Personal Injury
If someone has caused you to be injured, you may have compensation coming to you.
To help you know what to do next:

How the Legal Process moves through the judicial system:

1. Personal injury occurs
2. Complaint is filed
3. Complaint is served
4. Defendant gives an answer
5. Both the defendant and plaintiff gather evidence
6. The defendant’s and plaintiff’s attorneys and the judge have a pre-trial conference to discuss a settlement.
7. If there is no settlement, a trial takes place
8. A verdict is rendered
9. Either side can appeal the decision

How you handle the personal injury case:

1. When your injury occurs get medical treatment. It is to avoid permanent injury, disability, and extraordinarily longer periods of recovery.
2. Plan to protect your legal rights.
3. Do not give the insurance agent a release to review your private medical records. They may use information unrelated to the case against you and may attempt to influence doctors.
4. You, a spouse or a friend return to the scene, collect physical evidence, take photographs and write what happened as quickly as you can after your injury.
5. If able, you, a spouse or a friend look around to see who the witnesses are to the accident, get names and phones numbers of who might be able to help you prove your case.
6. Write what you know about the cause of the injury.
7. Write about your wage losses and other losses as a result of the accident.
8. Find an attorney to represent you.

How we handle your vehicle accident personal injury case

1. We conduct a full investigation of the accident. Our goal is to preserve the evidence should the insurance carrier not be reasonable. Therefore, we contact anyone we can locate who might have evidence:

• We attempt to obtain photographs of both vehicles. We may take photographs of the accident scene.
• We contact witnesses who might have information on how the accident occurred and take witness statements.
• We often talk with newspaper reporters or obtain copies of local television news shows.
• We talk to the police officer.

2. We assist you in obtaining your full property damage payment.
3. We assist personal injury clients in obtaining payment of their medical bills. If you have medical payments coverage on your automobile, we can file a claim with your own auto insurance company. We assist our personal injury clients in filing the medical payment claim without charging a fee.
4. We prepare a settlement information sheet and attempt to settle the claim for a reasonable value.
5. We properly disburse the funds if the case settles, or file a suit and litigate the case if it does not settle.

The decision to settle is always the client's and no lawsuit will be filed and no case will be settled without the client's express consent.

How does the court determine what your personal injury case is worth?

Because every conceivable type of personal injury has already been decided by juries and courts before you filed your case, when evaluating your personal injury case its value in damages is determined by reviewing similar types of injuries (jurisprudence). Moreover, if an award is significantly higher or lower than similar cases awarded, a court of appeals may increase or decrease your award. In fact, for most injuries the courts of appeals have established a minimum for pain and suffering to be awarded for damages when that injury occurs.

After RWLW fully investigates your case, the next step is to evaluate your case. There are several elements of damages that courts allow plaintiffs when it comes time to evaluate your case:

Compensation is permitted for the following:

1. Medical bills
2. Pain and suffering,
3. Loss of economic opportunity
4. Loss of consortium (how your injury may have affected your marital relationship)
5. Permanent injury
6. Scarring and disfigurement
7. Loss of enjoyment of life
8. Other damages based on the unique circumstances of your case.

It has been our experience that this firm can be more helpful the earlier we become involved in a case. It is also our belief that individuals who do not have attorneys do not receive adequate compensation.

Tips on North Carolina Laws:

North Carolina laws say the insurance carrier has the right to declare your automobile a total loss and pay for the car as if you are a willing seller or the insurance carrier might decide that your car can be repaired.

• If the insurance company pays to repair your car, you have the right to receive the difference in value of the car prior to the accident and the value of the car after repairs.
• If the insurance carrier declares your car a total loss, you should ask for the 3% sales tax and registration fees.

How to file a complaint against an insurance company:

1. Call the Insurance Commission in Raleigh at (919) 733-7343
2. Ask to speak with a representative.
3. Explain to the representative why you would like to file a complaint against the insurance company. The representative will take down the information, including your name and address.
4. An official form of complaint will be sent to you from the Insurance Commission.
5. Complete, sign and return the form to the Insurance Commission.
6. The completed complaint will then be directed to a specialist at the Insurance Commission
7. The Insurance Commission will contact the insurance company in question.
8. The processing of the complaint takes between three to four weeks from the day it reaches the Insurance Commission.

Contact Roberti, Wittenberg, Lauffer, Wicker for a free consultation

You will be provided with a written copy of our fee agreement stating the contingency fee. If you win the case, the attorney fee is a part of the money recovered from your personal injury settlement. When the case is over, you will receive a written breakdown of all disbursements, including payments to the medical care providers and attorney fees.
Email or call toll free 1.800.688.4378, fax 919.688.4378 for a free consultation. No obligation!

The Chancellor Building
100 East Parrish Street, Suite 200, Durham, NC 27702

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