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How to handle medical expenses post a motorbike mishap?

How to handle medical expenses post a motorbike mishap?

After a motor vehicle accident, even if you are able to complete a proper recovery from the trauma you survived in a motorcycle accident, you have to endure the burden of the unpredictable medical expenditure that has been incurred around for years. If the accident caused permanent injuries, then the financial losses caused by the mishap is even worse. 

 

The hidden price of a grave injury

The medical expenses from an injury may put you in heavy debt for years, even after you heal completely. It may prove to be even worse if you are already suffering from a long-term health problem that requires treatment, particularly if it hinders your capability to work. However, physical pain is just one of the other worst parts of surviving a serious injury as there is suffering aggravated by not being able to provide for your family the way you used to before the accident. A motorcycle accident lawyer can not only help you pay for the treatment you need, put you with the right doctors, recover the income you lost because of your injuries, but also help you get compensated for your pain and suffering.

 

Don't rely on your car insurance for reimbursement of medical bills

If you have been in a car accident before, you have probably received a settlement offer letter from the car insurance company. Many times, the settlement is not enough to reimburse you for all the money you spent on repairing your car or motorcycle, but only covers part of it. In car accidents involving injuries, the insurance companies include the estimated cost of medical treatment in calculating the settlement offer, but the amount they offer is almost never enough to cover all your medical bills. They usually make offers quickly after a motorcycle wreck.

 

If you get hurt in a motorcycle accident, you must not enter into a settlement and sign a release without consulting your lawyer first. Entering into a settlement implies that you promise not to file a personal injury lawsuit, so in case you later want to file a case because your injuries turned out to be more serious than you thought, the court will reject that lawsuit since you have already released your claim. In fact, you should refrain from talking to the insurance company when they contact you to get a recorded statement about the accident. If you are called, then you should first consult your lawyer. Motorcycle collision lawyers are aware of all the ways that insurance companies use to get the victim to claim that they were at fault for the mishap or that the trauma was not that grave. So it is better to let your personal injury lawyer speak to the insurance company on your behalf as he or she will not say anything that may affect your lawsuit negatively.

 

Role of health insurance

 

If you possess health insurance, you will expect them to compensate for your medical bills but sadly that is not the reality as you will have to shell out of pocket. You are eligible to file a motorcycle accident lawsuit irrespective of whether you have health insurance or not. Usually, when a victim files for reimbursement of medical expenses, he or she seeks the amount charged by the doctors and hospitals, including the part that the insurance paid. For instance, if your insurance covers $20,000 for your treatment, you paid $4,000, and you still owe $16,000, you would request $40,000 for medical expenses. If you win your case, you are bound to pay the amount that you still owe to the doctors and hospitals; you may even have to compensate the insurance company for the amount it paid, especially if your health insurance policy was through your employer or your spouse’s employer and that health insurance plan is a fully-funded ERISA plan that has compensation rights. 

If you are thinking, is it worth filing for a motorcycle accident claim if you have to reimburse so much of it to your health insurance company because any medical expenditure is not the only compensation that you can recover. Your settlement for any claim will also comprise lost earnings and non-economic damages like trauma and suffering.

 

If you've been hurt in a motorbike collision, an expert motorcycle accident attorney like Dominique Wilson Williamscan can assist you in understanding the legalities involved in the trial process and will strive to get you fair reimbursement. Get in touch with us today to book a free consultation.

Who is entitled to seek damages for demise in a car crash?

Who is entitled to seek damages for demise in a car crash?

It is quite understandable that you won't be thinking about money immediately after losing a loved one to death. But often, people have their insurance done to cover for the expenditures of cremation rituals and burial, as well as for any medical charges as a precautionary measure for unforeseen events.

 

However, when the collision has happened because of someone else's fault,  in those instances, the responsibility to pay for medical bills and burial expenditures and to compensate for the loss of a loved one’s family maintenance should not be endured by the family of the one who expired. You may be wondering “Can I get compensation for a car accident?” North Carolina law specifies that immediate family members have a right to compensation if a person’s death is caused by “a wrongful act, neglect or default of another.” A wrongful death lawsuit may be filed to recover compensation on behalf of the deceased’s estate.

 

In case, the person who passed away had left a written deed, the executor name mentioned in the will act as the personal agent of the property. If the person died without leaving any will, the court would then designate an executive of the estate, who will then be accountable for presenting the unfair demise claim. This is usually done by the surviving spouse, an adult child, or a parent.

 

An unjust death claim may demand reimbursement for the following expenses after death from a car accident-

 

  • Medical expenses which comprise emergency care of the expired, medication bills, surgery cost, and hospitalization
  • Lost services rendered by the deceased, in terms of safety, care, and support
  • Trauma and hurt suffered by the deceased person before demise
  • Losing access to earnings for which the survivors were dependent on the expired individual 
  • Rational cremation and funeral charges
  • Loss of amity, solace, advice, and suggestions offered by the presence of the deceased person 

 

Who can be held liable for a lethal car accident?

 

In the majority of the lethal car accidents, it is usually the fault of a negligent driver’s error or his carelessness that may include overspeeding, intoxicant effects, and exhausted driving. In that case, who is to be held liable or who has to compensate for damages for a car mishap. Many car collisions occur because of the reckless behavior of drivers themselves, however in some instances, multiple parties might be involved who can be held responsible for the car accident death insurance payment.

 

The driver who is responsible for the lethal mishap can be accused of the offense. If the collision implies a breach of any state traffic rules and regulations or local traffic ordinance, the driver may be charged with misdemeanor death by vehicle in North Carolina. This comes under a Class A1 misdemeanor, and for which a first-time lawbreaker could be punished with up to 60 days custody and fines as considered relevant by the judge. 

 

Also, in a drunk driving case, the driver may be held guilty with crime death by vehicle. This comes under a class D felony punishable by 51 to 64 months behind bars for a first-time offender and penalty as considered suitable by the judge.

 

Even though a criminal trial may be relevant, based on the factual details, the family of the deceased person will still have to file a different civil lawsuit to seek unjust death reimbursement after the demise of the family member. It is expected from car owners in North Carolina to possess auto liability insurance as it is normally the source of damages for a loved one’s death in an automobile collision.

 

In case of an unfair death claim, the personal agent of the estate would have to present evidence that the accused offender was responsible for the expired person’s demise, and could have predicted that the death was a probable result of his or her carelessness, failure to act, or misbehavior.

 

As your car accident attorney, Wilson Williams would examine proof and establish  the reason for the unjust death mishap while assessing responsibility for the death and file lawsuits with the concerned insurance companies. Dominique Wilson Williams is a competent and committed attorney who aims to deliver best services to clients through his experience and a history of successful negotiations in the courtroom. Contact us today to book a free consultation.

6 ways an attorney can assist you with Personal Injury claim

6 ways an attorney can assist you with Personal Injury claim

If you’ve been recently hurt in an accident, you may not be sure if you can file for a claim. When it comes to personal injuries, it can be a daunting task about where and how to begin with the legal proceedings. This is where the role of a lawyer comes into picture. Your personal injury attorney will assist you in making you understand your rights and available choices, and will simultaneously guide you with the process of seeking a claim. So here are six ways an attorney can facilitate if you’ve been hurt:-

 

1. Ascertain if you have a case

 

There are many different aspects that are taken into consideration when determining whether you can file for a personal injury claim or not. A personal injury lawyer will evaluate the facts of your case and provide you with a fair estimation of the probability of your success. Moreover, if you are eligible to file for a claim, your attorney will help you in assessing what kind of reimbursement you may be entitled to.

 

For instance, if you get hurt in a car collision, you may be eligible to recover damages for your trauma, lost income, and medical expenses. However, if the other driver was at fault evidently, then you can even file for punitive damages. Punitive damages are structured to penalize the at-fault driver and warn against any future mischief.

 

In this case, your lawyer must be able to establish with proof about the other driver’s negligent behavior or ill-intention to injure you. As this can be quite challenging to prove so it’s crucial to have the support of a proficient attorney with you.

 

2. Review the mishap

 

When you have filed for a personal injury claim, your attorney will start examining the accident. This step involves cross-examining eye-witnesses, investigating police reports, and collecting proof and a successful completion of this step will help establish a strong case.

 

Let us say, in case you get wounded in a car collision, your attorney will access the police report and any obtainable dashcam or surveillance footage. They will also interrogate witnesses and gather other proofs as well as images of the spot and the harm to your vehicle. This evidence will help to determine how the mishap occurred and who was at fault. Moreover, your lawyer might suggest taking assistance from proficient witnesses, such as accident deconstructionists, to offer evidence that will help assert your case.

 

3. Deal with the documentation

 

A personal injury claim involves a lot of paperwork that includes filing the initial claim, exchanging records with the insurance firm, and arranging for lawsuit. Your attorney will be able to deal with all of this for you, so that you may focus on your recovery.

 

4. Settle claim with the insurance provider

 

There is a high probability that the at-fault driver’s insurance firm will reach out to you after the mishap. The claim negotiator will make efforts to convince you to a compensation which is lesser than what you actually deserve. You must remember that insurance firms mean businesses, and their objective is to maximize their profits with your case. Hence, it becomes crucial that you have the support of a proficient attorney who will deal with the insurance agent as your representative and legally fight for the reimbursement that you deserve.

 

5. Bring your lawsuit to trial

 

It may happen that the insurance provider may refuse to settle for a fair compensation, so in that case your attorney will take your lawsuit to trial. It is a long and complicated procedure, which involves working closely in depth at your case with a seasoned trial attorney by your side. It is the responsibility of your lawyer to put together your claim and present it at the court in the best feasible way to the bench. Moreover, if the verdict is given in your favor then your attorney will ensure that you get the full sum of remuneration which you actually deserve.

 

6. Plea for the decision

 

If you happen to lose your case, your attorney will assist you file an appeal that can be a complicated procedure so it’s crucial to have the support of a seasoned lawyer. Pleading for a personal injury claim is a challenging task, but you must know that you have the right to seek an appeal if you think the judgment given was unfair to you. Your lawyer will reexamine the case and ascertain if there are any premises for an appeal.

 

However, in case you are determined to file an appeal, your attorney will have to present new testimony or assertions that were not presented in the initial trial. It is easier said than done so better be equipped with a proficient attorney by your side.

 

If you’ve been hurt in a mishap, you must consult with a competent personal injury attorney to help you recover the reimbursement that you deserve for your medical bills, lost wages, and trauma. Contact Wilson Williams today who is an expert personal injury lawyer and will fight for your right to fair damages in the most professional manner.

How to stay alert of a drunk driver

How to stay alert of a drunk driver

We all are quite familiar with the dangers involved with driving while under the influence. News headlines and records are testimony to this. Liquor is an intoxicant that not only mutes the power of your senses, awareness, and reflexes, but also affects your logical thinking ability as well. Though there has been enough emphasis to make the general public aware of the consequences of drunken driving and associated legal punishments, unfortunately, there are some notorious and reckless individuals who run havoc on roads by violating traffic rules and regulations.

 

However, there are ways, other than abstaining from drinking and driving to safeguard yourself from these miserably bad decision makers. As alcohol weakens motor functions, vicious drivers give off signals of their intoxication. Once you are able to recognise the signs of an inebriated driver, it is better that you must follow these dos and don’ts to avoid a disastrous collision. 

 

What can you do when you spot a suspected drunk driver?

It can be a risky affair to be in the vicinity of a drunk driver, however by following the given guidelines, you can safeguard yourself from getting harmed by the carelessness of a drunk driver. Read on to know more-:

 

  • Try to maintain distance from the suspected drunk driver

You must ensure that there is a considerable distance between your vehicle and the possibly risky vehicle of the drunk driver, say at least 3 to 4 vehicles. This way you will get sufficient stopping space to manage the speed of your vehicle in case the drunk driver loses control.

 

  • Get out of the way as soon as possible

Unfortunately, drunk drivers can be completely ignorant of their own actions and can be highly unpredictable. Stay as cautious and alert as possible, and try to get away from the drunk driver as quickly and safely as you can without having to pass the car.

 

  • Safety belt is a must

If you know how to drive and do not usually go out with a driver, then you cannot just afford to skip wearing a seatbelt at all times, no matter what time of the day. Seat belts can be your best protection against catastrophic injuries for you and passengers involved.

 

  • Call the cops immediately

While on the road, pull over whenever you can and call up 911 (you may even dial “#SP” on your phone for emergency traffic support). You must inform the dispatch officer about the location where you found the car, details about the driver’s conduct, the way in which he was headed, and information about the vehicle. This way, you will be able to safeguard yourself from any potential threat and also assist the driver in getting off the road before he ends up wounding others or even himself.



Things you must avoid when you suspect a drunk driver

 

  • Do not feel compelled to overtake the car ahead of you.

While on the road, when you are being suspicious of a drunk driver, be cautious and try not to pass the vehicle or car of the suspected driver. You have no idea if or when the driver loses control of his car.

  • Try not to follow too closely.

You never know when the driver may stop, sidetrack, or turn without alert. If you get too close, you may not get enough time to navigate.

  • Do not strive to act in the capacity of the police

For your own benefit, it is better that you intimate the traffic control about the potential threat and let them perform their duty. It can be difficult for you to predict the mental condition of a tipsy person, so avoid putting yourself at risk and let the professionals deal with it.

  • Don’t take the accountability if you are not at fault

Sadly, you cannot always control your external environment and the behavior of drivers on roads. However, what you can do is fight back when you know you haven't done anything wrong. 

 

Have you or a loved one been injured by a drunk driver?

In case you've been involved in an accident caused by a drunk driver in North Carolina, you will require assistance from a professional and experienced drunk driver injury attorney as soon as possible. Please contact Dominique Wilson Williams through our website to schedule your free consultation.

Dominique Wilson Williams is a qualified and dedicated attorney who aims to offer unmatched services to clients through his previous experience and proven expertise in the courtroom. Contact us today to book a free consultation.

Frequent reasons of Slip and Fall Accidents

Frequent reasons of Slip and Fall Accidents

Slip and fall is a common mishap that may occur at any place at any time. Hence, you must follow all the safety measures to avoid getting hurt as such accidents may happen anywhere from the parking spaces to the footpaths, holiday rental properties, educational institutions or leisure parks to shopping complexes, or other such open places where you are vulnerable to unsafe conditions.

Many times people presume it is their mistake that they slipped off and fell. However, this is not always the scenario as business proprietors, property owners, and other workers may act careless in performing their duties. All these individuals play a crucial role in upkeep and repairs of their properties. Therefore, any negligent action on their part that can lead to slip and fall is considered as a premises liability. Since it is not the victim’s fault, the liable party must reimburse them.

Do you know that the majority of slip and fall accidents are preventable? Slip and fall accidents can be a pricey affair. Hence, they are referred to as a public health problem. While you can prevent slipping and falling in any circumstance, however, this requires that businesses and individuals follow guidelines to ensure their property is secure for use by clients, visitors, and workforce.

Let us look at some of the most common causes of slip and fall accidents:

1.  Wet and irregular surfaces

The most well known reason for slip and fall accidents worldwide is moist and irregular surfaces which cause more than half of all the reported slip and fall cases. Following associated incidents can prove to be hazardous-

  •       wobbly floorboards
  •       slack mats
  •       spoiled carpeting
  •       newly waxed or mopped surfaces
  •       Parking lot potholes
  •       malfunctioning sidewalks
  •       inadequately constructed staircases
  •       Cluttered Floors
  •       Moisture collection

It is important to ensure that the floor is tidy and repaired whenever you notice patchy or damp surfaces.

2.  Weather conditions

Weather is a natural phenomenon that cannot be controlled which makes it another primary reason for slips and fall accidents in the world. You may get involved in different activities in the winter season but be careful. Even building proprietors are lawfully accountable for shoveling the sidewalks, plowing streets, and salting footpaths during this time.

3.  Lack of knowledge and training

Lack of sufficient knowledge and guidance also leads to most slips and fall accidents in the construction business. Every employee and even the employers must undergo proper training to avoid slipping and falling while on duty. Everyone at the construction sites must be sufficiently educated on how to use different tools and equipment. Or else, the employer will be responsible for all the damages caused to the victim(s).

4.  Loose cables and electrical wires

Loose electrical cords and wires often clasp the shoes or make the legs slip over that leads to slip and fall mishaps. Many pedestrians go through this on the roads while walking.

5.  Nursing-home ignorance

Elderly and sick people who are admitted to hospitals are prone to slip and fall collapses, and become weak at balancing themselves. This can prove to be life threatening to them and deteriorate their present situation. Hence, the supervisors and nurses must check their movements within the building.

6.  Wearing wrong footwear

Slips and falls are not just limited to women who put on high heels but anyone who wears improper footwear. You must wear shoes that provide sufficient grip to prevent yourself from getting hurt in such mishaps.

7.  Broken railings

Handrails are used while moving up or down stairways and escalators to prevent injurious falls and these are normally supported by balusters or attached to walls. However, in case of damage or lack of handrails, people often fall prey to slip and fall mishaps. If you slip and fall in the absence of handrails, you are entitled to receive compensation.

8.  Bad lighting

Poor lighting systems in buildings and pavements are another cause of slip and fall mishaps. Be it offices or other public properties, good lighting will enhance vision particularly for those using these spaces at night. Company owners or employers must ensure that pavements, footpaths, and stairways are well lit. Failure to install a proper lighting system creates challenges for those trying to navigate securely from one spot to another.

A land proprietor or supervisor can be held accountable for hazardous outdoor situations that comprise the following:

  •             Poor management at swimming pools or other such places with a high possibility of falls
  •             Inability  to upkeep parking spaces in a protected way by mending cracks and preventing sharp altitude variations
  •             Failure to execute repairs to sustain footpaths and pavements making them secure, consistent and risk free for pedestrians
  •             Neglect on part of the owner to fill up troughs, trenches, and potholes or alert clients about the same
  •       Extreme buildup of snow caused by melting and refreezing, or by leaking pipes
  •       Careless or incompatible use of snow or ice removal services
  •       Insufficient outdoor lighting

You may be prone to dangerous property situations anywhere. However, it may seem easy to determine when a property owner is liable for a slip and fall mishap on their property, establishing neglect under premises liability law can be a challenging task.

Who can be held accountable?

In case of slip and fall accidents, the accused often consist of property owners, property management companies, and workers. If the mishap happened on a public property, then a municipal entity may be held accountable. Recognizing the responsible parties will assist your lawyer in presenting the strongest possible case to ensure that you receive maximum reimbursement for your trauma.

Dominique Wilson Williams is a competent and committed attorney who aims to deliver best services to clients through his experience and a history of successful negotiations in the courtroom. Contact us today to book a free consultation.

Know more about pedestrian accidents

Know more about pedestrian accidents

Pedestrians are especially at risk to the traffic around them, and sadly, collisions involving pedestrians are frequent in North Carolina. Pedestrians should adhere to the rules of the road. There is a chance that even if you are walking on a pavement and following all traffic rules, you may still be hit by a vehicle without any fault of yours. 

Need of a pedestrian accident lawyer

Being hit by a vehicle can have brutal consequences, which might leave you bruised and unable to work while going through a lengthy recovery. A proof is vital to determine if you have the right to seek monetary remuneration from the responsible party, but the at-fault party’s insurance firm will not easily give out an appropriate amount of compensation. Only when you involve an attorney will they start an investigation to collect evidence you require to establish the other party’s liability before it disappears. In case, the insurer still denies appropriate damages, your legal adviser will submit your case to a jury to redeem the compensation you deserve.

Common Causes of Pedestrian Accidents

Reckless driving by careless drivers is one of the major reasons for pedestrian mishaps. Pedestrians are often at risk because of the following reasons:

  • Distracted driving

Making calls on phones or texting, driving in an exhausted state, speeding, violating traffic rules, etc., is very risky, and a driver may not look up in time to notice a pedestrian.

  • Failing to Yield ‘Right of Way’

“Right of way” implies the legal right of a pedestrian or motorist to proceed with precedence at a specific place or in a situation. For example, if a traffic signal instructs a pedestrian to continue onto the crossroad, a motorist should let the pedestrian cross the road before driving through the intersection area. If there is failure to yield right of way, then either a pedestrian or motorist is guilty of traffic violation by proceeding without giving precedence to the other party. Drivers must allow walkers to cross the road at intersections or crosswalks, but mostly accidents occur when drivers fail to do so. Pedestrians are at three times the risk of being struck by cars taking left than when cars turn right. Oftentimes, when the collision happens both the driver and pedestrian are looking in different directions. Sometimes, pedestrians keep on going and looking straight ahead while drivers are working out at the intersection.

  • Driving under influence 

Driving on the road under the influence of liquor or drugs damages a driver’s motor function and judgment, thus disabling them to see a pedestrian.

Who is legally responsible for a pedestrian accident?

A driver, a pedestrian, or a third party can be held legally responsible for a mishap, based on the situations. The fault is established by the standard of negligence. All drivers need to drive with caution and follow traffic laws, and the failure to comply with it is negligence. The pedestrians need to follow the same rule as well i.e. to use crosswalks and follow traffic signals, while third parties like automobile producers are legally responsible to make secure vehicle parts. If a faulty component leads to a pedestrian mishap, the concerned manufacturer can be held accountable. One more third-party example is government liability. A government organization is liable for an accident in case there was a structural defect in a crossing. So if a collision occurs due to neglect by any of the aforementioned parties, they may be held accountable.

A single party or multiple parties can be held liable. Insurance adjusters or a jury makes a decision on each party’s share of accountability by listening to what actually happened from each party, statements of eyewitnesses, assessing the relevant laws (e.g., speed limits), the police report findings, and sometimes evidence from experts. A pedestrian is not allowed to claim remuneration if they are partly accountable under North Carolina’s law of contributory negligence.

Why choose Wilson Williams as your pedestrian accident attorney?

Dominique Wilson Williams is a competent and committed attorney who aims to deliver results in your favor. He aims to offer unmatched services to clients through his experience and brilliant negotiations in the courtroom. Contact us today to book a free consultation.

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