Personal Injury Lawyers in Asheville North Carolina 828-505-4300
Last updated: April 12th, 2016. Are you looking for a personal injury attorney in Asheville, NC? After an injury, you or your loved ones may have many questions. Is someone responsible for my injuries and medical bills? How do I deal with the insurance companies that keep calling? What am I able to recover as fair compensation under the law? To assist you, we offer free initial consultations to discuss your matter.
Personal injury settlements or verdicts are typically paid by the at-fault party’s insurance company. Insurance companies typically undervalue claims, and often the only way to obtain fair compensation is to go to trial. We have over 50 combined years of trial practice and have taken part in over 1,000 jury and non-jury trials. We use that experience and knowledge to assist you or your loved one in an effort to not only achieve fair compensation for the injuries and harms, but to better the community through the enforcement of society’s safety rules. By holding corporations and others accountable when they break the rules, we further a common goal of making the communities we practice in safer, and send a message to would be rule breakers that they will be held responsible for their choices.
The lawyers at Fisher Stark, P.A. have represented those injured as a result of:
- Automobile accidents
- Trucking accidents
- Back injuries
- Traumatic brain injuries
- Slip and falls
- Assault and battery
- Premises liability
- Wrongful death
- Dog bites
- Construction site injuries
- Neck injuries
- Motorcycle accidents
- Bicycle accidents
- Spinal cord injuries
- Catastrophic injuries
- Medical malpractice
- Crime victims
- Electrical injuries
- Burn injuries
Top Seven Questions To Ask When Hiring A Specialist In Personal Injury Law
Bad driving choices and defective products cause numerous injuries throughout North Carolina every day. The personal injury attorneys at Fisher Stark, P.A. help the injured and their family address the consequences of an injury caused by another’s driving choices or a company’s negligence. If you are injured because of someone’s actions, you have a personal injury. There is a tremendous knowledge burden that one must understand in handling a personal injury claim. Folks who try and handle the matter on their own are usually met with frustration and find that it costs them lots of time and money. The attorneys at Fisher Stark, P.A. utilize their expertise every day to help the injured and their families through the post-injury minefield that corporations and the insurance industry has created. “Do I handle this on my own?” or “Should I hire a lawyer?” The answers to some basic questions will help you see why hiring a personal injury attorney is often the best choice.
How much is it going to cost?
Most personal injury cases are handled on a contingent fee basis. That means the client does not pay for the lawyer’s services on an hourly basis but instead pays the lawyer based upon a percentage of the recovery. Lawyers in North Carolina generally charge between 33.3% and 40% of the recovery for their services. We typically find that our clients receive more total dollars in their pocket when we handle their case as opposed to when they go about it on their own. Folks who handle a case on their own often receive significantly less in total dollars and those dollars tend to get swept away because of medical liens and other charges. We work with the care team to minimize the liens, maximize third-party recoveries and put as much compensation as possible into our clients’ hands. Most folks would not take any amount of money to voluntarily go through what they experience in a wreck or from a defective product. Since personal injury lawyers generally charge the same percentage amount, hire a law firm that can get the most dollars for your claim and allow you to receive the maximum compensation.
What does an injury attorney do?
The attorneys at Fisher Stark, P.A. give personal attention to their clients’ files. You are not just a number to us. Our firm is not a settlement mill. This firm is a trial law firm and the claim adjusters know it. If the insurance company representing the person that injured you does not think the lawyer or law firm will take their cases to trial, the offers will be substantially less.
Here is a list of some of the things we do:
- Gather the medical records and other pertinent information.
- Negotiate with the insurance company and investigate the various avenues of recovery from responsible parties.
- Work on compensation for you so that your care team and family can focus on your recovery.
- Work with the medical liens.
In the end, if the adjuster does not offer an amount equal to what a jury would do, we will advise you and we will take your case to court and seek to have a judge or jury to fully and fairly compensate you for your injuries and losses. As personal injury attorneys, we understand how to deal with the other side’s trained negotiator/adjuster. We review your medical records, understand your injuries, and look at your future losses and future consequences from the harms you received and we use our skill and experience to obtain the compensation that you are fairly due. Further, we will communicate with you concerning the stages of the process and involve you with those decisions.
Have you handled injury cases like mine before?
The attorneys at Fisher Stark, P.A. have handled virtually every type of personal injury that one can think of. We have handled cases ranging from the most modest to the most severe. Our cases typically involve significant injuries, including broken bones, motorcycle wrecks, trucking accidents, product liability and defective products, wrongful death, concussions, burns, and traumatic brain injuries. We have handled and tried cases throughout North Carolina and many of our clients have asked us to travel to other locations to try cases as their counsel, including handling cases from Miami to Montreal, New York to Seattle, and all along the eastern seaboard.
How long does it take to handle a case?
We constantly work to improve our processes and efforts to assist our clients. Currently, it takes about 12 months in most counties from the time a lawsuit is filed until you are in front of a jury. Some complex cases can take a little longer to get to trial. Because of recent changes in the law, insurance companies often want to get extensive medical records often as far back as 10 years prior to your injury. We monitor and review their requests to make sure they do not go on a fishing expedition through your past medical records. Please note that your hospital discharge summaries are only one part of a much larger medical history and treatment documentation. There are many more records than this that we need and will obtain to comprehensively handle your matter.
What is the role of experience in handling a personal injury case?
It simply cannot be overestimated how important it is to have a personal injury lawyer who is experienced in arguing cases in front of a judge and jury. There are two reasons for this. One is that only an experienced trial lawyer can help you maximize the size of any settlement or award.
The other is that it requires quite a bit of experience to navigate all the legal loopholes and openings that insurance companies use to avoid offering a fair settlement, whether it is a medical malpractice case or an auto accident.
If you are able to show an insurance company that your case has merit and that you are fully prepared to take it to court, you will have much greater bargaining leverage. That’s why it’s important to look at two aspects of a personal injury law firm’s background – the size of recent settlements and awards and the frequency with which cases settle before ever heading to the courtroom.
Most people only focus on the first factor without giving any thought to this second factor. However, a law firm that is known to accept settlements rather than pursuing a full award in a courtroom with a judge and jury will always be quoted discounted offers by insurance companies.
How often do your cases actually go to court?
From the outset, our law firm makes it clear that it is willing to take every single case to court. This prevents insurance companies from attempting to offer low settlement awards. One of the first things that at-fault insurance companies will do is to check which firm is trying the case, and what their background is. They will always find out the name of the law firm representing the injured person.
For that reason, insurance companies would always prefer to see one of two different outcomes – either there is a law firm that won’t take a case to court, or even better, an injured person is representing himself or herself without an attorney. In the latter case, this sends an immediate signal to the at-fault insurance company that they can offer a discounted settlement award that is well below true value.
What kind of background and experience do you have?
Our law firm has extensive links within the legal community, including affiliations with the American Association for Justice, the North Carolina Association of Trial Attorneys, and the Million Dollar Advocates Forum. This has helped to establish our reputation within the community.
Moreover, you can look at some of our recent trial verdicts. We have a solid track record of receiving some of the largest verdicts for our clients in the entire county. However, as we counsel all of our clients, past performance is no guarantee of future performance.
As part of our process of putting together the strongest possible case, we invite you to have a consultation with our firm’s lawyers and discuss the details of your case under the strictest confidentiality. We treat every client with the utmost dignity, respect and regard.
Within this initial consultation, you will learn more about our track record of serving every client. We will also help to educate you on the knowledge burden that will be required as part of the case, including records, information or details that you may need to provide at a later date.
You can contact us via telephone at 828-505-4300 to set up a free consultation.
Personal Injury Attorney Asheville
|TYPE OF CASE||DESCRIPTION||STATUTORY v. COMMON LAW|
|1. Automobile accidents||Injuries arising from the use of an automobile, including drivers, passengers, and pedestrians.||Common law|
|2. Trucking accidents||Injuries resulting from crashes with over-the-road tractor trailers, local haul trucks, carriers in interstate commerce, and all other private and commercial carriers. Injuries tend to be catastrophic due to the momentum and mass of the vehicles.||Common law, statutory and regulatory|
|3. Back injuries||Spinal cord injuries, impact to the central nervous system, medical neglect, injuries include loss of function, numbness, paralysis, and often severely impact activities of daily living.||Common law|
|4. Traumatic brain injuries||Acute injury to the brain resulting from blows, trauma, as well as anoxic injuries resulting resulting from the lack of oxygen to the brain. Often the most misdiagnosed injury during initial trauma treatment.||Common law|
|5. Slip and falls||Injuries resulting from hazardous premises. Often involve known unsafe conditions. The injuries often include orthopedic injuries, spinal injuries, and traumatic brain injuries.||Common law|
|6. Assault and battery||Any unwanted physical touching causing injury.||Statutory and Common law|
|7. Premises liability||Harm arising from unsafe premises caused by either the owner of the premises or others relating to known hazards.||Common law|
|8. Wrongful death||Significant injury causing death caused by another.||Common law and statutory|
|9. Dog bites||Personal injuries reaulting from dog bites.||Common law and statutory|
|10. Construction site injuries||Injuries occurring on or abound construction sites and projects.||Common law|
|11. Neck injuries||Injuries to the neck/upper spine areas.||Common law|
|12. Motorcycle accidents||Injuries arising from the use of a motorcycle, including drivers and passengers/riders.||Common law|
|13. Bicycle accidents||Injuries arising from the use of a bicycle.||Common law|
|14. Spinal cord injuries||Injuries to spinal cords, including paralysis.||Common law|
|15. Catastrophic injuries||Significant personal injureis to the spine, spinal cord or brain, including spinal or skull fractures and harm.||Common law|
|16. Medical malpractice||Injuries resulting from medical negligence by health care providers.||Common law|
|17. Crime victims||Injuries resulting from the criminal activities of another.||Common law and statutory|
|18. Electrical injuries||Injuries resulting from electrocution.||Common law|
|19. Burn injuries||Personal injuries and harm resulting from being burned.||Common law|