Question 1

I have an “open and shut” case. Why do a I need a lawyer?

Accepted Answer

The issue of who is at fault may be very clear. But that is only half of  the claim. The issue then becomes “what is the value of the claim?”  Insurance companies make money by taking in premiums and paying small  amounts for claims. It is the job of the personal injury lawyer to  maximize the value of the claim. This is done in many ways. Photographs  of the vehicles involved and the injuries are critical to the value of  the claim. Documentation from employers add value. And letters from  treating doctors explaining a diagnosis or the cause of the injury are  often necessary. Further, the lawyer knows the value of the claim  because he tries cases before juries and learns about other jury  verdicts. A lawyer will make sure you are paid every penny that is  reasonable given the facts of the claim.

Question 2

Do I have to pay the lawyer anything up front?

Accepted Answer

Absolutely not.  Our first conference is free.  And if we take your  case, we represent you on a contingent fee basis.  That means we are  never paid a fee until we recover damages for you.  We have a written  agreement with all our clients that provides that the fee will be a  percentage of the amount recovered.  All clients have a copy of that  agreement and there are no surprises.  The contingent fee arrangement  has been called the “keys to the courthouse” because it allows anyone  with a valid claim to obtain a lawyer.

Question 3

I am not able to come to your office. Will you come to me?

Accepted Answer

Yes.  We want to see you as soon as possible after an accident.  That  may mean that you have no transportation or that you cannot physically  come to our offices.  In those cases, we come to your home or hospital  room.

Question 4

How is the value of my claim determined?

Accepted Answer

The  ultimate answer to this question is the amount that a jury in your  county would be likely to award when presented with your claim.   Obviously, that amount would vary depending on the makeup of the jury,  your ability to explain your damages when you are a witness, and the  skill of your lawyer.
But there can be at least four elements of a claim:

Medical bills
Lost income
Physical pain and mental suffering
Permanent injury

The  first two elements are usually fairly easy to calculate but the value  to assign to the latter two is obviously more difficult.  An experienced  personal injury lawyer can maximize the value of the latter two.  We  never guess about the value of claim when we first meet with a  prospective client.  There is no way to know the ultimate value of the  claim while a client is still being treated by a doctor and the  long-range prognosis is not known.  When a client has been released by  the doctors or has reached maximum medical improvement, we give that  client our candid assessment of the value of the claim.

Question 5

What is the value of my personal injury claim?

Accepted Answer

There  is no precise formula for placing a value on a personal injury claim.   Each case is unique.  But ultimately, a claim is worth what a jury would  say in the county where the claim is presented.  There is no reliable  method of valuing a claim until all medical treatment has been completed  and there is a determination of whether there will be any permanent  problems.  Clients often ask us the value of their claims while they are  still receiving medical treatment and we routinely defer answering the  question until we know all the facts.

At some point, we assign a  value to the claim based upon the medical bills, pain & suffering,  lost income, and permanent injuries.  We try to predict what a jury  would do if the claim resulted in a lawsuit and trial.  Obviously, this  can vary greatly depending on the people who happen to be on the jury,  the skill of the lawyers, and the ability of the client to explain his  or her claim in a courtroom. 
Our opinion is based upon our  knowledge of jury verdicts.  We have tried hundreds of jury trials and  use that experience to make an educated guess about what a jury would do  with a particular claim.  We share that opinion with our client.  If an  insurance company offers to settle a claim for an amount equal to what  we believe a jury would award, the claim needs to be settled.   Otherwise, we file a lawsuit and let a jury decide the value of the  claim.

Question 6

What is underinsured coverage?

Accepted Answer

Underinsured  coverage is automobile insurance that you buy from your own insurance  company.  It pays a portion of your damage when the liability insurance  policy for the person who injures you has limits that are inadequate to  pay your claim.  In North Carolina, drivers are only required to have  liability insurance coverage of $30,000 per person and $60,000 total for  all claims arising out of an accident.  These amounts of coverage are  grossly inadequate to pay many personal injury claims.
Examples  might be helpful to understand this coverage.  Let’s assume an  automobile accident where the party at fault has the minimum coverage.  The person injured had underinsured coverage of $100,000 person and  $300,000 per accident.  In the first example, let’s assume that the  personal injury claim is worth $75,000.  In this situation, the  insurance company for the driver at fault will pay $30,000, the limits  of the policy.  The insurance company for the injured person will pay  $45,000 from the underinsured coverage.

In a second example, let’s  assume that the claim is worth $125,000.  Again, the liability  insurance company for the party at fault will pay $30,000.  The  insurance company for the injured party will pay $70,000 from the  underinsured coverage.  Many of our clients are initially hesitant to  use the underinsured coverage.  They say to us, “Why should my company  have to pay anything?”  Once they understand why they purchased the  coverage in the first place and that they paid an extra premium for the  coverage, they are less reluctant to use it.  And they are also relieved  that their automobile insurance rate will not increase if an  underinsured claim is filed.

We strongly recommend the purchase of  underinsured coverage of at least $100,000 per person and $300,000 per  accident.  We believe that even higher limits would be a wise decision.   This coverage is surprisingly inexpensive and your agent should be  ready to give you quotes for various amounts of coverage.

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