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At the Law Offices of C. Douglas Maynard, Jr, PLLC (“Maynard Law”) we understand that a personal injury can be life-altering. The physical pain, emotional distress, and financial strain form a triad of challenges that no individual should face alone.
The importance of a robust legal strategy—one that considers every angle and minimizes risk—is paramount.
A good personal injury settlement should include both economic and non-economic damages. It should reflect the unique details of each case, such as future care needs and long-term consequences.
One recent case exemplifies our commitment to turning setbacks into stepping-stones.
How a Strategic Personal Injury Claim Settlement Can Change Your Future: A Case Evaluation
The Power of Effective Legal Navigation
Our client sustained significant injuries in a motor vehicle collision caused by a driver fleeing the police. The claim involved the “at fault’ driver’s insurance and our client’s Underinsured Motorist (UIM) coverage. Her injuries included a complex bicep labral complex injury, symptomatic subacromial impingement, a partial rotator cuff tear, and extensive post-traumatic complications.
The path to recovery was arduous, involving multiple surgeries that culminated in a permanent partial impairment rating of 10% to her shoulder. However, the case outcome demonstrates the power of hard work, a no-stone-unturned investigation, effective legal strategy, and negotiation.
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Understanding Personal Injury Settlements
Personal injury settlements are typically determined through negotiation, litigation, or arbitration. The plaintiff’s insurance policy contained a provision which allowed her to select arbitration instead of litigation when she and her insurance carrier could not resolve her case through negotiation.
Both litigation and arbitration have advantages and disadvantages. Advantages of arbitration include more flexible evidentiary rules, it is a private versus public forum, the parties select the date of their arbitration hearing, the discovery process is less formal, and it is generally less expensive, less stressful, and less time consuming than a jury trial.
Plaintiff’s policy called for a three-person arbitration panel. She selected her arbitrator, the insurer selected its arbitrator, and the parties agreed on a neutral arbitrator. However, before the arbitration occurred, the insurance carrier offered its full policy limits.
Personal injury lawyers have experience of handling complex cases and maximizing settlements for their clients through negotiation, litigation and arbitration. However, just because a lawyer claims to be a “personal injury” attorney does not mean they are the best attorney for your case.
LEARN MORE:
- 4 Tips on How to Find the Right Personal Injury Lawyer to Handle Your Personal Injury Claim
- Choosing the Right Personal Injury Lawyer: Avoiding Unethical Practices and Finding Trusted Representation
Generally, an experienced personal injury attorney should be hired to help if one is seriously injured. Insurance industry research indicates that persons represented by attorneys obtain settlements three to three and a half times more times than persons not represented by attorneys.1
Personal injury settlements can be intricate, involving various factors such as medical expenses, lost wages, pain and suffering, and emotional distress.
Understanding the process of a personal injury settlement is crucial to ensure you receive the compensation you deserve. A knowledgeable personal injury lawyer can guide you through this complex process, advocating for your best interests and helping you navigate negotiations with the insurance company.
Beyond the Basics: Crafting a Strategic Personal Injury Claim
Maynard Law is not your average personal injury firm; we craft tailored strategies that envision the most favorable outcomes for our clients.
Our approach involves a deep dive into the complexities of each case. In this instance, we addressed tangible losses such as past medical bills totaling $113,000, adjusted under G.S. 8C-1, Rule 4142 to $42,000, alongside $7,000 in lost wages.
Experience in handling personal injury claims and their value can help set realistic expectations for our clients. Such thoroughness underscores their ability to navigate intricate details, exemplified by our careful handling of UIM coverage, where a settlement was favorably reached at $250,000.
Additionally, when applicable, accounting for future medical costs is crucial in ensuring that settlements provide comprehensive financial compensation for ongoing healthcare needs related to the injury.
Factors Affecting Settlement Value
Several factors can significantly influence the financial value of a personal injury settlement. These factors include:
- Severity of Injuries: The more severe the injuries, the higher the settlement amount is likely to be. Severe injuries often require extensive medical treatment and can lead to long-term or permanent disabilities.
- Medical Expenses: The cost of medical treatment, including hospital bills, doctor visits, and prescription medication, can play a crucial role in determining the settlement amount. Comprehensive documentation of all medical expenses is essential.
- Lost Wages: If the injured party is unable to work because of their injuries, lost wages may be included in the settlement amount. This includes not only current lost wages but also potential future earnings if the injury impacts the ability to work long-term.
- Pain and Suffering: The extent of the injured party’s pain and suffering can also impact the settlement amount. This includes physical pain and emotional distress. It also affects the person's quality of life.
- Insurance Coverage: The amount of insurance coverage available can limit the amount of settlement. Understanding the policy limits and coverage details is essential in negotiating a fair settlement.
- Facts of Collision: Too often attorneys focus only on the injury. However, liability and the defendant’s actions are the driving factors in securing large settlements and verdicts. A person injured in a “run of the mill” accident where someone simply made a mistake will generally get substantially less money for the same injury than a person injured where the defendant’s actions in causing the injury are egregious.
Egregious Facts Drive Case Values Up
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In this case, we were able to get copies of the police camera footage of the defendant who had fled the scene. The case involves clear and aggravated liability.
The defendant driver ran from the cops when he blew through a stop sign, crashing into one car, knocking it into another car which struck the vehicle operated by our client head on. The defendant driver jumped out, grabbed a bag from his car and ran before finally being apprehended about 30 minutes later using police dogs and a search drone.
The police found pot brownies, an open bottle of Patron, a vape pen, ammunition, gun casings, and two cell phones. The defendant driver pleaded guilty to felony eluding arrest / motor vehicle – with two aggravating factors, felony hit and run, felony maintaining a vehicle / dwelling / place for a controlled substance; felony possession with intent to sell and distribute marijuana and resisting arrest.
In North Carolina, a jury may consider the conduct of the tortfeasor in assessing compensatory damages. Our courts have held, “The possibility of being found liable in tort and ordered to pay compensatory damages certainly acts to deter individuals from committing tortious conduct in the first instance.”
By considering these factors, a personal injury lawyer can help you achieve a settlement that accurately reflects the full extent of your losses.
A Testament to Personal Injury Lawyer Legal Acumen: The Settlement
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The final settlement reached comprised of $30,000 from the liability carrier and $220,000 from our client’s insurance policy including her underinsured motorist coverage.
The ultimate resolution exemplifies how having the right legal advocate can alleviate financial uncertainties post-injury, transforming a daunting process into a structured recovery path.
While this settlement is significant, it is important to note that it may differ from average personal injury settlements. Each case is unique, and personalized legal representation is crucial to determine fair compensation based on specific case details.
Plaintiff’s treating physician provided invaluable expertise, supporting our client’s case based on his background training, experience, and treatment of our client. He bolstered his causation opinions with citations to medical literature. Strong experts are crucial to proving the precise extent of injuries, and their long-term impacts are effectively communicated and understood.
Too many doctors today refuse to help their patients personal injury claims by refusing to respond to attorney letters addressing the relationship of the injury and treatment to the accident (“causation”), permanency or the needs and costs of future medical care. Such actions violate the North Carolina Medico-Legal Guidelines and their obligations to their patients.
Types of Personal Injury Cases
Personal injury cases can arise from various types of accidents and injuries.
Some common types of personal injury cases include:
- Car Accidents: Car accidents are a prevalent cause of personal injury cases. They can result in severe injuries, including whiplash, broken bones, and head trauma.
- Inadequate Security: If a business fails to take adequate security measures to protect its customers, then they can be subject to liability. The most common cases involve situations where customers are raped, shot, or otherwise assaulted.
- Work-Place Accidents: Often these personal injury claims are overlooked. Generally, when one is injured on the job they are covered by workers' compensation. However, if a third party is responsible for their injuries, they may have a personal injury claim in addition to the workers' compensation claim. For instance, if one is run over by a bulldozer while working, if the driver of the bulldozer is employed by someone other than the injured employee’s employer, they may be able to sue the bulldozer driver and his employer. We recently resolved a wrongful death with these facts.
Understanding the different types of personal injury cases can help you identify the appropriate legal approach and ensure that your rights are protected.
Laws That May Impact Your Settlement
Various laws can impact personal injury settlements, and understanding these laws is crucial to ensure you receive the compensation you deserve.
Some of the key laws include:
- Contributory Negligence v. Comparative Negligence Laws: Most states have “comparative negligence” in which a percentage of “fault” is assigned to each party. These laws can reduce the settlement amount if the injured party is found to be partially at fault for the accident. The degree of fault assigned to each party can significantly impact the final settlement.
- North Carolina, however, follows a much harsher and fundamentally unfair rule. It is one of only four states that follows the draconian rule of contributory negligence. If a person “by his own negligence, contributes to his injury” then he is typically prevented from recovering damages against the other party. There are exceptions, such as if the other party is “grossly negligent” or had the “last clear chance” to avoid the collision,
- Statute of Limitations: The statute of limitations sets a time limit within which a personal injury or wrongful death claim must be filed. Missing this deadline results in losing the right to pursue compensation, making it essential to act promptly.
- Insurance Laws: Insurance laws can affect the amount of insurance coverage available and the settlement amount. Understanding the specifics of insurance policies and state insurance laws is vital in negotiating a fair settlement.
A personal injury lawyer can help navigate these laws, ensuring that your rights are protected and that you receive the compensation you deserve. By understanding the legal market, you can make informed decisions and effectively pursue your personal injury claim.
The Road Ahead: Paving the Path for Your Recovery
At Maynard Law, personal injury cases are more than legal battles; they are personal stories.
Stories of resilience, turning points, and new beginnings.
We stand ready to offer authoritative guidance and assertive advocacy to those navigating the tides of personal injury claims. This case underscores how strategic settlements, like tailored suits, fit the precise needs and goals of our clients.
If you have suffered an injury, seek complete compensation. This should cover your current losses and future medical costs and lost wages. Seeking compensation for both present and anticipated costs will confirm that you are fully protected as you recover.
Ready to Talk Strategy?
Contact Maynard Law to discuss your personal injury claim and learn how we can assist in achieving a favorable outcome.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article or interacting with its content does not establish an attorney-client relationship with the Law Offices of C. Douglas Maynard, Jr., PLLC. (“Maynard Law”). To create such a relationship, a formal agreement is required. Past results mentioned in this blog post do not guarantee future outcomes. Each case is unique and must be evaluated on its own merits.
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