Mostly all of us are going to get pulled over by a police officer while driving at one time or another. When that does happen, here are some simple steps to follow to ensure your safety is maintained and your rights are protected. Charlotte’s Law Offices of William H. Harding provides some information on what to do if you find yourself in that situation.
When you are arrested, you have certain rights and it is important to know all of them so that you can exercise those rights appropriately. Using those rights could make a world of difference in how your case plays out.
Auto accidents can quickly develop into a legal battle in which insurance companies will use all their power to provide you with as small of a payout as possible. That is why it is important to speak with a Charlotte personal injury attorney following an auto accident as it will provide you with the following advantages.
When you are looking to make a settlement because of a personal injury, there are do’s and don’ts associated with the process. Here’s a look at some very important factors that could affect your final settlement from The Law Office of William H. Harding in Charlotte.
The decision to hire an attorney is an important one that could significantly impact the outcome of your claim or case. Before agreeing to terms, it is important to know the difference between public and private accident attorneys.
At the Law Offices of William H. Harding our goal is to provide our clients with superior legal representation in the areas of personal injury law. The Law Offices of William H. Harding is committed to protect your interests, fight for your rights, and get you the money you deserve.
Auto accidents are a part of everyday life and will affect pretty much everyone at one time or another. Here is a list of the things from The Law Office of William H. Harding in Charlotte you should do after being involved in an auto accident.
Many auto accidents result in personal injury lawsuits that need to be compensated. Compensation takes place in two ways. The victim can either accept an out-of-court settlement, or choose to pursue a civil lawsuit so that they can collect damages incurred.
The entire process can be lengthy and vigorous, especially when an attorney is not involved. Because of this, it is always wise to equip yourself with knowledge on how such cases are conducted and solved, whether in court or out of court.
Understanding the settlement process
When an insurer or defendant makes a settlement offer to the injured victim, it would result in an out-of-court settlement.
This settlement may be offered quickly before a potential lawsuit can arise. It can also be made when a case has reached trial but no final judgment has been passed. Finally, other settlements tend to occur in the process where a jury is deliberating and both parties are anxious on what it will decide. In such cases, the parties involved may opt to settle the case out of court.
Compensating the full value of the case
Personal injury damages are categorized under ‘’compensatory’’. This is because they are intended to compensate the injured plaintiff in the event that they were involved in an accident and suffered damages.
This kind of compensation is designed to make the injured plaintiff whole again after they’ve suffered damages. This means they should somehow be able to restore their original lifestyle, at least from the financial standpoint of things.
This also means trying to assign a dollar figure on all losses incurred as a result of the accident. Nevertheless, it should be noted that some compensatory damages tend to be relatively easy to figure out. This includes determining the amount that shall be paid in reimbursement of medical bills or property damage.
However, it’s much harder to try putting a dollar value on pain and suffering caused by lingering injuries that were suffered from the accident. The inability to participate in a hobby that the injured person once took part in is just among the many damages that can influence the payout amount.
If the case is settled in court, the injured plaintiff will be able to recover the full, estimated cost of the injury to take care of their medical-related bills at present and in the future.
This compensation is designed to replace money that a victim has lost at present as well as that which they would have made in the future. If the injury results in loss of income, this compensation is issued under loss of earning capacity.
Property loss may influence the amount of payout a victim recovers. The plaintiff in question may be entitled for reimbursement of repairs or compensation on the fair market value of the damaged item.
Pain & suffering
The pain and suffering that a victim experiences in the aftermath of the accident will also influence how much the injured plaintiff shall receive. Other forms of compensation that may emerge as a result of the injury include loss of enjoyment, emotional distress and loss of consortium.
Other things worth noting
Once a settlement has been agreed on, the injured plaintiff won’t receive all of that money because a part of it is considered taxable income.
Medical bills are not taxable, although settlement which covers pain and suffering falls under punitive damages, so it will be taxed.
Also, a victim may end up dealing directly with the individual who caused them damage instead of their insurers. This follow up process is never easy.
Lastly, a personal injury claim will only result in full compensation when the person responsible for the injury has enough assets to do so.
Because of the tough challenges at hand when filing a personal injury lawsuit, it’s always in your best interest to communicate with the Law Office of William H. Harding in Charlotte. You’ll increase your chances of a successful outcome.
The Law Office of William H. Harding
Charlotte, N.C. 28269
“If you have a phone you have a lawyer”
The Law Offices of William H. Harding is a full-service law firm specializing in personal injury, medical malpractice, and criminal law. Our experienced attorneys work hard to provide the best outcome in your favor. We are a law firm known for providing hands-on service and fair treatment of every client as though they were our only client.
You will receive expert legal representation from the seasoned attorneys at our law firm, with a personal touch.
The Law Offices of William H. Harding
First and foremost your health matters to us. We know that you are hurting and that this is a difficult and uncertain time for you. For some this may even be your first accident. This brochure is prepared to help you navigate through the days ahead so you will know what to expect as you return to normality.
THE REHABILITATION PERIOD
(USUALLY 1-6 MONTHS)
You can expect your rehabilitation period to last from 1—6 months. The duration of this period largely depends on the severity of your accident and the treatment you need in order to return to feeling like your “pre-accident self.”
WHAT TO EXPECT AFTER YOUR ACCIDENT
9115 Harris Corners Parkway , Suite 220
Charlotte, NC. 28269
Or Fax then to: 704-919-5620
REMEMBER: It is your responsibility to let us know who provided your care during the rehabilitation period. We can not seek compensation for you if you don’t tell us who provided your care during the rehabilitation period. We cannot submit reimbursements for providers you have not reported.
THE NEGOTIATION PERIOD:
Once we have collected all of your medical bills and records they are organized and assembled to make “The Demand Package” The Demand Package as well as a summary letter from the attorney is sent to the at-fault parties insurance company. For example, if your medical bills totaled $4,000.00, we will demand a settlement amount that covers all of your medical bills as well as extra money for pain and suffering. Typically, after an insurance company receives a demand it takes about 30 days to get back to us with their first settlement offer. The first offer is usually unacceptable so the negotiation process begins. They make an offer; I make a counteroffer, etc. Once an offer is made that sounds acceptable, or once the insurance company makes their ‘top offer’ (the highest offer they are allowed to make), we will let you know. If you decide to accept the offer your case will settle. If you do not accept the final offer, your case may have to be taken to Court.
THE COMPENSATION PERIOD:
Once we have agreed on a settlement amount it usually takes about 1 week for your check to be mailed to our office. You will be required to come to the office and sign ‘release paperwork’ and then we hand you your check. The receipt of your check will conclude your case.
During the entire process we ask that you allow the process to take its course. This takes time but in the end we can reach an equitable settlement on your behalf.
Atty. William H. Harding
Serving the City of Charlotte and beyond