At The Peterman Law Firm “We honor the Injured”. We are dedicated to taking care of you when you have been injured in an accident. We have been hurt in car accidents ourselves and know how much of a hassle it is to deal with insurance companies, repair shops and doctors’ offices. Our job, when representing you, is to take away all of the hassle and let you concentrate on recovering. Injured clients deserve to be honored not given the run around. |
Common Questions
Common Questions and Answers
What should you do if you get into an auto accident?
If you're involved in any accident:
- Stop immediately.
- Help the injured. Make careful note of the location and call the nearest police agency. Ask for a doctor or ambulance if needed.
- Act promptly, but carefully. Don't move an injured person unnecessarily. Unskilled handling can turn minor injuries into serious ones. Keep the person warm until skilled help arrives. If there is severe bleeding, try to stop it with direct pressure.
- Warn passing traffic. Have someone alert approaching traffic to prevent further damage. Protect the victims from oncoming traffic. Keep a flashlight and flares in your vehicle for emergency use.
- Exchange information. If you were driving, you must give your name, address, vehicle registration number, and if asked, show your driver's license to any other driver involved in the accident. If you damage an unattended vehicle or other property along the highway, notify the owner or leave your name and address.
Why should you consult an attorney before settling a damage claim?
A lawyer can help you assess whether the offer made by the other party is fair. The fairness depends on the type and seriousness of your injuries, how much you were at fault, and what would happen if the case went to trial.
Another reason you may want to consult a lawyer is to have him or her look over the papers you'll be asked to sign upon settlement. The lawyer can assure you that you aren't signing away any important rights.
If you're hurt in an accident, should you consult an attorney, and when?
Almost always, and as soon after the accident as you can. Your first meeting with a lawyer gives you a chance to ask about the law, the procedures, and the fees. It gives the lawyer a chance to tell you what he or she can do for you. Most lawyers don't charge for the initial conference in a personal injury case. But if you're concerned about cost, be sure to ask whether the first meeting is free before you set an appointment. After the first meeting, you'll be able to make an informed decision on whether to hire a lawyer.
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A claim is valued and usually settled based upon an estimate of what a jury would likely regard as fair and reasonable compensation given the severity of the injury and the effects of the accident on your life, as well as the probability that a recovery against the wrongdoer is warranted. In addition to medical expense and wage loss, you are entitled to money damages for "personal injuries," including pain, suffering, and loss of enjoyment of life. Your attorney may point out additional damages authorized in special cases such as dog bites or flagrant misconduct.
Severe injuries requiring substantial medical treatment, extended absences from work, and permanent physical or mental impairments may command substantial compensation. Juries tend to believe that injuries that cannot be seen or demonstrated objectively are susceptible to exaggeration by the party seeking money damages, and insurance claim personnel tend to appreciate that fact.
When it comes time to settle a claim, both sides should have a clear "before and after" picture of the injuries and how they have affected the victim's life. The "difference" is the value of the claim. For example, a previously healthy, productive, young worker injured severely by an obviously culpable defendant will demand substantial compensation, especially where the victim has undergone substantial medical care, extended loss of earnings, and is facing a future of impaired earning capacity, disfigurement, pain, and suffering. On the other hand, the claim of an older person injured in questionable circumstances resulting in complaints that can be established only by the word of the claimant may be substantially discounted both by a jury and a claims adjuster.
Under North Carolina law an injured person who is found partially at fault for the accident causing injury cannot recover any amount of damages.
How and when will my claim be settled?
If the person responsible for your injury has insurance, an insurance adjuster will gather and try to verify the necessary medical treatment records, medical expense, and wage loss information and what permanent impairments have been caused by the accident. If the insurance company makes an offer that you (and your attorney) find acceptable, then the claim process is over. If no acceptable offer is made, then you may file a lawsuit. During the early months after a lawsuit has been filed, both sides can conduct depositions and other "discovery" to obtain more detailed and exacting proof about the nature of the claim.
As the trial date approaches, both the claimant and the insurance company usually take a closer look at the elements of the claim and available evidence to support it, and may try to settle the matter by informal discussion, mediation or pretrial conferences with the judge. Although about 95 percent of injury claims settle before trial, one cannot know in advance which claims will require a trial before a judge or jury for resolution. Once a claim is put in suit, it typically takes six to 18 months to resolve.
It is very important to know your rights. Please feel free to contact us to discuss your situation.