If the Defendant Lies about Your Case

If the Defendant Lies about Your Case

Unfortunately, minimizing, and even outright lying are common in personal injury cases. Without a personal injury attorney in your corner, you may be at a disadvantage in trying to counter misstatements about the incident.

Motivation for Lying

The defendant has motive for lying, and his insurer has motive to accept his lies as fact. After all, the defendant doesn’t want his rates to rise, or worse—to lose coverage altogether. The insurer doesn’t want to have to pay out on a settlement. This is not to suggest that insurers will knowingly work in collusion with their clients to offer false information to the court, although some may indeed do so.

What your Charlotte Personal Injury Attorney Will Do

Any experienced personal injury lawyer has had to deal with defendants who were less than truthful. Your lawyer will interview and take testimony from witnesses who can attest to the veracity of your version of events. He may also re-visit the accident scene to study the logistics of both your story and the defendant’s trumped-up one. Often simply by considering step-by-step the feasibility of the defendant’s version of events its unlikelihood emerges.

The truth usually comes out, and a case settled one way or the other. If a settlement cannot be accomplished because defense attorneys are digging in their heels, it will be necessary for your personal injury attorney to take the case to trial.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorneyWe serve families across both North Carolina and South Carolina.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

 

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Hypoxic Brain Injury

Charlotte NC Brain Injury Lawyer

After being born 13 weeks early by cesarean section, the two pound two ounce baby girl was suffering from respiratory problems and transferred to a specialist unit at another hospital.

Only two days old the baby was placed on a ventilator when the  endotracheal tube that was attached to the ventilator became dislodged. In the period of time before the hospital staff had noticed that the baby’s tube had become displaced, she had already suffered significant oxygen loss. It then took another several minutes because the Doctor treating her had no special training in incubation, it took two tubes and four attempts before he was able to get the tube into the trachea to assist her with her breathing.

At 49 days old the baby died in her mothers arms. The pathologist did a report which showed that she had died from a hypoxic brain injury which stemmed from the displacement of her ventilator tube.  The baby, while in the care at the hospital had suffered over-ventilation causing complications as well.

The pathologist stated that  the aftermath of the brain damage was ‘quite extensive and widespread’ and was consistent with the damage from the tube displacement.

Contact the Traumatic Brain Injury | Head Trauma Law Firm of Bice Law

If you, or someone you know has experienced a traumatic brain injury, take the first step to protect your legal rights– contact Justin Bice and the personal injury firm of Bice Law serving both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a traumatic brain injury lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Depositions in Your Wrongful Death Case

Charlotte NC Wrongful Death Lawyer

Depositions are used for many purposes. The taking of depositions is a part of the discovery process in a wrongful death case. Not only can you expect to be deposed, but witnesses, and of course, the defendant will likely be called to submit to depositions as well. Your Charlotte wrongful death attorney will depose the defendant.

 Common Purposes of Depositions

The gathering of evidence is the primary use of a deposition. Defense attorneys will want to depose you in order to glean as much information about your wrongful death claim as possible. Other uses of depositions are:

  • Locking in Testimony – The answers you give during deposition become a part of the court record. As such, any diversion from these answers later at trial will be used to impeach your testimony. Of course, your Charlotte wrongful death attorney will similarly use the statements of the defendant.
  • Obtaining Admissions – Depositions may also be used to garner information that tends to weaken the other side’s case. In this way, the facts to which a witness testifies can be used as admissions.
  • Support of Motions – The testimony of a witness can, in some cases, be used in place of an affidavit to support a motion. It can even be regarded as superior. This is because of the fact that witness testimony can be submitted to scrutiny during cross-examination, while the facts of an affidavit cannot.
  • Authentication of Documents – Often one of the more difficult challenges for a Charlotte wrongful death attorney is getting certain documents into evidence. At times the testimony of a witness to the authenticity of a document can serve this purpose.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

 

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Fatal Tractor-Trailer Accident

Charlotte NC Large Truck/Tractor Trailer Lawyer

Car accidents are horrifying experiences, large truck and tractor-trailer accidents are frequently more damaging.  Accidents involving a large truck or tractor-trailer often cause private property/infrastructure damage, serious injuries, and the loss of life

On an early August afternoon a tractor-trailer rear ended a car with its hazard lights flashing. Both the tractor-trailer and the car were thrown into the inside wall on the highway, causing a devastating explosion. The woman of the passenger car did not survive this traumatic crash.

The significant expenses related to an accident of this extremity are staggering to calculate. The cost to the individuals family for their loss is incalculable. The  property damage to the vehicle, not to mention the damage the semi did to the roadway would need to be factored in as well.

Contact the Large Truck / Tractor-Trailer Accident Lawyer

If you have suffered a serious injury in a truck accident, contact the personal injury firm of Bice Law serving both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  large truck / tractor trailer accident attorneyWe serve families across both North and South Carolina.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Creating Photographic Evidence for Your Auto Accident Claim

Charlotte NC Car Accident Lawyer

Photographic evidence can be very compelling in a personal injury claim, particularly if the case is taken to a jury trial. Your Charlotte auto accident lawyer may ask you to take photographs of the scene of your accident, or hire an investigator to do so. The following will give you some guidelines on how to collect this evidence.

Camera Settings

You will want to set your digital camera to the maximum image size, in pixels, and best image quality (or compression ratio). Don’t use the zoom feature on shots meant to depict what each driver saw.

 Important Shots

You or your Charlotte auto accident lawyer will want to take the following shots of the area where your accident took place:

  • Views of Stop Signs: Considering yourself as driver 1, and the defendant as driver 2, travel along the road in the direction each was traveling. Begin about a quarter mile from the accident scene, and take shots of each traffic control sign/signal along the way.
  • 200-Foot Approaches: For both drivers’ approaches, take two shots about 200 feet from the accident site, at eye level. One of these shots should be toward the place of impact, and the other toward where the other car was approaching.
  • 100-Foot Approaches: Repeat the above at 100 feet.
  • 25-Foot Approaches: Repeat above at 25 feet, but include tire marks, obstacles, and debris at/near the point of impact.
  • At the Impact Site: Take shots of the area from various directions. If there were witnesses to the accident, include shots of the impact site from where they were standing/driving.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a car accident attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Indicators of an Improper Claim Denial

Charlotte NC Personal Injury Lawyer

The insurance company does not want to pay out on your personal injury claim if it can avoid doing so. While most insurers at least work within the limits of the law, occasionally they deny claims in ways that, upon analysis, prove to be improper. Your Charlotte personal injury lawyer knows how to deal with such a denial, but the following should give you an idea of the sorts of tactics insurers may employ.

Indicators of an Improper Denial Letter

You and your Charlotte personal injury lawyer should beware of any of the following in the letter of denial:

  • The insurance company denies your claim, but fails to specify the provision of the policy which justifies denial.
  • The insurer does not provide copies of the defendant’s policy.
  • The insurer justifies its denial with policy language that either is not there or is irrelevant to your case.
  • The insurer does not indicate a specific reason for denial. This suggests that they simply are denying your claim without conducting an investigation.
  • Along with denying your claim, the insurer asks for more information about your case. This is an indicator that they want information to use against their client, the policyholder.
  • The insurance company never meets with their client.
  • The insurer cancels the defendant’s coverage at the same time it denies your claim.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorneyWe serve families across both North Carolina and South Carolina.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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A DUI Results in Wrongful Death

Charlotte NC Wrongful Death Lawyer

A man and his wife, who was six months pregnant, were driving in their SUV when they were suddenly crashed into by a Volvo going nearly 100 mph. The driver of the Volvo had just left a bar with the blood alcohol level of .23, nearly three times the legal limit.

Both the man and his wife were critically injured and lost their un-born baby, both of them spending months in the hospital.

The drunk driver was pronounced dead at the scene of the collision.

The state of North Carolina has laws that prohibit any establishment to serve intoxicated customers. These servers and bartenders never had to be trained to learn the signs of intoxicated individuals and how to deal with them.

Businesses are now stating they are going to start training their employees on how to recognize how to notice when customers have had too much to drink.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Negotiating a Settlement in Your Medical Malpractice Case

Charlotte NC Medical Malpractice Lawyer

Your Charlotte medical malpractice lawyer will need to evaluate your case before he can give you a ballpark idea of the size of settlement you may be able to receive. Medical malpractice cases do not always settle for the exorbitant amounts you hear about in the news.

How Case Value Is Determined

Numerous factors can affect case value, including the degree to which the defendant was negligent and cost to you—medical treatment, loss or wages, etc. Medical malpractice claims are often built up somewhat with pain and suffering demands.

 The Initial Demand Figure

When your lawyer makes the initial demand to the defendant’s insurer/lawyers, you should not expect that this will be the actual sum of final settlement. Generally negotiations over medical malpractice settlements are somewhat like buying a used car. The seller has an asking price, the buyer offers less, and hopefully they come to an agreement somewhere in the middle.

 If the Initial Demand Is Very High

Given the above, it might seem logical that your Charlotte medical malpractice lawyer set the initial demand figure artificially high. This tactic never works. The insurance company will in almost all cases reject the figure altogether, or not even respond to the demand at all. From the perspective of an insurance company, receiving such a demand signals an unwillingness to negotiate a reasonable settlement. The insurer will generally return by holding out for a trial. Such a tactic, then, can significantly delay settlement, and even backfire on you and your lawyer.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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