I have been in an automobile accident. Do I need to hire an attorney?
An automobile accident is not simple. Many attorneys and victims think of these claims as simple and easy to resolve. But often, this is not true. Accidents involving drivers who have no insurance are becoming a bigger and bigger problem. And these are often the worst drivers, or those with impairment problems! Many people have coverage on their own policies to protect them when this happens and they don't even know it. They may be covered even if they opted not to purchase comprehensive or collision coverage. An experienced attorney can review your coverages to help you determine if you are protected.
Many victims of automobile accidents suffer injuries that do not seem serious at first, but which can deteriorate and last for years, or even for life. Even cases that do not involved life changing injuries or difficult legal questions are vigorously defended by insurance companies. An innocent victim, standing alone, is simply not in an equal bargaining position.
Do you think you have a case? Do you need assistance? An experienced trial lawyer can help you resolve the difficult issues that block the path to settlement.
How much is my case worth?
This is one of the most difficult and subtle questions asked of a plaintiff's attorney. Assuming there is no dispute about who is at fault (that is, the liability issue) then the value of a case is based on several elements.
- Past Medical Bills
- Future Medical Bills
- Lost Wages
- Future Lost Earning Capacity
- Pain and Suffering
- Permanent Impairment including residual scars or disfigurement
There is no formula to determine the value of a case. It depends on how the evidence comes in. It depends on whether there are inconsistencies in the testimony or the medical records which would make the jury question the credibility of the injured person's case. It also depends on the impression the plaintiff or the defendant make on the jury. Many experienced attorneys who know all the facts can usually predict a "range" of value, but even with all the information, it it not possible to come up with an exact figure.
What is medical payments coverage?
In North Carolina, many people add an optional coverage to their auto or homeowners insurance called medical payments, or med pay, coverage. Med pay is not based on fault. It would cover medical expenses, up to your limit of liability, for each person who was injured while occupying your automobile. It would also cover anyone occupying a vehicle you are driving. Finally, it would cover you or your family members in any vehicle.
Doctors, hospitals, and other health care providers expect pament up front or immediately following treatment of injuries. An injury victim, often unable to work, can have a very difficult time getting the medical care he needs. A liability claim can take months or even years to resolve. This is where med pay comes in. The injured person can get treatment knowing his med pay coverage will help with the bills regardless of how the accident happened.