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Dealing With an Insurance Adjuster

If you’ve been in an accident, one of the first phone calls you get will probably be from an insurance adjuster. They have a reputation for calling car accident victims immediately after a crash, in many cases when the victim is still being treated in the ER.   While they may frame their call as though they are concerned and just want to check on you and see if you're OK, they are generally looking for info they can use to minimize the severity of your claim.  It is their job to do all they can, to make sure they pay out as little as possible for insurance claims. This may be a (slight) exaggeration, but the truth is that insurance adjusters are difficult to deal with by design. They are overworked, underpaid, and given one mission: [...]

Can I settle a car accident without a lawyer?

When You Can Handle Your Car Accident Case Alone? Mention a personal injury lawyer to the average person and you’ll get a reaction that is, to put it mildly, negative. (Don’t worry, we don’t take it too personally.) However, if you’ve been injured in a crash, you may have considered calling an attorney for advice about whether or not you should settle a car accident with the insurance company. In many cases, accident victims can work directly with insurance adjusters to reach settlements on their own. It’s usually more cost-effective to negotiate simple claims yourself. Here are a few circumstances where you probably don’t need to call a lawyer about your accident. Your Accident Bills are Less than $2,500 Accidents that resu[...]

Do I Have a Personal Injury Case?

5 Things to Know Before Filing a Negligence Claim Asheville car accident victims frequently contact me asking, “Do I have a car accident claim?” People are often surprised to learn that just because they were involved in a crash does not mean they have a claim for damages. Here is a checklist of requirements you must satisfy to have a personal injury case. You Must Have Suffered Damages Keep track of any medical or other bills you incur because of your car accident. Whether it’s physical or mental injuries or property damage, you must be able to prove that your accident damaged you in some way. Out-of-pocket expenses like medical bills, psychiatric treatment bills, car repair bills, lost wages and other documents are the only wa[...]

Investigate a Car Accident Using Your Smartphone

5 Ways to Use Your Phone to Collect Car Accident Evidence Although the police will respond to the scene of your car accident, you can also gather some details yourself. Smartphones make it much easier to investigate a car accident at the scene. Your phone probably has all of the tools you need to collect important accident information just after it happens. Here are some accident investigation techniques you can perform with your phone. Call the Police After Your Accident Always call the police to report an accident, even for minor fender-benders. This is step one, and it’s absolutely crucial, so use your phone for its intended purpose (for once) and call the police. After minor car accidents, you may be left asking yourself, “Do I [...]

Can I get a settlement in my Asheville concussion case?

Do North Carolina insurance companies offer post-concussion syndrome settlements? NFL concussions are on everybody’s mind with the convergence of the Super Bowl and an Oscar-bait film about the topic. But football players aren’t the only people susceptible to concussions. Car accident victims suffer concussions at an alarming rate. According to a recent CDC study on traumatic brain injury, more than 230,000 people visited emergency rooms over a four-year period for concussions caused by car accidents. Concussions are called “hidden” injuries because it’s not always obvious when a person has experienced one. The effects of these traumatic brain injuries can last the rest of a person’s life. What is Concussion? Concussions are[...]

Who is Responsible For Paying My Medical Bills After a Car Crash?

If you've been in a car accident, and sustained injuries that have required medical treatment, one question you probably have is:  who is responsible for handling the payments for my medical bills, health insurance (medicare/medicaid) and car insurance?   Is the other driver responsible for paying? Will my I get a decent offer to settle?  Medical bills can become very confusing following a car accident because there are multiple ways that providers get paid and reimbursed for treatment rendered.  This is a basic overview to help explain who should pay for outstanding bills after a car crash that was not your fault.  A good personal injury lawyer will help you get answers for these questions, and will fight to ensure that you are prop[...]

Why Should I Let EMS Evaluate Me After A Car Crash?

Following a car accident, EMS (Emergency Medical Services) often arrive in an ambulance to assess if anyone is seriously injured, and needs to be transported to a hospital for evaluation or treatment. I often hear clients report that they ‘felt fine’ at the time of the accident and declined to be evaluated by EMS at the scene, since they weren’t experiencing any pain or symptoms, or their minor aches and pains were not concerning.   While this seems like a reasonable and logical course of action at the time, declining medical evaluation can cause problems down the line, if your injuries progress or develop, which they often do in car crashes. Immediately following a crash, our adrenaline is spiking, our fight-or-flight response ki[...]

How to settle your personal injury claim without getting taken advantage of.

As an Asheville personal injury lawyer, I deal with insurance companies all day, every day. I know which companies are reasonable and easy to deal with, and which ones are a nightmare and should be avoided at all costs. Insurance companies will assign an adjuster to your claim if you have been injured as a result of another person’s negligence. Insurance adjusters are not inherently bad people, but the fact remains that their employers are concerned about one thing: profit. So no, Nationwide is not “on your side”, and you are not “in good hands” with Allstate. As a result, your insurance adjuster cannot be trusted to look out for you, if you’ve been injured as a result of a car crash or accident. Here some ways to avoid getti[...]

Why Do Car Accident Insurance Claims Fail To Settle?

Car accident victims who have been injured due to someone else's negligence are often entitled to compensation from an insurance company.   The fact is that most cases settle outside of the courtroom, due to the time and expense involved for both sides in bringing a court to trial.   It is often in the best interest of both parties to settle on a reasonable amount of compensation to settle the claim without being dragged into court.  This being said, there are particular situations and circumstances that prohibit some cases from settling, and require the court to resolve.     So, what are the reasons that some cases fail to settle? The Insurance Company Denied The Claim If the insurance adjuster assigned to your claim believes that [...]

How NOT to handle your car accident claim

I'm often contacted by potential clients a few days after they've been involved in a car crash.  As an experienced personal injury attorney, once I get involved in a case, I talk with the insurance companies and advise my client on how best to proceed.  I always urge my clients not to discuss their case with anyone, especially insurance adjusters.  I explain what it means to have a "gap in treatment" and how that can affect your case and damage your claim.  Clients are always advised to follow up on prescribed medical treatments, follow doctors advice, and be clear and upfront with medical providers about their symptoms and issues, as these notes will end up in their medical records, and can be used to bolster a claim.   5 Common [...]