Overcoming Insurance Company Defenses And Finding The Right Attorney

Common Defenses Employed by Insurance Companies

The role of insurance in the North Carolina personal injury process is considerable, with insurance companies playing a substantial part in the outcome of cases. They often rely on various defenses to either limit or deny settlements in personal injury cases. Here are some of the common defenses they employ:

• Contributory Negligence: A significant defense tactic is based on North Carolina’s contributory negligence principle. If you are found to share any portion of the fault for the accident, the insurance company may use this against you to limit or deny a settlement. Or, they may try to argue you are at fault when you aren’t.
• Pre-Existing Injuries: Insurance companies may argue that any pre-existing injuries or medical conditions could have contributed to the current injuries you suffer, potentially reducing the settlement amount.
• Physics of the Accident: Another defense centers on the physics of the accident. If the insurance company believes that the impact wasn’t significant enough to cause the reported injuries, they may contest the validity of the claim on that basis.
• Frequency of Accidents: Insurance companies may also scrutinize your accident history. If you have been involved in multiple accidents, they might use this information to cast doubt on your claim.

Quick Settlement Offers

More often than not, you should not accept quick settlement offers from the insurance company. You need to fully address and treat your injuries with a doctor. This takes time. Insurance companies may be quick to offer a settlement right away, but it’s most likely because they are concerned with their own interests, not yours. Their goal is to minimize their financial responsibility by tricking you into accepting a settlement that is worth pennies on the dollar of what you actually need to recover. Falling for this quick settlement offer can be detrimental to your case and well-being, so it’s wise to exercise caution and consider the full extent of your injuries and expenses before accepting any offers.

Following Medical Treatment Plans

It’s absolutely critical for you to diligently follow your medical treatment plans and not miss any appointments when pursuing a personal injury case, this can create a “gap in care. This idea refers to a period when you do not seek or comply with medical treatment. This gap can potentially harm your case in several ways. Firstly, a gap in care can cast doubt on your credibility. Insurance companies may use this as evidence that you were not as seriously injured as you claim. “If you were genuinely as hurt as you say, you would have made all your medical appointments.” they will argue.

A gap in treatment can also raise questions about the causation of your injuries. If there’s a substantial gap in care, it could suggest that something else occurred during that time frame that prompted a return to the doctor. In such cases, the accident being treated for may not be the direct cause of the injuries the person is seeking medical attention for.

Calculating Personal Injury Damages

Determining the exact figure for personal injury damages in North Carolina is a complicated process, and there’s no one-size-fits-all answer. Insurance companies consider various factors when arriving at a settlement amount.

Perhaps the most significant factor is the cost of your medical bills. Insurance companies closely examine the cost of your medical treatment to gauge the extent of the injury and the associated expenses. The specific type of injury you’ve sustained is a crucial factor. Insurance companies want to know if it’s a permanent injury or if you have fully recovered. Longer treatment periods can indicate more severe injuries and, consequently, higher potential damages.

Insurance companies also take into account the jurisdiction in which your case is located. They assess how juries and courts in that area typically value similar claims. If it’s a jurisdiction where jury verdicts tend to be lower, the initial settlement offer may reflect this expectation.

The extent of damage to your vehicle is considered as well. It can help establish the severity of the accident and the resulting injuries.

Ultimately, the process of determining the figure you and your attorney deserve is complex and takes multiple factors into account. While these factors serve as a general guideline, each case is unique, and the final settlement amount is a result of negotiations and discussions between your attorney and the insurance company.

Selecting A Personal Injury Attorney: Key Questions To Ask

When considering prospective personal injury attorneys, you need to ask the right questions in order to make an informed choice that positions you for a successful outcome.

• Experience: The first and most important thing to consider is their experience. Inquire about the number of cases they’ve handled over their career. Understanding their experience level is key to evaluating their competence.
• Case History: Request details on the types of cases they’ve worked on. Ask for specific examples and the outcomes of those cases. This can give you an idea as to their ability to handle a case like yours.
• Client Reviews: Look into client reviews and testimonials. Investigate what previous clients have to say about their experiences with the attorney. This can provide valuable insights into the attorney’s reputation and client satisfaction.
• Trial Experience: If applicable to your situation, ask about their trial experience. In personal injury cases, the ability to take a case to trial can be essential. You’ll want to know if they have the necessary courtroom experience.

While these questions serve as a starting point, remember to inquire about any specifics related to your case and to discuss your particular needs and concerns. The goal is to find an attorney with the right experience and track record to effectively handle your personal injury case.

Afford The Best Personal Injury Representation

One of the good things about working with a personal injury attorney is that you likely will not need to provide them with any payment upfront. Personal injury attorneys usually operate on a contingency fee basis. This means that they only receive payment if they win the case on your behalf. The attorney’s fee is typically a percentage of the total amount recovered from the opposing party. This percentage is agreed upon when you hire the attorney and is usually outlined in the attorney-client agreement.

The Value Of A Personal Injury Lawyer To Your Case

Hiring a lawyer for your personal injury case offers several advantages that can be challenging to achieve on your own. Lawyers have the experience to secure a higher settlement than you might be able to negotiate on your own. Insurance companies often aim to minimize payouts, but attorneys know how to maximize your compensation. Attorneys also possess in-depth knowledge of personal injury law and are well-versed in the specific regulations and procedures that apply to your case. This is invaluable when advocating for your rights.

The Emory Law Firm, P.C. Difference

My firm boasts several qualities that set it apart when it comes to handling auto accident injury claims in North Carolina. One thing I especially love about my firm is how diverse it is. Our ability to communicate in different languages and our understanding of various cultures truly sets us apart, enabling us to connect with our clients on a deeper level, fostering trust and better advocacy on their behalf.

Additionally, our team includes highly experienced attorneys who have achieved remarkable results. Some of our attorneys have secured seven-figure settlements for their clients, demonstrating their ability to maximize compensation, as well as convinced insurance companies to reverse their denial decisions, ultimately winning the cases for our clients.

For more information on The Personal Injury Process, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 324-8500 today.