What are Your Rights When You are Injured in a Car Accident?

What are Your Rights When You are Injured in a Car Accident?

Charlotte NC Auto Accident Lawyer

A startling number of auto accidents resulting in injuries occur every year, leaving victims with temporary or permanent  disabilities. Statistics show that 110,406 people were injured in such mishaps in 2012 in North Carolina and more than 1,260 fatalities occurred in the region as a result of auto accidents in the same period. Clearly, it is not wise to believe that such mishaps ‘only happen to other people’. Learn what your rights are in such situations and know how to protect them.

Your right to compensation

The very first thing to know is that in North or South Carolina, you have a right to compensation if you are injured in an auto accident that occurred through no fault of your own. That means, if a speeding driver crashes into you or if he violates a red light causing an accident in which you are left injured, the law ensures that you are recompensed for the trauma you suffer.

What do the damages cover?

A common misconception is that damages recovered through a personal injury lawsuit will cover only the cost of treatment for injuries sustained in the mishap. The truth is that an accident causes far more than just physical or superficial injuries. As an auto accident victim you suffer mental agony, which may leave lasting physical and mental scars.

In many cases, your injuries could force you to stay away from work for a while, leading to loss of pay. Worse still, the injury could debilitate you to such an extent that your ability to work like before is permanently impaired or your quality of life is affected. For example, a watchmaker who sustains a head injury may suffer impaired vision that renders him unfit for his job. A personal injury claim typically compensates, at least in part, for all of these sufferings that the victim experiences because of the other driver’s negligence.

Should you take the insurance company’s settlement?

Most victims of auto accidents make the mistake of taking the settlement offered by the insurance company without further thought, but this is usually not the best option. The truth is that the insurer tries to minimize the cost to him by offering the lowest possible sum in exchange for your ‘no lawsuit’ acceptance. If you are contacted by the insurer as soon as the accident occurs, do not accept any of his terms verbally or in writing without talking to a experienced North/ South Carolina personal injury attorney. Keep in mind that you may actually be entitled to a much larger amount of compensation than the insurer is willing to offer.

Contact the Auto Accident Law Firm of Bice Law

If you have suffered injury from a vehicle accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We investigate the accident records or scene in order to interview key witnesses and document evidence before it has been destroyed or removed.  We’ll review your medical records and evaluate your long-term prognosis to assess the amount of damages that your injury warrants.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. 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 vehicle accident attorney.

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Child Dies in a Fatal Car Crash the Day After his Mother

 Charlotte, NC Wrongful Death Lawyer

The Charlotte Observer sadly reported that a 3-year-old boy passed away Tuesday, September 9, 2014 due to injuries he sustained after an SUV smashed into the car driven by his mother, Silje Grayston. Caw Kam, the man driving the SUV, was charged with misdemeanor death by vehicle of Grayston and having an open container of alcohol in his car after his SUV swerved across four lanes of traffic and struck Grayston’s vehicle. The Charlotte Observer reported that police are seeking additional charges against Kam for the death of the 3-yearold boy.

Wrongful Death: The Most Painful Case

In a horrific car accident where there is loss of life such as the one above, the victim’s family or loved ones may be able to file a civil cause of action for wrongful death in addition to criminal charges. Under North Carolina law, the plaintiff must prove the usual elements of negligence and additionally, the existence of a legal beneficiary. The classic elements of negligence which must be shown in a court of law in order to recover for a wrongful death action are as follows:

  • Duty of Care: The defendant/driver owed the injured part a duty of care;
  • Breach of Duty of Care: The defendant breached their duty of care through their negligent acts;
  • Causation: The defendant’s action must be the actual cause of the injured party’s injuries; and the defendant’s actions were the legal or proximate cause of the party’s injuries;
  • Damages: The plaintiff suffered an injury or damages. In this case, the plaintiff must show that the defendant’s actions resulted in death.

To prove a defendant/driver is negligent in causing the death of another, a successful plaintiff must prove each of the above elements by a preponderance of the evidence. Although all of these may seem confusing or even a foreign language, an experienced attorney at Bice Law, LLC will be able to explain it thoroughly.

If You Are Involved in a Car Accident, Contact a Bice Law Attorney

If you or a loved one has been involved in a car accident caused by a negligent driver, or you have lost a loved one due to the negligent driving of another in North Carolina or South Carolina, contact an experienced attorney at Bice Law, LLC and schedule a free consultation immediately. Furthermore, if you or your loved one has injuries that require expensive hospitalization, continued rehabilitation, permanent physical or mental damage, or even death, our attorneys are ready and willing to help you recover the damages to which you are entitled and explain the legal process in an understandable manner. To discuss the facts of your case with an experienced attorney at Bice Law, LLC, click here or call (855) 5-BICE-LAW.

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Dependent Claims

Charlotte, NC Personal Injury Lawyer

If you have lost a loved one, a Charlotte personal injury attorney can explain how insurance companies decide whether you have a valid claim through your relationship with the decedent. Here are a few factors that they use to make this determination.

Dependent Status
The insurance company considers several factors in determining whether you are dependent, including:

  • The amount of time during which the dependency would have continued had the decedent not died;
  • Closeness of the relationship between you and the decedent;
  • Whether the dependent status was partial or total; and
  • The cost of the maintenance of the deceased if he had lived, such as food, clothing, shelter and transportation

Children Claimants
An insurance company may choose to make a settlement offer that includes all claimants, including children. Adult children may be permitted to divide the proceeds. However, if the dependency was great, the value of the damages will probably increase. A child’s age can influence the value for children claimants because the younger the child is, the longer the dependency would have lasted. Additionally, educational expenses, clothing, transportation and necessities should be considered in this evaluation.

Spousal Claimants 
Spouses may ask for damages that are equal to the amount that they would have needed to fully support themselves as they would have been had the decedent lived. Loss of affection and companionship may also increase the value of the 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.

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What You Should Know About North Carolina Medical Malpractice Claims

Charlotte NC Medical Malpractice Lawyer

As per North Carolina law, you have a legitimate medical malpractice claim if you can establish that your medical care provider violated or breached the standard of care during your treatment. If he/ she used practices that are not generally accepted or employed by healthcare professionals practicing in the same area, it may become grounds for a successful malpractice claim, However, you should be able to show that these practices caused you the injuries that are the basis of the personal injury claim that you are filing.

Is your personal injury claim limited to treatment?

Typically, personal injury claims are filed when a specific practice/ treatment by the doctor has caused injury to the patient. However, a claim can be filed even if he/ she has given you a misleading/ mistaken diagnosis, used atypical practices during surgery or while administering anesthesia. In effect, if the doctor has employed a practice that is not deemed as ‘standard’, in any aspect of medical care provided to you and you have been injured as a result, you may have good grounds to file a medical malpractice suit against him/ her.

Statute of Limitations

In North Carolina, the statute of limitations for medical malpractice suits is set as follows:

Within three years after the date when the injury was sustained or death occurred

  • One year after the injury was determined/ discovered if it was such an injury that it is reasonable to believe it escaped notice immediately after the malpractice. In such cases, the statute of limitations allows a period of four years within which you can file the claim.
  • If the malpractice claim is about an object left inside the patient’s body (for example, surgical instruments left inside the body after surgery), the case must be filed within a period of 10 years from the date when the malpractice occurred.

Why should you be aware of the Statue of Limitations?

The Statute of Limitations lays the deadlines within which you need to take remedial legal action to claim damages. If you have failed to file the suit within these time limits, you lose the right to claim compensation. When you suspect that your doctor is guilty of malpractice, talk to a medical malpractice lawyer in North Carolina immediately. This will help you take the right action within the right time frame so that your right to compensation is fully protected.

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 Carolina 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.

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Proving a Slip and Fall Case

Charlotte, NC Slip and Fall Injury Lawyer

Were you injured on someone else’s property, and have proof that you were not at fault? Consider the following 6 key factors to increase the odds of winning your personal injury case, and then contact a good personal injury lawyer in Charlotte without delay.

Contact the Slip and Fall Injury Law Firm of Bice Law

If you have suffered injury or harm in a trip and fall or slip and fall accident at someone else’s property or business, 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  slip and fall injury 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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How to Protect your Rights as the Victim of an Auto Accident

Charlotte NC Auto Accident Lawyer

Auto accidents may occur at anytime, anywhere and to anyone no matter how careful they are. If you have been the victim of such an unfortunate incident, it is important for you to take immediate steps so that your rights are fully protected. After all, an accident can cause significant mental anguish and physical pain to you and at times, the impact may last a  lifetime. Apart from all of these,  medical treatment for the injuries sustained can burn a good sized hole in your wallet too. By filing a personal injury suit against the person responsible for the accident you make sure that your costs are covered and that the perpetrator is deterred from irresponsible driving. Take a look at the following points you should keep in mind as soon as you have been  injured in an auto accident in North or South Carolina:

Inform the Police Immediately

Calling the cops is in your best interests as soon as you have been injured in an auto accident in North or South Carolina. This helps establish the accident and its impact on record, which may prove very useful when you have to state the facts during your personal injury lawsuit. State laws require that the driver who is involved in the accident should contact the police immediately if anyone has sustained injuries in the accident,  there has been a fatality or property damage exceeding $500 has taken place.

Get Evidence to Back Your Claim

If the driver of the car is clearly at fault for the accident then it is a good idea to gather evidence to back this claim at the scene of the mishap. Collect contact details from the witnesses who can state how the driver was responsible for the mistake, for example, how he ran a red light. If possible, get written statements from them. Take pictures of the accident scene with your phone to indicate how the driver was on the wrong side of the road or how the skid marks show his car had been out of control when it collided with you. These can be used at a later stage to back up your personal injury claim.

Collect the Errant Driver’s Insurance & Contact Details

To file a personal injury claim, you need to know the driver’s address, contact details etc and also about his insurance coverage. Typically, an exchange of information takes place right after the accident between both driver and victim. If this has not happened by the time the  police get to the scene of accident, they will ensure that the relevant information- identity, contact details, auto insurance information, are taken by both parties.

Making sure that you take the right action at the scene of the accident is important because it can help you strengthen your personal injury claim. This is especially true of accidents where the other driver’s irresponsibility has resulted in your injuries or where the accident occurred because he/ she ignored the traffic rules.

Contact the Auto Accident Law Firm of Bice Law

If you have suffered injury from a vehicle accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We investigate the accident records or scene in order to interview key witnesses and document evidence before it has been destroyed or removed.  We’ll review your medical records and evaluate your long-term prognosis to assess the amount of damages that your injury warrants.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. 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 vehicle accident attorney.

 

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Safety Issues With Tractor-Trailers

Charlotte NC Large Truck / Tractor-Trailer Accident Lawyer

In 2012 there was a large truck inspection that occurred, sadly this showed that 20% of those inspected, being over 2 million trucks, should not have been on the road due to service violations. Along with that, nearly 5% of truck drivers, 171,000, had enough violations to be be removed from their position.

An Illinois man knows what a the dangers of these large trucks are; he lost his wife, mother-in-law and two kids when a truck driver was speeding and smashed the back end of their van. According to the police report the truck driver had three prior rear-end accidents and seven warning letters from his employer, but was allowed to continue driving. Around 11 people each day suffer the same fate as this family.

Around 4,000 people are killed and 100,000 others are injured in large truck and bus crashes each year on the highways.

Can we make the roads safer?

  • Mercedes recently unveiled an autonomous truck and plans to have driverless trucks on the road by 2025.
  • Volvo Trucks has developed enhanced cruise controls which automatically engage the brakes if a truck approaches another vehicle too quickly and lane departure warning systems that alerts the driver if the truck drifts into the middle of the highway.

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.

Source: http://www.thetrucker.com/News/Stories/2014/7/30/CNBCserieslooksatsafetyofbigrigsonhighway.aspx

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Five Common Myths About Personal Injury Claims

Charlotte, NC Personal Injury Lawyer

There are quite a few misconceptions about personal injury claims that may prevent you from taking smart decisions when you’re a victim of medical malpractice or an auto accident. Here are five common myths busted.

Myth #1 : I don’t have to sue immediately

 While you don’t have to file a claim immediately after suffering a car accident or discovering medical malpractice, we suggest you don’t stretch it too long for the simple reason that settlements and court trials can sometimes take up to four years until they are concluded. At any cost, you should not wait until after the applicable statute of limitations to file a claim. South Carolina provides you three years from the date of injury to file a lawsuit in a civil court. Failure to file within this time limit can see your case being refused entirely. It’s best to take quick action when you have a full recollection of the incident and sort it out so you can move on with your life.

Myth #2 : If I hold out for every penny I deserve, my insurance company will definitely settle for a higher amount

Insurance companies will not settle just because you hold out long enough; the extent of your injuries and the unique circumstances of your case will ultimately influence the insurer carrier’s willingness to settle. The company will take into account its internal policies, look at the track record of the assigned judge and even consider your attorney’s reputation in deciding the matter. It is best to enlist the services of an experienced personal injury attorney to understand your options.

Myth #3 : My lawyer can accurately predict how much money I will be awarded

A personal injury lawyer can give you an idea of how much your case is worth. Predicting the exact amount received from a settlement or court verdict is impossible. A variety of factors can affect the outcome of your case. No personal injury case is exactly identical, hence the damages recovered also vary from case to case. Focus on understanding what makes your case strong and rely on a reputed attorney for best results.

Myth #4 : I don’t need a lawyer to settle a claim with my insurance company

You can certainly settle without a lawyer by your side but there is a high chance that you will receive much lesser in compensation than if you were to retain the services of a personal injury lawyer. Only a licensed state attorney can navigate the legal aspects of your case, uphold your rights properly, and give you a shot at a fair compensation.

Myth #5 : I will inevitably get stuck in a complex legal process

Other than the initial consultation and some paperwork, there’s not much else to do. Your personal injury attorney will take over and you can focus on rehabilitating your injury.

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 – contactthe 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.

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Eight Liable Parties

Charlotte NC Auto Accident Lawyer

Determining who is at fault for your auto collision isn’t an easy affair — and your Charlotte personal injury attorney can help you determine who was the most responsible. Anyone in a recent crash should look

Contact the Auto Accident Law Firm of Bice Law

If you have suffered injury from a vehicle accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We investigate the accident records or scene in order to interview key witnesses and document evidence before it has been destroyed or removed.  We’ll review your medical records and evaluate your long-term prognosis to assess the amount of damages that your injury warrants.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. 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 vehicle accident attorney.

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