen your uninsured motorist claim, follow these steps after a hit-and-run accident:

1. Call the Police Immediately: A police report is essential for any UM claim. Provide as much detail as possible about the incident and the other vehicle.
2. Gather Evidence: If possible, take photos of the accident scene, your vehicle, and any physical damage. Look for surveillance cameras or witnesses who can corroborate your account.
3. Seek Medical Attention: Even if your injuries seem minor, see a doctor. Prompt medical records can strengthen your claim.
4. Notify Your Insurance Company: Report the accident to your insurer as soon as possible. Provide all necessary documentation, including the police report and evidence you’ve collected.
5. Consult an Experienced Attorney: Navigating UM claims and the no contact rule can be complex. An experienced attorney can evaluate your case, negotiate with your insurer, and advocate for your rights.

How a Lawyer Can Help

If you’ve been involved in a hit-and-run accident and are facing challenges with the no contact rule, consulting a skilled personal injury attorney is crucial. An attorney can:

• Investigate the accident thoroughly to uncover evidence.
• Advocate for your rights in disputes with your insurance company.
• Explore potential exceptions to the no contact rule.

At [Your Law Firm Name], we have extensive experience handling uninsured motorist claims and navigating the intricacies of North Carolina’s no contact rule. We’re committed to helping you secure the compensation you deserve.

Conclusion

The no contact rule in North Carolina uninsured motorist claims can complicate the process for hit-and-run victims. However, understanding the rule and taking the right steps after an accident can make all the difference. If you’ve been in a hit-and-run accident, don’t hesitate to seek legal guidance to protect your rights and secure the compensation you need.

What Is Arbitration? A Guide to This Alternative Dispute Resolution Method

Arbitration comes up in my practice mostly in the context of claims against your OWN insurance carrier, and most commonly in the Uninsured Motorist or Underinsured Motorist claims context. This article provides a straightforward explanation of what arbitration is, how it works, and its pros and cons.

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What Is Arbitration?

Arbitration with your insurance carrier is a form of alternative dispute resolution (ADR) where THREE third-parties, known as an arbitrators, hear and decide a dispute. Unlike court trials, which are public and governed by rigid rules of evidence and procedure, arbitration offers a more private and flexible approach.

Arbitration can be binding or non-binding:

• Binding arbitration means the arbitrator’s decision is final and enforceable, similar to a court judgment.
• Non-binding arbitration allows parties to seek other remedies if they are dissatisfied with the arbitrator’s decision.

Arbitration in the context of UM and UIM claims is generally binding.

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How Does Arbitration Work?

The arbitration process typically follows these steps:

1. Agreement to Arbitrate: By having auto insurance in North Carolina, you’ve already agreed to resolve your dispute with your carrier through arbitration due to an arbitration clause in the standard insurance agreement.
2. Selection of an Arbitrator: We, as the plaintiffs, select an arbitrator and the carrier, as the defendant, selects an arbitratoras well. Those two arbitrators jointly agree upon a third arbitrator who is referred to as the “neutral.”This panel of arbitrators often has a lot of expertise relevant to the dispute. We each pay the hourly rate of our own arbitrator and we split the neutral’s fee with the defendants.
3. Arbitration Hearing: The arbitrators conduct a hearing where both sides present evidence, witnesses, and arguments. While less formal than a courtroom trial, arbitration still allows for structured presentations.
4. Decision: After reviewing the evidence, the arbitrators issue a written decision, known as an award. In binding arbitration, this decision is final and enforceable.

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What Are the Benefits of Arbitration?

Arbitration offers several advantages, including:

• Efficiency: Arbitration can resolve disputes more quickly than traditional litigation, which often takes years.
• Cost-Effectiveness: Without the prolonged procedures of court trials, arbitration tends to be less expensive, but in some cases can be more expensive. It depends!
• Privacy: Arbitration proceedings are private, which can be crucial for businesses and individuals seeking to keep sensitive matters confidential.
• Flexibility: Parties have more control over scheduling and procedural rules.
• Expertise: Arbitrators with specialized knowledge can better understand complex technical or industry-specific issues. This is really nice compared to a random jury panel that may not understand anything of what’s going on in your case.

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What Are the Drawbacks of Arbitration?

While arbitration has many benefits, it’s not without drawbacks:

• Limited Appeal Rights: In binding arbitration, decisions are final, with very limited opportunities for appeal.
• Costs in Some Cases: Arbitrator fees can be significant, especially for complex disputes requiring multiple sessions. And you still have to have a medical expert, which can really drive up costs.
• Unequal Bargaining Power: In some cases, one party may feel pressured to agree to arbitration clauses that favor the other party.
• Lack of Transparency: While privacy can be an advantage, it also means arbitration awards do not create public precedents, which may leave broader legal questions unresolved.

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Is Arbitration Right for You?

Arbitration can be an effective tool for resolving disputes, but it’s not a one-size-fits-all solution. If you’ve got a UM or UIM claim, it’s crucial to understand the terms of your arbitration agreement and the potential implications for your case. Consulting with an experienced attorney can help you navigate this process and make informed decisions.

If you have questions about arbitration or need legal assistance, contact me at 919-929-2992.

When you’re handed a traffic ticket, your first instinct might be to pay the fine and move on. However, if you’re considering contesting it or mitigating its impact, hiring an attorney can make all the difference. Specifically, working with a small, local law office offers several unique advantages over larger firms or handling it alone. Here’s why:

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1. Local Expertise

Small, local law offices are deeply familiar with the courts, judges, and prosecutors in their area. This local knowledge can be invaluable. For example:

• They understand the tendencies and preferences of local judges, which can help in crafting a persuasive argument.
• Local attorneys often have relationships with prosecutors, enabling more effective negotiation for reduced penalties or dismissed charges.

Having someone who knows the nuances of the local traffic court system increases your chances of a favorable outcome.

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2. Personalized Attention

Unlike large law firms, small offices tend to handle fewer cases at a time. This means:

• More time for your case: Your lawyer will dedicate the necessary attention to understand your situation and craft a tailored defense.
• Direct communication: You’re more likely to work directly with the attorney, not paralegals or junior staff.
• Responsive service: With a smaller caseload, local lawyers are often quicker to return calls and provide updates.

This personalized approach ensures you don’t feel like just another case number.

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3. Cost-Effectiveness

Small, local law offices often have lower overhead costs than big firms, translating to more affordable fees. For traffic tickets, where stakes may not justify high legal expenses, this is a critical benefit. Additionally, their efficiency in handling local cases can mean better results for less money.

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4. Tailored Defense Strategies

Local attorneys are more attuned to area-specific issues, such as:

• Speed traps or notoriously unclear signage.
• Patterns in enforcement by local police departments.
• Knowledge of diversion programs or alternative sentencing options offered in your area.

They can leverage this understanding to build stronger, more relevant defenses.

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5. Support for Community Businesses

By choosing a small, local law office, you’re also supporting your community. Local attorneys are invested in maintaining a good reputation in their home area, often going the extra mile to ensure client satisfaction. Your support helps sustain a vital part of the local economy.

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6. Easier Accessibility

Local offices are conveniently located and easy to reach if you need to drop off documents or meet in person. They are also more likely to be flexible with scheduling, which is helpful when navigating the demands of daily life.

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7. Peace of Mind

Dealing with a traffic ticket can be stressful, especially if you’re worried about points on your license or increased insurance premiums. A local attorney can:

• Reduce your stress by handling court appearances on your behalf.
• Explain the process clearly and alleviate uncertainties.
• Increase the likelihood of avoiding severe consequences like license suspension.

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Hiring a small, local law office for your traffic ticket case is a smart investment. Their knowledge of the local legal landscape, personalized service, and cost-effectiveness set them apart from larger firms or attempting to handle the matter alone. By working with a dedicated professional, you can protect your driving record, save time, and reduce stress—all while supporting your community.

If you’re facing a traffic ticket, don’t hesitate to reach out to a local attorney. Their expertise could make a world of difference.

I know, I know, EVERYONE loves texting. It’s convenient, it’s only as intrusive as the recipient allows it to be, it’s quiet. There are several good things about texting. And yes, I text friends and family. It’s hard to beat it for immediate but subtle contact.

Having said that, I cannot practice law through texting. I just can’t. I understand you want to ask a quick question, I understand you want a quick response, but I’m going to explain to you why it’s just not appropriate in the attorney/client context:

• When you text your doctor, what do they say? They don’t say anything because you don’t text your doctor. I’m your lawyer. Same thing.
• To explore the above point, why do you think that is the case? Both doctors and lawyers are HEAVILY regulated professions. We have watchdog groups and governmental organizations waiting to pounce on us when/if we make a mistake. People hate us (which is a whole separate blog post) so we have to try to be perfect. The problem with giving professional advice via text is that it’s too gosh darn small. The screen is small, the keys are small, and it’s a format that is made for convenience, NOT complexity. What we have to explain to our clients can be subtle, and it’s simply too tempting to cut corners on texts because they’re supposed to be short and fast. Believe me, the best lawyer answers are NEVER short NOR fast.
• Let’s get back to the size thing…it’s progressively a pain (literally) for me to see texts and type with tiny keys as we get older. Please just let me use my big computer screen and keyboard!
• Email is SUPERIOR IN EVERY WAY. First, you can see it on your phone just as well, if not better than texts. Second, emails are trackable and searchable in a way that texts simply aren’t. I can’t tell you how many times I’ve had to go back through a thread to see what a client wrote (or to show that I wrote something) and doing that through text is just really not possible. Third, texts get lost in the morass of memes and grocery lists and honey-do stuff that come through my phone constantly. If your “urgent” text (that could have been a phone call if it were so urgent…) might get buried below that stuff and I’ll never see it (because I’m not looking for it, because I asked you not to text me in the first place). That’s not my fault. Emails, on the other hand, show up highlighted in my inbox and are gloriously obvious. I can see them, so I’ll respond to them!

If you’re running late to a meeting and choose to text me that you’re late instead of calling, fine. But otherwise, just call me! Or email! If you REALLY just love sending messages with your phone, then use your email app on your phone. It’s really not that bad. You may not be an “email person” and you may see email as 20th century, but I’m here to tell you, I just can’t practice law via text, so please understand why I simply can’t rely on that medium as a method of communication.