Claim Value Lawyer for Car Accident Cases

Starting in October 2011 the North Carolina Legislature changed the law of damages in North Carolina tort cases. Tort is the legal term for negligence cases and encompasses car accidents, slip and falls and wrongful death. The same legislator changed the law which dealt with medical malpractice damages which is covered in another article.

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Charlotte Personal Injury Lawyers - Rosensteel Fleishman

"The first attorney I contacted was one of the many who sent me a flyer or letter after I was hit by a car. That attorney’s assistant did not even put my call through when I told her I thought I had only soft tissue damage. So I looked and found Matthew Fleishman. That was one of the best phone calls I’ve ever made! My call was put right through to him. Attorney M. Fleishman urged me to keep seeing a doctor when my pain persisted and he was so right. I ended up having 2 surgeries as a result of that wreck. He was patient and always returned my calls. He worked hard on my behalf. I was very happy with his level of service and the compensation I received for my injuries."

Ms. Alison Jacques - Verified Client Review

Under the old law insurance companies were unable to take a credit for payments made by the Plaintiff’s health insurance company. Under the new law insurance companies are only required to pay the amount paid by the health insurance company to pay off the medical provider’s bill. Thus, the liability company gets to take advantage of the credit from the health insurance company’s contract with the medical provider. Therefore, individuals who pay the premium for their health insurance, effectively reduce the amount the at-fault driver’s insurance pays. Further, no credit is given the Plaintiff for their premium.

For example, assume under the old law a plaintiff had health insurance and received a bill from Carolinas Medical Center following a car accident. The bill was for $1,000.00 and their health insurance paid $300.00 resulting in a balance of $100.00 (after the contractual write off). The liability insurance was still obligated to pay the full $1,000.00 towards the settlement.

Under the new law, assuming the same facts, the liability carrier now only has to pay $400.00 towards the settlement. One of the perverse results of the law is a person without health insurance will be offered $1,000.00 towards the same bill. Of course, the individual who paid for their health insurance will receive no credit or payment for any of the premiums they paid towards procuring health insurance.

The current law is a boon to the insurance industry to the detriment of the individual. As such, insurance companies are emboldened to offer less money on a case because they have less financial risk. As such, more cases will require litigation to get the Plaintiff what they want and deserve.

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Concurrently, as juries throughout the country have become more conservative insurance companies have reduced their settlement offers. This has resulted in an increase in the number of cases which require litigation. The personal injury lawyers of Rosensteel Fleishman have noticed a sharp increase in the number of referrals to us from personal injury lawyers in Charlotte and throughout NC. Many lawyers do not take cases to trial, preferring to settle. Our lawyers are recognized as trial lawyers willing to take a case to a jury. While we welcome referrals from other lawyers we caution that some mistakes made early on in a case can’t be fixed when we take over. It is imperative that the injured party (whether by car accident, slip and fall, etc.) ensure that their rights are being protected from the inception of the case.

One of the tactics used by insurance companies in determining value of a Plaintiff’s insurance claim is focusing on the property damage to the vehicle. The lower the damage amount the less willing the insurance company is to settle the case for fair value. The insurance company is betting that a jury seeing limited damage to a vehicle will make the assumption that the person inside the vehicle wasn’t injured. Nowhere in the equation does the carrier focus on whether the individual was actually injured in the car accident. The focus is only on whether the individual can prove it.

Call a personal injury attorney at Rosensteel Fleishman today at (704) 714-1450 to schedule a consultation for your car accident case.

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One of the tactics insurance companies use in “limiting” property damage is referring claimants to “Preferred” body shops. In exchange for a large number of referrals from insurance companies these shops lower their bills thereby bringing down the dollar amount of property damage. While saving the insurance company money it also serves to bring down the perceived severity of a wreck. For example, if you were told plaintiff A was in a car accident with $1,000.00 in damages and plaintiff B was in a car accident with $5,000.00 in damages you might be more sympathetic to plaintiff B. The only way to combat this practice is by reviewing the actual estimate and report from the body shop to see what was actually done, not just look at the dollar amount. Failure to do that may result in a significant reduction in the value of your claim.

Many times a cases value may rise and fall on the smallest things. For example, clients receive compensation for pain and suffering. Pain is subjective. There is no medical test to objectively test for pain. We like to tell our clients that their doctor can not put his hand on your body and feel your pain. Many times when our clients are treating with their doctors and complain of pain they will be prescribed pain medication. Failing to immediately fill the prescription allows the insurance company to argue that the pain was either non-existent or not painful enough to take the time to fill the prescription. Either way it will reduce the value of your claim.

"I was involved in an accident with an automobile while riding my bicycle. After being rejected by three “prominent” attorneys in Charlotte I fortunately contacted Matthew Fleishman. After reviewing the evidence Mr. Fleishman immediately took my case and filed a lawsuit. I found him to be consistently honest, factual, and to the point. Because of his integrity, knowledge of the law, and excellent presentation of the case, the lawsuit was settled in my favor and complete satisfaction in four months. I strongly recommend Matthew Fleishman to anyone who may have a legal problem."

Tyron Thorson - Google Review

Initial Meeting with our Personal Injury Lawyers

During you initial meeting with our personal injury lawyers we will go over every aspect of you case. We will discuss with you how your case is evaluated by the insurance company and just as important we will explain how insurance companies attempt to avoid paying on valid claims. The value of a claim can not be diagnosed via a phone call. The value of your case is a culmination of factors and events. Any missteps throughout the course of your case serves to bring down the value of your case. This is why is it important to speak with an experienced personal injury attorney.

Benefit of a Charlotte Personal Injury Attorney

After being involved in a NC car accident, slip and fall or other injurious event the injured party will eventually be confronted with the decision of dealing directly with the other side’s insurance company or hiring a lawyer to handle the case. This article examines the pros and cons of hiring a Charlotte Personal Injury attorney to handle the case.

The decision to hire a personal injury lawyer to represent your interests usually turns on a number of factors, including the severity of the injury, circumstances surrounding the accident, the desire or lack thereof to deal with the insurance company, and the prior experiences of the injured party.

Clients are typically surprised to learn that how they personally view the above factors as favorable or unfavorable to their case is usually seen in a completely different light by the insurance company, defense attorneys, court and jury during the execution of their NC personal injury case. It is for this reason that our Charlotte personal injury attorneys strongly recommend that individuals do not speak with the insurance company without first seeking the council of an experienced NC personal injury attorney.

Regardless, the decision to hire a Charlotte personal injury lawyer is personal to the injured party. You are not only hiring an individual you are hiring their reputation. This makes a very important difference because insurance companies and defense lawyers factor in the competency and success rate of the Plaintiff’s lawyer when making offers to settle a case. If a lawyer has a reputation that he or she is willing to settle every case, regardless of trial potential, the offer to settle that case will be significantly less then a lawyer who is willing and able to try and win the case.

Our second largest source for new clients, second only to prior client referrals are other lawyers who practice NC personal injury law. This is because of our history and reputation as personal injury trial lawyers who work for the best results for our clients.

When calling to speak with one of the Charlotte personal injury attorneys at Rosensteel Fleishman, PLLC you will be connected directly to an attorney who can answer all of your questions regarding your Charlotte car accident, slip and fall, or other NC personal injury. Unlike many firms we do not accept every individual as a client of the firm. Typically the reason we decide not to take on a new client is when we determine that it is not in the best financial interest of the individual to hire a lawyer. In those situations we will let the individual know his or her options including hiring another lawyer to handle their matter.

Our personal injury attorneys have won millions of dollars for clients all over North Carolina. Whether you were injured in an auto accident or a slip and fall, our job is to attain the best result possible for each individual client. Whether that is through a settlement, an arbitration, or a jury trial, the client is informed and in control from start to finish.

Our fee structure is designed to put the money where it belongs, in the pocket of the client. At the end of your case you will receive a summary, to the penny, of where every dollar is going.

Our lawyers also handle our client’s property damage claim, free of charge, as a favor to our client. For more information on North Carolina Property damage please our article NC Property Damage Law.

Why You Need a Good Personal Injury Attorney

Life is characterized by uncertainty. This inability to foretell what will happen to us is by far one of the things that make life interesting. When an unexpected event occurs and leaves you injured the activities of daily living can become very difficult.

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Personal Injury

Our bodies are built to be resilient but an injury to the body or mind can be difficult to overcome. North Carolina personal injury law is the forum in which injured parties attempt to hold the at fault party responsible for their actions. It includes automobile accidents, injuries at work, medical malpractices, slip and falls, deliberate negligence, and everything else in between. Personal injury law protects a person from these events by helping them recover their losses.

Automobile Accidents

The largest segment of personal injury law cases in Charlotte, and by extension, North Carolina is automobile accidents. Given the abundance of vehicles on our roads today this is not surprising. North Carolina law holds that the driver (and owner) of a vehicle are in control of the vehicle and are responsible for any accident the vehicle is involved in. Where a person suffers bodily harm because of accident personal injury law can help the injured party get the compensation they deserve.

Recovering from Your Personal Injury

Depending on the kind of injury the recovery process can be quite demanding. For example, when someone has experienced a significant injury it is not unusually to have an extended hospital stay. An unfortunate reality in North Carolina is that medical care (especially hospital stays) is extremely expensive. When the injury is emotional distress, inflicted either intentionally or through negligence, the result is an unsettled state of mind. For both types of cases the healing process can be long and extensive. During the healing process the at fault party’s insurance does not make any payments. As such, it can be a very taxing time physically and financially.

Credible personal injury attorneys in Charlotte are specialized in this area of law, technically referred to as tort law. They offer legal representation, with the aim of seeking recompense for whatever affliction the victim has had to endure. A credible attorney can explain your rights and options after you suffer an injury. Further, your attorney should be able to explain what type of compensation you are entitled to receive. These could range from medical expenses, lost wages, pain and suffering and emotional distress to permanent injury and scarring. A good personal injury attorney will ensure that the right kind of compensation is awarded for your kind of injury.