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What Is Med Pay And How Does It Work?

Written by kwmlaw on . Posted in Kelly & West News.

Med Pay, or medical payments insurance, is a type of coverage available from most North Carolina auto insurers.  If you have Med Pay coverage, it will help pay your medical expenses and those of any passengers in your vehicle in the case of an auto accident, no matter who is at fault.

If you are not at fault in the accident, then you may be compensated by the responsible party as well, which compensation includes medical bills, pain, suffering, and lost wages.  In North Carolina, you can still claim your Med Pay insurance after being compensated by the person at fault.

If you are injured while riding in a vehicle covered by Med Pay, you might be eligible to collect from that insurance policy.  If the vehicle is owned by someone who does not have Med Pay coverage, then you may collect on your own policy.

Should You Have Med Pay Coverage?  How Much?

While Med Pay is not mandatory, it is worthwhile coverage to include in your auto insurance policy.  If you are a business owner, Med Pay should definitely be part of your policy, because itwhat-is-med-pay-and-how-does-it-work protects your employees as well.

You may have Med Pay insurance and not realize it.  Most North Carolina auto insurance policies include Med Pay coverage.  If you are not sure, contact your insurance agent to find out.

It is also important to consider how much Med Pay your policy will cover in the event of an accident.  Many policies cover up to only $1,000, $2,000 or $5,000 per person.  Additional Med Pay coverage is reasonably priced, and the costs of medical care can be considerable.  We recommend that you purchase at least $25,000 of Med Pay coverage.

Our Plan

Kelly & West routinely handle Med Pay insurance claims for our clients.  We even negotiate with multiple insurance policyholders.  If you or someone else you care for has been injured in an auto-related accident, contact us right away, especially if you are unsure if you have Med Pay coverage.  There can be complications when making claims with insurance companies, so let the professional personal injury attorneys at Kelly & West do the hard work.

How Do I Get Workers’ Compensation?

Written by kwmlaw on . Posted in Kelly & West News.

Being injured on the job can cause pain beyond physical harm. You are out of work, losing money, and have medical bills piling up. So what do you do? You may want to consider filing a claim for workers’ compensation. If you qualify, you may receive compensation for lost wages and any related medical bills. Here are a few things you need to know about these benefits.

What is Workers’ Compensation?

Workers’ compensation, or workers’ comp, is an insurance program that provides compensation for employees who are injured by accident while doing the tasks required of them by their employer. It is a no-fault remedy, meaning the employee is not required to prove fault to receive benefits. Workers’ compensation covers almost any injury caused by doing your job. However, it is important to keep in mind that workers’ compensation does not cover pre-existing injuries unless the injury was aggravated or made worse due to the employment.

Do I Qualify?

To be eligible for workers’ compensation, you must be an employee. Contractors are not eligible. You must also work for an employer that has workers’ compensation insurance. Not all employers are required to carry insurance. Finally, your injury/disease must be work-related.

Injuries covered under workers’ compensation include:

  • Physical injury on the job, including exposure to toxins and repetitive-motion injuries such as carpal tunnel
  • Pre-existing injuries that are made worse by work-related activities
  • Injuries caused while on break, on work-sponsored trips, or at work-sponsored events
  • Injuries from mental or physical stress brought on by work duties

Injuries not covered under workers’ compensation:

  • Self-inflicted injuries
  • Injuries encountered while violating company policy
  • Injuries encountered while violating the law
  • Injuries encountered while not on the job

How do I Get Workers’ Compensation?

To qualify, your on-the-job injury must have occured while you were carrying on the company’s business. If you are injured or sick at work, get medical attention immediately and inform your employer of your situation. To file a claim, you will want to gather information including what caused the injury, where it happened (if applicable), any witnesses (if applicable), and your doctor’s information. After informing your employer, he or she should give you a claim form to fill out or you can find the form and instructions by clicking here. You will then submit the form to your employer, and file it with the North Carolina Industrial Commission, as indicated on the form. Your employer (and their insurance company) then has 30 days to admit or deny your claim and should send you a written notice of this admission or denial.

What Benefits Am I Entitled To?

The policy pays for medical bills related to your injury and compensation for your lost wages up to a certain amount. You may also receive payment for permanent injuries (disability) and payment for rehabilitation services, if applicable.

When To Contact an Attorney

While many employers will not dispute your injury, if you are hurt at work, contact an attorney as soon as possible. He or she can help make sure your claim is submitted correctly and will prepare in case your employer wants to deny the application.

If you would like to talk with an experienced and caring workers’ compensation attorney, please contact us.

Motorcycle and Car Accidents: How Are They Different?

Written by kwmlaw on . Posted in Kelly & West News.

All drivers on the road, whether on a motorcycle or in a car, are required to follow the same traffic laws. However, the legal outcomes of an accident can differ depending on the vehicle.

If you were in a motorcycle accident, you may think that your case would be handled the same way as if it were a car, but there are significant differences that mean you may deserve more than what you think. For example, the driver of the car may be at least partially liable because cars have more safety advantages over motorcycles.man riding motorcycle

Here are other differences between motorcycle accidents and car accidents that many jurors and insurance agents will not know. A good motorcycle accident attorney will help educate and advocate for you.

  • Many people who do not own or ride motorcycles may perceive those who do as daredevils or dangerous. An experienced attorney will inform the jury of your actions, as a rider, to take precautions and drive safely.
  • An attorney can also educate the jury about actions you took during an accident that may look wrong to a car driver, such as laying the motorcycle down.
  • Motorcycles are more difficult to see because they are significantly smaller than a car. Because of this, a driver of a car may not see a motorcyclist when turning or merging into another lane.
  • There are hazards on the road that are more dangerous for motorcyclists. For example, potholes, slick roads, and debris can mean life or death for someone on a motorcycle, but may not have as much effect in a car.
  • Fender benders are common among car accidents, but even a “tap” can seriously injure a motorcyclist if hit from behind. In fact, cars take longer to stop than motorcycles do, so if someone is driving too close to the back of a motorcyclist, then that could mean negligence on the car driver’s part.
  • There are fewer safety precautions for a motorcycle than cars. Because of this, injuries from a motorcycle accident can be more serious, take longer to heal and keep you out of work longer than a car accident. Read these safety tips to cover how you can stay safe on the road.

Having an attorney familiar with laws regarding motorcycle accidents means that you can rely on someone that is familiar with what applies and how these accidents are different from car accidents.

Our firm has more than 35 years of experience. If you were in a motorcycle accident, contact us. We can help you understand your options and make sure you receive the compensation you deserve.

How To Handle A Personal Injury Claim

Written by kwmlaw on . Posted in Kelly & West News.

You are injured, and someone else is at fault. What do you do? What steps do you need to take? Suppose you want to file a claim against someone for your injury. In that case, you may need to file a civil complaint or lawsuit against the person(s) responsible — or even the insurance company if they will not voluntarily pay you. 

Filing a lawsuit may feel scary, especially when you’re dealing with the stress of being injured. Let’s make it a bit easier with these answers to some frequently asked questions.

What is a personal injury case?   

A personal injury case is a legal claim in which one person (the plaintiff) suffers from an accident or injury due to another party (the defendant). Personal injury cases require knowledge of the facts and the law and range from dog bites to wrongful death.

Do I have a case?   

To know if you have a case or not, ask yourself the following questions:

  1. Have I suffered an injury?
  2. Was the damage caused by someone else?

Each personal injury case is different. The differing facts in each case make applying the law a challenge. Also, proving that the accident is entirely someone else’s fault can be challenging because in North Carolina, if you are even 1 percent at fault, then you may not recover anything under the doctrine known as “contributory negligence.” North Carolina is one of only a handful

Photo by Brett Sayles from Pexels

of states with this law, but it can make your case difficult, especially if you do not have an experienced attorney helping you with the matter.

Do I need to file a claim? Do I need to hire a lawyer?   

You should file a claim for your injuries, especially if you were seriously hurt. It is best to get the advice of an experienced attorney anytime you are injured but especially if you receive medical treatment or are out of work because of the injuries. Insurance companies have experienced attorneys working for them that know the law, so you should discuss your case with a Lillington personal injury attorney to avoid any pitfalls.

Will my case go to court?

Not necessarily. Your case will only go to court if you and the other party cannot agree out of court. Once you file a lawsuit, you must meet the deadlines imposed by the court. Failure to do so could cause your case to be dismissed. 

Before filing a lawsuit in your case, be sure you know what to expect. For example, there’s no guarantee you will win. And the process may take months. 

Once the lawsuit is filed, you may not be able to un-file the lawsuit or delay the case without losing your rights, so be sure that you have the help of an experienced attorney throughout this process. Also, you, as the injured party, have the burden of proving your case in court. You may only get one shot at this, so you must know how to proceed. An experienced attorney will be able to assist you and is vital to a successful outcome.

Whatever you do, don’t wait. 

If you are injured in Harnett County, talk to an attorney within a few days. The longer you wait, the more challenging your case will be for both you and an attorney. Plus, time will erode evidence, such as skid marks, visible injuries to yourself, and witness testimonies. 

Additionally, the statute of limitations creates a time frame in which you can file a lawsuit. North Carolina has a statute of limitations of three years from the date you are injured. It may seem like you have plenty of time, but you will want to make sure to document all evidence possible before the lawsuit is filed to be sure that you present the best case possible in court.

So what’s the first step? 

Get information about your case and document your case. Act as soon as you can, so your attorney can contact witnesses and record their testimonies while fresh in their minds. 

If you need help with your personal injury case, do not hesitate to contact our experienced team of attorneys.

Tips For A Safe And Happy Holiday Season

Written by kwmlaw on . Posted in Kelly & West News.

The holiday season is full of joyous traditions and celebrations. It’s a time to be surrounded by loved ones and give thanks for everything we have. The attorneys at Kelly & West want to wish everyone a very happy holiday season, but we also want you to be safe. Unfortunately, the season’s tidings also bring safety hazards, including personal injury, property damage, and traffic violations.

We wanted to take some time to reach out to our great clients and give you all some holiday safety tips.

Decrease the Chances of Personal Injury in Your Home
Holiday shopping, stringing lights, and decorating your home marks the beginning of the holiday season for many people. These wonderful traditions can also pose certain risks leading to injury. Make sure you look for potential hazards in order to keep your family and friends safe from injury when visiting your home.

  • Keep all of your holiday shopping apparel organized in one area with the least amount of foot traffic. This will decrease the chances of someone tripping and falling.
  • When decorating, make sure you use all of the appropriate equipment necessary. Use proper ladders and other tools to make sure all decorating plans operate smoothly and don’t end in someone falling or getting hurt.
  • The holiday decorations themselves can pose as threats. Make sure your decorations are sturdy and free of potential injury. Think about the placement of your decorations as well. Don’t leave hazardous decorations in reach of small children or family pets.

    Photo credit: State Farm via Visual hunt / CC BY
    Photo credit: State Farm via Visual hunt / CC BY

Fire Hazards and Property Damage
Every year, we hear of families falling victim to house fires. The extra decorations, including candles and lights, increase the chances of this happening.

  • Use regulation approved outside lighting for exterior decorating.
  • Purchase fresh trees. You can tell trees are fresh when the needles do not fall off easily and the trunk is sticky with resin. Old, dry trees are much more likely to catch fire. If you are using an artificial tree, make sure it is fire resistant. Also, keep your tree away from the fireplace or any other source of heat.
  • When using candles, they should never be placed near the tree, wrapping paper, or other decorations that may set fire.
  • Make sure you turn off and unplug all decorations when you go to sleep or leave your home.
    *Also, please note that it is very important to do routine checks of your smoke/fire alarm. Make sure the batteries are not running low and press the test button to make sure your alarm is working properly.

Holiday Traffic Causes Accidents
Ah, dreadful holiday traffic. With so many people traveling and finishing their holiday shopping, you must practice defensive driving so you don’t end up in an accident.

  • Wear your seat belt at all times.
  • Pay attention to the road and try to minimize all distractions.
  • Keep a safe distance between your car and the cars around you.
  • Follow the speed limit, even if you are late to your annual holiday party.
  • Choose a designated driver if you plan on drinking alcohol.

If you have any questions about holiday safety or find yourself in a situation where you need some legal advice, just give us a call. We hope you and your family have a safe and happy holiday season!

Injuries On-the-Job

Written by kwmlaw on . Posted in Areas of Experience.

Workplace Injuries
Photo by Joey Zolfaghari-Azar

If you are injured at work, it’s important to contact an experienced personal injuries attorney as soon as possible. The law is designed to help employees who are accidentally hurt on the job receive benefits and payments for medical expenses, time lost from work and more.

It can feel scary to hire a lawyer in this situation. Maybe it was a simple accident, and maybe you and your boss are also friends. But to protect both you and your employer, it’s important to have a legal representative who can speak on your behalf and navigate your employer’s workers’ compensation policy. In addition, many workers lose benefits because the company makes it difficult to file a claim or lies, or because the worker misses deadlines.

An experienced attorney at Kelly and West can help you protect your right to receive fair compensation and make sure you have no missed opportunities after a work accident. Call us today at 910-893-8183.