We have addressed in recent columns motor-vehicle law issues that confront virtually every driver in North Carolina: What do you do when you have been involved in a mishap? And if you have property damage, how do you go about getting a fair settlement of your property-damage claim?
Not as many of us are physically injured as a result of a wreck (thankfully), but most of us know someone who has been involved in a wreck in which they were injured. How do responsible people deal with that claim?
There is a misperception by some that if you have a personal injury claim, somehow you are trying to get something to which you are not entitled. For most of us, the issue gets close to the "right/wrong" compass we carry in life. And so we come to the question: what is right thing to do?
We live in a region of the country in which few people I have ever met are trying to turn a mishap to their unfair advantage. In 35 years of practicing law, my experience is most people struggle with the "right/wrong" issue more than the public realizes. Few are quick to get to the "bottom line": what will I get? Overwhelmingly, people just want to be treated fairly. That's all.
In an ironic twist, good people often have their goodness, their sense of fairness, turned back on them. Seeking a fairer resolution than what has been offered does not mean you are trying to secure a monetary payment to which you are not entitled, but claimants are made to feel that way.
And so, many give up and settle, even when they are not satisfied that they have received a fair shake.
Less often, they go to see a lawyer, sometimes on a claim that should have been settled without a lawyer. But because they have this disparity in bargaining position with the other side, they need assistance.
If you find yourself in this situation, and you have a claim that does not involve serious injuries, there are some things to consider if you want to handle your claim without an attorney.
What damages are you entitled to? Your reasonable medical expenses related to the injuries you sustained; lost wages; scarring or disfigurement; any permanent injuries, such as a disability rating given by your health-care provider; and pain and suffering.
The most difficult elements of damages to calculate are damages for pain and suffering, and permanent disability. Contrary to popular belief, there are no set formulas to determine what a fair settlement is. Before you settle your claim, know the full extent of your injuries. Once you settle, you settle for good.
It is important to document your claim fully. Many muscular and skeletal injuries are not apparent at the scene of a wreck. Injured parties sometimes don't go to the doctor for weeks. When they finally do, the gap of time from the time of claimed injury and treatment is problematic.
If you are in a wreck, do what the investigating officer tells you: go to the doctor or emergency room to make sure you are all right. And if you are not all right, your doctor can document the reason why.
No one should be too quick to call a lawyer, unless they have been involved in a serious wreck. But when you are not sure whether you need a lawyer, a helpful service is the North Carolina Lawyer Referral Program. You can call 800-662-7660, or, go to www.ncbar.org, and speak with an attorney for up to 30 minutes for no more than $30.
Remember: An informed choice is a smart choice.
Mike Wells is an attorney with Wells Jenkins Lucas & Jenkins, PLLC, in Winston-Salem.
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