Common Personal Injury Claims
By far the most common personal injury claims are those involving automobile accidents. These claims typically start with negotiations between your attorney and the at-fault driver’s automobile insurance company. Unless liability is in question, the negotiations will focus on the types and amount of your damages. Some elements of damages recoverable in personal injury cases, auto accident or otherwise, include:
- medical and pharmaceutical expenses
- lost wages and/or diminished earning capacity
- physical, mental, and emotional pain and suffering
- permanent disability
If you and your attorney can reach an agreement with the insurer, your claim may be resolved without filing a lawsuit. However, if the insurer refuses to “play ball” and makes unreasonably low offers, you are entitled to file an action against its insured. If that happens, the insurer is responsible for any verdict up to the amount of its coverage.
Of course, not all personal injury claims arise out of a common set of facts. Others are more unique. For example, one might be injured when a window washer drops a tool from a tall building. Or perhaps, when a parking garage fails to provide adequate security, allowing an assault to take place. In these scenarios, you are far less likely to be able to simply negotiate a settlement with the at-fault party or his insurer. More typically, you will be forced to file suit and show that you are serious about pursuing your claim through the legal process. It is essential that you have a lawyer for these types of claims.
Liability and Representation
There are other aspects of the personal injury claims process where retaining a lawyer can be critical. The first involves “finding coverage.” This is typically an issue in auto accident cases. In North Carolina, drivers are only required to carry minimum liability limits of $30,000.00 per person/$60,000.00 per accident. If your damages exceed $30,000.00, as they often do, your attorney may be able to assist by investigating to determine if there are any other applicable coverages.
Another growing problem in the personal injury claims process is liens and subrogation claims. Nowadays, medical providers and insurance companies are increasingly aggressive about pursing your settlement. In some cases, they may be entitled to less than is claimed or even nothing at all. Having an attorney willing to investigate these issues is important to ensuring that you, and not your insurer, are fully reimbursed for the pain you have suffered.
Raleigh Personal Injury Attorneys
The Raleigh law firm of Maginnis Howard represent North Carolinians in personal injury and wrongful death claims, including automobile accidents, slip-and-falls, and animal attacks. Unlike many larger firms that utilize teams of case managers and paralegals, all communication and work on your case will be through a licensed North Carolina attorney.
Maginnis Howard handles all personal injury and wrongful death claims on a contingency fee basis. This means that you only pay attorneys’ fees if and when we recover a settlement or verdict on your behalf. The firm offers free consultations and will travel to meet with you to discuss and investigate your claim.
To speak with an attorney regarding your personal injury claim, call the firm at (919) 526-0450. Alternatively, you may send the details of your claim using our contact page. We represent clients throughout North Carolina, including Raleigh, Durham, Cary, Apex, Chapel Hill, Greenville, Fayetteville, Sanford, and Greensboro.
