Adjusted Amounts vs. Billed Amounts In Personal Injury Cases

In personal injury cases, the aggregate amount of medical bills is the determining factor in their valuation. Though it is common practice for the injured party to ask for three times their total costs from the injury, insurance adjusters base their maximum settlements from actual amount of the medical bills themselves. Though this seems pretty (more…)

Can An Accident Victim Be Barred From Recovery

It is general knowledge that landowners are somewhat responsible for injuries to others while they are on the landowner’s property. However, if the injured individual is considered a trespasser, they will be barred from recovery if their claim is that the landowner’s negligence was the cause of their injury. This creates a dilemma for people (more…)

Disbursement of Personal Injury Award

While there are many important facets of a personal injury claim, the monetary award is likely one of the most important to you, the client.  The vast majority of personal injury claims result in settlement.  The question then becomes what happens with those settlement funds and what is the bottom line (that is, how much (more…)

ERISA Liens

Where a personal injury claimant has medical insurance through a private ERISA health plan that is “self-funded”, and that insurance policy paid on medical expenses related to the injury, the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. applies.  In North Carolina, typical medical liens are paid out under (more…)

Medical Liens in Personal Injury Cases

When a medical provider has provided services related to injuries at issue in a personal injury claim, N.C. Gen. Stat. § 44-49 provides the medical provider the right to assert a lien on any recovery.  That is, the medical provider may require that some money from the settlement funds be paid to the medical provider (more…)

What To Do When You Are Injured

When you are injured in a motor vehicle accident, slip-and-fall, or otherwise, the actions that you take immediately thereafter are vital to the success of your case.  First and foremost, recovery under a claim for personal injury is designed to compensate you for the loss that you have suffered.  This loss primarily comes in the (more…)

Beating the Software: How to get the Settlement you deserve

If you have ever been injured and tried to recover from an insurance company, then you know how stressful it can be dealing with the adjuster.  The negotiation process for a settlement can leave a victim wondering how the insurance adjuster evaluates a bodily injury claim.  The fact is many of the major insurance companies (more…)

Recovering Under An Uninsured Motorist Policy

In a perfect world, every time there is an automobile accident, the person at fault has insurance to cover whatever damage they may have caused.  However, this is not the reality of many accidents in North Carolina.  In 2012, it was estimated that 12.4% of drivers in the United States did not have insurance.  Given (more…)

What to Do If You’ve Been Involved in an Auto Accident in North Carolina?

An auto accident can be one of the most frightening events you will encounter.  It is important to attempt to remain calm and make sure that the situation is handled in a way that ensures you receive the medical treatment that is vital to your recovery.  First, you should always contact law enforcement as quickly (more…)

What to Do If You’ve Been Involved in an Auto Accident in North Carolina

An auto accident can be one of the most frightening events you will encounter.  It is important to attempt to remain calm and make sure that the situation is handled in a way that ensures you receive the medical treatment that is vital to your recovery.  First, you should always contact law enforcement as quickly (more…)