The Personal Injury Claims Process

You have been involved in a crash or an accident that resulted in injuries.

So now what?

Your life is changed in a split second. Your time is now all about doctor’s visits, dealing tieh pain, replacing your vehicle and adjusting everything else too.

From your work schedule to your busy life, a wreck can upend it all. With all this happening, understanding the behind-the-scenes events has an important impact on you.

Did you know …

That under Section 1-52 of the North Carolina General Statutes, you have three years from the date of your injury to claim compensation?

Still time does not help your personal injury claim:

• Witnesses can forget details, move away or even die;
• Records can have mistakes, be lost or destroyed;
• Evidence can be destroyed or overlooked;

However, requesting a free consultation with our team of experienced personal injury attorneys immediately after your accident (or as soon as possible) can ensure that there is sufficient time to investigate your accident, gather evidence and properly file a claim.

The trial lawyers here at Fisher Stark understand what you’re going through.

We’ve seen just about every type of accident and injury possible. But, we also know that every case has a unique impact, because it affects you. By focusing on the nuances in an injury, we see what others may miss.

Most importantly, our experience knows the personal injury claims process. Dealing with insurance companies who know our willingness to fight for what’s right lets you concentrate on recovery.

Personal Injury Law

Let’s start with the goal of the law. The legal system, regarding injury claims, focuses on returning the injured person to the same that they would have been “But for” the negligence-caused injury. So, getting you back to the way you were before the wreck is also the goal for Fisher Stark, P.A.

The law says all medical bills should be paid relating to the injury. All wages lost resulting from the injury (including time away from work) should be restored. So, vacation and/or personal leave days taken in lieu of missing salary are included. In essence, those are monies paid to others.

When injured in an accident, it’s most important to consider the future. Determining an amount of money that is large enough to balance the harms and losses unnaturally taken from you as a result of an injury is key. That’s where the experience of a passionate trial lawyer is most effective. They’re fighting for your future.

Injuries can Be for a Lifetime

First things first. When injured in an accident, getting well is the goal. Seeking medical treatment right away is critical, so never refuse treatment at the scene.

So, let Emergency Medical Technicians (EMT) do their work. There may be an injury that adrenaline is keeping you from feeling.

Even if treated by an EMT, seeking medical treatment in order to return as much pre-injury function as possible. Often the treatment team of medical professionals are important witnesses to the injuries and recovery path that you experienced.

While you are seeking medical treatment, don’t forget that important facts and witnesses need to be secured.  Witnesses are important to helping the truth come out before a court or adjuster.

For example, it may be important to match up fresh gouge marks in the pavement to impact damages under the vehicle. If you are unable to do these things, hiring an experienced attorney is important.

Insurance companies do not have your interests at heart; they are trying to save money.

Regardless of who you call, you should seek the counsel of an attorney who knows how to stand up to insurance companies, including taking your case to trial if need be.

Trial Attorneys

A law firm with a reputation for going to trial will always put the insurance companies on notice. Fisher Stark will fight for fair compensation for lifelong medical bills, lost wages, as well as pain and suffering.

From there, Fisher Stark can help you by filing a complaint (lawsuit), gathering evidence, attempting to settle, and then if necessary, going to trial. We’re well experienced with the process, and can guide you along the way.

Where do personal injuries happen?

Catastrophic personal injuries can happen anywhere, to nearly anyone. Such traumatic injuries can include brain injuries, spinal cord injuries, severe burns, loss of limbs, ruptured organs and more.

Injuries can be the result of a car accident or truck crash, medical mistake, fall from height, workplace injury, even crossing the road as a pedestrian.

Injuries from Traffic Accidents

One of the most common ways people can be hurt is the result of a car or truck accident. Aggressive driving, distracted driving, faulty equipment and more can result in traumatic wounds for victims.

Injuries from traffic accidents can result from car crashes, truck crashes, pedestrian injuries, motorcycle injuries and bicycle injuries.

Traffic accident injuries can include:

• Brain Trauma
• Loss of Limbs
• Road Rash
• Spinal Cord Injuries
• Severe Burns
• Broken Bones

Injuries from Workplace Accidents

Personal injuries can also happen at work. Whether it was a fall from height, getting hit in the head, severe burns, and more, the workplace can be full of dangers.

If an accident on the job results due to unsafe practices or negligence, Fisher Stark holds the responsible parties accountable and knows how to gather evidence before it disappears.

Injuries From Medical Mistakes

A recent Johns Hopkins Survey suggests that medical mistakes are now the third leading cause of death in the United States. These accidents are completely avoidable and could be the result of improper care from a doctor, nurse, staff and even a hospital itself.

Malpractice cases can include injuries due to misdiagnosis, medication errors, childbirth traumas, anesthesia errors and surgery errors.

Medical Malpractice cases are very complex and virtually impossible to win proper compensation without a Medical Malpractice Attorney.

The trial lawyers at Fisher Stark take critical steps to fight for our clients’ rights to proper compensation. This means investigating and gathering evidence, reviewing medical documentation, interviewing witnesses, examining licenses and credentials and ensuring proper procedures were followed.

What You Can Do to help Your Case?

• Don’t refuse medical attention at the scene.

• Do see a doctor as soon as possible.

• Don’t forget to take pictures if possible.

• Do gather all relative evidence at the scene if possible.

• Don’t take an insurance settlement before contacting an attorney.

• Do call Fisher Stark for a free consultation to understand all your legal options.

Medical treatment after an accident

Proper medical care should always be of first importance. If you are injured, do not refuse medical treatment at the scene if you can do so reasonably. It can help your case to have the injury documented as soon as possible.

Depending on the type and severity of the accident, medical treatment can mean being treated at the scene, a trip to the hospital, follow up examinations, extensive medication regimens, medical supplies and equipment, retrofitting a house for wheelchair accessibility, physical therapy, occupational therapy, and psychological counseling.

Hiring a Personal Injury Attorney

Insurance companies want you to take the first offer they make, but Fisher Stark knows that is a mistake. Until long term effects are factored into the equation, it’s impossible to determine what a fair settlement will be.

 

Before you sign anything the insurance companies give you, talk to an attorney. You can call Fisher Stark for a free consultation at 828-505-4300.

Questions you should ask an attorney

During an initial consultation, Fisher Stark, P.A., wants to let you know you are good hands. But no matter who you talk to, feel free to ask:

• Do you visit in home or hospital?
• Do you charge a fee for no recovery?
• What is your fee for a personal injury case?
• Do you charge for “case expenses” if no recovery?
• What percentage of your cases go to trial?
• What percentage of your cases are personal injury cases?
• How long have you been handling personal injury cases?
• Are you a member of organizations that specialize in representing people? (AAJ, TLA, etc)
• Are you a “board certified” civil trial lawyer? (NBTA)
• How many lawyers work your cases?
• Who will handle my case?
• What improves my case?
• What is my role in my lawsuit?
• Will you accept my wishes if we disagree on a settlement offer?
• Can you provide references from past clients?
• How much time can you devote to my case?
• What is my case worth?
• How long does a typical personal injury case (say, a car accident) take to resolve?
• What is your success rate for cases that go to trial?
• Will my personal injury case go to trial?
• What happens if I am partially at fault for the accident?
• How long do I have to file a personal injury claim?
• What can I expect during my personal injury case?
• How often will you communicate with me about my case?
• What other staff members will be working on my case?
• How many personal injury cases are you currently handling?
• When I call with a question, how long will it take to get a response?

Filing a complaint

When Fisher Stark, P.A., is hired, you can focus on recuperation. Fisher Stark, P.A. is an experienced team of lawyers, dedicated to thoroughly investigate personal injury accidents to fight for your rights!

Gathering evidence

It’s important to gather evidence quickly as it can grow cold. Having an experienced legal team on your case quickly helps your case.

The trial attorneys at Fisher Stark know how to seek needed information as well as look for falsified evidence too.

During the case process, Fisher Stark:

• Interviews important witnesses.
• Investigates the accident scene.
• Reviews police and accident reports.
• Examines background information like licenses and credentials.
• Determines if laws and regulations were violated.
• Investigates for safety violations

Experience with complex cases

Having a lawyer prove negligence in any accident is very important when filing a personal injury case. There are complex State and Federal laws and regulations which can be hard to interpret. Fisher Stark lawyers have experience with complex laws and litigation as well as the resources to represent our clients.

Experienced lawyers also know that strict procedures hold companies to higher standards, which can help your case. For example, there are specific rules regarding how long a truck driver can be behind the wheel and how much rest they must get in a given time frame.

Industry laws are in place to protect the public and keep us safe whether on the road, at work, or under medical care.

Attempting to settle a claim

Negotiation is where an experienced lawyer really makes a difference. Because we’ve helped so many clients through the personal injury process, we know how important a fair settlement impacts ongoing care, pain and suffering, and medical expenses.

Insurance companies have their own interests at heart, not yours. If you don’t have lawyers with reputations for going to trial to get proper compensation, an insurance company will fight against a fair settlement.

The trial lawyers at Fisher Stark understand the costs associated with ongoing medical care. Any catastrophic accident can result in ongoing medical expenses, lost wages, diminished earning potential, emotional distress and permanent disfigurement.

Catastrophic injury challenges

Lifelong injuries can cause other medical issues over time. Someone who suffered a spinal cord injury can develop respiratory problems much later. Someone who has suffered a brain injury can appear perfectly normal, but may face debilitating, lifelong issues like chronic headaches, memory loss and cognitive dysfunction, making it nearly impossible to keep a job or even hold long term personal relationships.

Numerous studies illustrate how traumatic brain injuries affect the person on a cellular level as well as substantially increasing the likelihood of future cognitive conditions.

Catastrophic injuries should have experienced representation like Fisher Stark, P.A..  Serious injuries deserve serious lawyers. Our lawyers won’t take the first offer and will fight to obtain the full recovery that you are due.

Going to trial for personal injury

If the insurance company refuses to settle for a fair amount, an experienced trial attorney will have no qualms about going to court. Fisher Stark attorneys fight for your rights in court. We hold those responsible for personal injuries accountable.

If you or someone you love has suffered a catastrophic injury, the process of receiving fair compensation is complex. An experienced legal team can help mitigate the complex nature of the personal injury claim process.

Asheville Personal Injury Lawyer

At Fisher Stark, P.A., we have more than 40 years experience on our side. We know the extent of personal injuries and will fight for fair compensation.

Call today for a free consultation at 828-505-4300 if you or a loved one has been injured. We can help you through a complex injury claim process, fighting for your rights to full compensation, so you can focus on healing. If you or  loved one has been injured in an accident, Contact Us today.