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How Do You Know if Negligence is to Blame for Your Accident?

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

Accidents happen and are sometimes unavoidable. Although, maybe you have been involved in an accident and are confident that another person caused it to happen. You did everything right, yet you are burdened with the consequences of financial and/ or physical damages. It is essential to know what signs to look for when you suspect negligence was the cause of your accident.

What is Negligence?
Negligence is conduct that falls below standards established by the law that results in risk or harm to others. To put it simply, it mostly consists of carelessness. Negligence can be committed by carelessness or non-performance of duties. There are many different kinds of negligence.
Negligence can be seen in automobile accidents, during lack of concern for hazards on a property, in medical settings, and in the workplace. Some causes include texting and driving, reckless driving, medical personnel administering the wrong medication or treatment, and ignored hazards in a public space or the workplace.

Contributory Vs. Comparative Negligence
Two terms you might hear are contributory and comparative negligence. Contributory negligence only remains recognized for personal injury law in four states, with North Carolina being one of them. It prevents a person from recovering any money in a personal injury lawsuit if they had any fault in the accident, even 1%. Comparative negligence allows the fault to be distributed to both parties. For example, if the person injured was 25% at fault, they could receive 75% of the damages. Read more in our post explaining the two.

5 Examples of an Accident Due to Someone Else’s Negligence

  1. There is a broken staircase on a property you are visiting. The property owner has known about this hazard, and there have been reports filed about it. Nothing has been done to address it, you have not been warned about the danger, and you injure yourself while walking up the staircase.
  2. A person is not paying attention to the road while texting and driving. The distractibusy intersection on causes the person to hit your car, injuring you and/or your passenger(s).
  3. You are driving through a green light, and another driver runs a red light at a busy intersection, causing a collision. You and/or your passengers are injured from the collision.
  4. You are shopping at the local grocery store. A jar has shattered and spilled, and the mess has been there for 30 minutes with no “wet floor” sign in sight. You slip and fall and injure yourself on the glass.
  5. A person takes their dog to a public park, even though they are aware the dog is aggressive and has bitten before. While at the park, the owner lets the dog get close to you and the dog attacks, causing injury.

Signs Your Accident was Caused by Negligence
You might notice a trend in these examples; someone did not do something that a regular person would consider typical behavior. For example, someone didn’t put out a sign to warn people about the wet floor at the grocery store. Look for the following:

  • Signs/cautions about the danger.
  • Previous complaints filed about the danger.
  • Previous citations given regarding similar or identical acts.
  • Ignored claims of broken or damaged property.

Negligence can sometimes be difficult to determine, so it is always important to consult a lawyer. If you are unsure if your accident was caused by negligence, contact us for a free consultation from one of our caring attorneys.

7 Questions to ask Your Personal Injury Attorney

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

Severe injuries are likely to come without warning. If you or your loved one is injured due to someone else’s fault, you might feel confused about how to proceed with a case and how to prepare yourself. After getting immediate medical help, your next step should be speaking with an experienced Personal Injury Attorney before you talk with anyone else.

During that first meeting with an attorney, you will probably have some questions of your own. But here are seven others you should always ask:

1) Have you handled cases similar to mine? What were the outcomes?

It is essential to know that your attorney has handled similar past cases and how many. The more experience your attorney has, the better the chances you have of receiving rightful compensation. Don’t be shy about asking how those cases turned out either.

2) How often will you communicate with me?

Photo by Marcus Aurelius from Pexels

Communication is key to a successful personal injury case. Your attorney should let you know exactly where they are in your case to prepare for the next step. Don’t be afraid to contact them if you have questions.

3) How can I be involved in my case?

Make sure you meet or speak with your attorney at least once a week. Also, make sure you deliver all necessary documentation or bills related to the accident. Notify your attorney if insurance companies, doctors, or associates ask you questions regarding your case. Getting caught off guard can lead to case disruptions.

4) How will I be paying for your services?

Every case is different and may result in fixed fees or contingency fees. The fixed fee amount is determined by the tasks associated with your case. The contingency fee is based upon the result of your case, so you don’t have to pay until your case is a success.

5) What if I have problems with creditors?

Unfortunately, it is not uncommon for financial disruption to occur. Report to your creditors as soon as possible to let me know about your accident and see if they are willing to work with you or work out a more flexible payment arrangement.  Your attorney should be willing to send them a letter, too, confirming your situation, if necessary.

6) Is there anything I can do to help make sure that I get fair compensation?

Getting fair compensation from an insurance company takes work, and you must talk with your attorney about what you can do to make sure that you receive fair compensation. Often, insurance companies want to see evidence that you have followed your doctors’ advice and any restrictions. Talk to your attorney about how you can help ensure you get the compensation you deserve by getting the treatment you need.

7) When can we settle my case?

Every case is different; however, most cases follow a similar pattern: you get injured, you receive medical treatment, you get better, and you get released from your doctor. Since insurance companies only pay you one time in one lump sum to settle your case, you must get all the medical treatment you need before settling your case. Talk to your attorney about what may trigger a settlement for your case, so you know what to expect.

Your list of questions should not be limited to this list. Every case is unique and calls for individual decisions. If you are victim to an accidental injury, the attorneys at Kelly & West can get you the compensation you deserve. Schedule a free consultation today and see what we can do for you.

7 Questions To Ask Your Personal Injury Attorney

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

Severe injuries are likely to come without warning. If you or someone you know is injured due to someone else’s fault, you might need clarification about how to proceed with a case and how to prepare. After getting immediate medical help, your next step should be speaking with an experienced Personal Injury Attorney. Do this before you speak with anyone else.

During that first meeting with an attorney, you probably have questions. But here are seven others you should ask:

Have you handled cases similar to mine? What were the outcomes?

Photo by Tim Gouw from Pexels

It is essential to know that your attorney has handled similar cases in the past and ask how many. The more experience your attorney has, the better your chances of receiving rightful compensation. Don’t be shy about asking how those cases turned out, either.

How often will you communicate with me?

Communication is key to a successful personal injury case. Your attorney should let you know exactly where they are in your case so you can prepare for the next step. Don’t be afraid to contact them if you have questions.

How can I be involved in my case?

Make sure you meet or speak with your attorney at least once a week. Also, ensure you deliver all necessary documentation or bills related to the accident. Notify your attorney if insurance companies, doctors, or associates ask you questions regarding your case. Getting caught off guard can lead to case disruptions.

How will I be paying for your services?

Every case is different and may result in fixed fees and contingency fees. The fixed fee amount is determined by the tasks associated with your case. The contingency fee is based on the result of your case,

so you don’t have to pay until your case is a success.

What if I need help with creditors?

Unfortunately, it is not uncommon for financial disruption to occur. Report to your creditors as soon as possible to let me know of your accident. Your attorney should be willing to contact your creditors if you need them to do so.

Is there anything I can do to help make sure that I get fair compensation?

Getting fair compensation from an insurance company takes work, and it is imperative that you talk with your attorney about what you can do to make sure that you receive fair compensation. Often insurance companies want to see evidence that you have followed the advice of your doctors and any restrictions. Talk to your attorney about how you can help ensure you get the compensation you deserve by getting the treatment you need.

When can we settle my case?

Every case is different; however, most cases follow a similar pattern:  you get injured, you receive medical treatment, you get better, and you get released from your doctor. Since insurance companies only pay you one time in one lump sum to settle your case, it is essential that you get all the medical treatment you need before settling your case. Talk to your attorney about what your attorney is looking for to trigger settling your case so you will know what to expect.

Your list of questions should not be limited to this list. Every case is unique, calling for unique decisions to be made. If you are a victim of an accidental injury, the attorneys at Kelly & West can get you the compensation you deserve. Schedule a free consultation today and see what we can do for you.

 

What You Should Know About Premises Liability

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

what-you-should-know-about-premises-liabilityAny person, business, or government body that owns, manages, or otherwise controls property, whether a commercial or residential, public or private, indoor or outdoor location, must exercise reasonable care in managing and maintaining that property.  Failure to do so may result in “premises liability.”

What is a “Premises Liability” Case?

A premises liability case is a civil action (a lawsuit) to recover damages (monetary compensation) for personal injuries caused by an unsafe or defective condition on someone else’s property, the “premises.”  

The plaintiff in the case is a “lawful visitor” to the premises.  They might be a traveler staying in a motel, a shopper in a grocery store or mall, a guest in the home of a friend, a delivery man carrying a package to an upstairs apartment, or a picnicker in a municipal park; basically, anyone who is on the premises other than a trespasser.  The defendant is the owner and another person, business, or entity in actual control of the area where the unsafe or defective condition is located.

The unsafe or defective condition can be almost anything.  Some common examples are:

  •   Accumulated water or ice 
  •   Falling merchandise
  •   Loose carpeting or exposed carpet edges
  •   Defective furniture, appliances, or fixtures
  •   Inadequate lighting or signage
  •   Absence of proper handrails
  •   Uneven steps
  •   Littered or cluttered aisles or walkways
  •   Elevator malfunctions

What Must Plaintiff Prove in a Premises Liability Case?

In a premises liability case, the plaintiff must prove that it is more likely than not that the defendant’s negligence in managing and maintaining the premises was a substantial factor in the plaintiff’s injuries.  They attempt to do this by presenting evidence that the defendant knew or should have known about the condition and the risks of damage and then failed to repair or otherwise eliminate it.  Or, if such repair or elimination was impossible or would take the defendant some time, the defendant failed to warn the plaintiff and others of the condition adequately.

What are the Defenses in a Premises Liability Case?

The defendant will often attempt to prove that they did not know or have any reason to know about the condition.  Or that the situation was, at most, only a “trivial defect” that could not have been reasonably expected to cause injuries to visitors.

The defendant often argues that it was partly the plaintiff’s own “contributory negligence” that caused their injuries. Therefore, under North Carolina law, the plaintiff cannot recover any damages.  The alleged contributory negligence might be, for instance, that the condition was “open and obvious,” and no warning was necessary or, similarly, that plaintiff failed to keep a reasonable lookout and could have avoided the condition.

What Types of Damages are Recoverable? 

As in an auto accident case or any other personal injury action, a successful plaintiff in a premises liability case can recover monetary compensation for:

  •   Medical bills 
  •   Pain and suffering 
  •   Emotional distress 
  •   Travel and out-of-pocket expenses 
  •   Loss of income 

Travel and other expenses, medical bills, and loss of income are relatively easy to calculate, and generally, there isn’t much back-and-forth about them.  However, calculating damages for pain and suffering and emotional distress is more challenging. 

If you or a loved one is injured because of any unsafe or defective condition on anyone else’s property and have any questions regarding a possible premises liability case,  contact the attorneys at Kelly & West today.

What Your Insurance Agent May Not Be Telling You About Your Uninsured & Underinsured Motorist Policy

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

What happens if you are injured in an auto accident, but the other driver, who caused the accident, doesn’t have enough liability coverage — or any auto insurance— and can’t pay for your injuries?  You are not out of luck: your insurance company should help you.  When your uninsured/underinsured motorist coverage applies and should help compensate you for your injuries.

what-your-insurance-agent-may-not-be-telling-you-about-our-uninsured-&-underinsured-motorist-policy

What is Uninsured Motorist (UM) Coverage?

An uninsured motorist (UM) policy provides that you and your passengers will receive compensation for injuries caused by a negligent, uninsured driver.  It is found to some degree in most U.S. automobile insurance policies.  UM, coverage is generally mandated by statute, up to $30,000 per person and $60,000 per accident for any bodily injury or property damage coverage policy.   It will pay for your injuries if the other driver is uninsured and legally responsible for the accident.

What is Underinsured Motorist (UIM) Coverage?

An underinsured motorist (UIM) policy provides that a covered person will receive compensation due to an injury caused by a negligent, underinsured driver.  UIM coverage will apply and provide additional payment if the responsible driver has liability coverage but not enough to compensate for your bills associated with such injuries.

Why is it important?

In the case of an accident, you and your passengers need to be protected against the negligent motorist.  North Carolina requires that all drivers carry uninsured (UM) coverage only and then only up to $30,000 per person, $60,000 per accident.  So while you have at least some protection, this is often not nearly enough coverage.  We recommend that you have $1 million of UM/UIM coverage on your policy to protect you and anyone riding with you.

What does UM/UIM coverage pay for?

You can benefit from your UM/UIM policy and receive compensation for such things as the following:

  • Medical bills
  • Lost wages
  • Pain and suffering

Who qualifies as a UM/UIM?

The negligent driver may be considered an “uninsured motorist” if they do not have liability coverage or have not been paying their premiums, and therefore, their policy has lapsed.  The negligent driver may be considered an “underinsured motorist” if they don’t have enough liability coverage to compensate for your or your passengers’ injuries.

How does your UM/UIM coverage work?

Say you are in an accident and your leg is broken.  Your medical bills alone are $40,000, and the driver at fault is an uninsured or underinsured motorist.   You will need to file a claim under the UM/UIM section of your policy to receive compensation.  Your insurance company will be responsible for paying for your injuries, up to the amount of your UM/UIM coverage.  The amount of UM/UIM coverage varies, which means your insurance company may not pay for the whole lump sum.  In North Carolina, UM/UIM coverage generally comes in the following amounts, but the amount offered may differ depending on the insurance company providing range:

  • 30/60 – $30,000 per person/ $60,000 per accident
  • 50/100 – $50,000 per person/$100,000 per accident
  • 100/300 – $100,000 per person/$300,000 per accident
  • 250/500 – $250,000 per person/$500,000 per accident
  • $1 million – $1,000,000 per person or accident

If your policy provides 30/60 coverage in the above scenario, you would only be compensated for $30,000 and left with a debt of $10,000 that you may have to pay yourself.  We advise that you carry $1 million of UM/UIM coverage to ensure as much protection as possible for yourself and your family.   You will be surprised how little $1 million of UM/UIM coverage costs, especially when compared to the benefit of having this amount of protection should you need it.

If you have questions about what is best for you and your family, do not hesitate to contact us.  Being injured and worried about your medical bills and lost wages can be a headache.  We may be able to help you receive just compensation from your insurance company or give you advice about what to do next in your case.  Call or visit our website today for a free consultation, and let Kelly & West protect you.

 

Legal Terms: A Personal Injury Glossary

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

personal injury terms

Legal terms can be confusing, especially when you’re in the middle of a personal injury case.  You shouldn’t have to go to law school to know what we are talking about, so we created your very own Personal Injury (PI) Glossary.  This list should help you get familiar with some words you may hear during your PI case.  For more general legal terms, read 7 Common Legal Terms Explained.

Accident Report – A detailed, formal recording of an event documented from the scene of an accident by an authority figure, such as a police officer.

Alternative Dispute Resolution – The use of methods other than litigation to resolve a legal dispute, such as arbitration and mediation.  See arbitration and mediation.

Arbitration – The hearing and settlement of a legal dispute by a neutral third-party whose decision will usually be final.

Assignment of Benefits – A transfer of benefits provided by an insurance policy to a party other than the insured.

Assumption of Risk – When a person voluntarily and knowingly exposes himself or herself to the possibility of injury.

Bodily Injury – Any damage to a person’s body, i.e. broken bones, bruises, burns, cuts, nerve damage, etc.

Burden of Proof – The plaintiff’s obligation to prove that his or her allegations are true.

Causation – The act of making something happen.

Claim – A civil action relating to the physical or mental harm suffered by the plaintiff due to the negligence of the defendant.

Compensation – Something that makes up for a loss, usually of monetary value.

Damages – Payment recovered in a case for injuries or losses caused by another person’s negligence.

Duty – An obligation to use the standard of care for the safety of others that a reasonable person in the same circumstances would use.

Expert Witness – A person who is allowed to testify at a trial because of special knowledge in a particular field that is relevant to the case.

Fault – An intentional or negligent failure to act reasonably, according to law, or according to duty.

Fraud – A blatantly false statement of fact intended to persuade another person to give up something valuable or a legal right to which he or she is entitled.

Good Faith – Honest intent to fulfill a promise to act or to act without taking an unfair advantage of another person.

Gross Negligence – A conscious disregard of the need to use reasonable care, which is likely to cause foreseeable injury or harm to persons, property, or both.

Hazard – A condition that increases the probability of damage or injury.

Insured – The individual covered by insurance.

Insurer – The company that provides coverage through an insurance policy.

Liability – An obligation one is legally bound to perform.

Limitation of Risk – The maximum amount an insurer is obligated to pay in any one loss event.

Loss – The monetary value assigned to an injury or damage in a personal injury claim.

Mediation – A non-binding method of resolving a case in which a neutral third party, agreed upon by both parties, attempts to help them reach a mutually agreeable settlement.

Negotiation – To arrange or settle by discussion and mutual agreement.

Notice to Insurer – A written notice to an insurance company about an incident upon which a claim is based.

Occupational Disease – An illness caused by long-term employment in a particular line of work.

Personal Injury – The area of law which covers all physical, financial, and emotional injuries caused by another’s negligence.  For more information on PI, read How To Handle A Personal Injury Claim.

Prognosis – The anticipated chance of recovering from an injury, based upon the symptoms and nature of the particular case.

Proximate Cause – The primary reason why an injury or damage occurred and without which the accident would not have happened.

Statute of Limitations – A law that determines the period of time that someone has to file a legal action, usually beginning when the injury or damage occurs.

Strict Liability – A legal doctrine that holds a defendant liable for harm caused by their actions regardless of their level of care.

Tort – A civil or private wrong committed against a person or property that results in legal liability.

Underinsured Motorist Coverage (UM) – An auto insurance policy provision that extends coverage to injuries and property damage caused by a motorist without enough insurance coverage.

Uninsured Motorist Coverage (UIM) – An addition to a standard auto insurance policy that provides coverage in the event the other driver is both at fault for the accident and is not insured.  For more information on UM and UIM, read What Your Insurance Agent May Not Be Telling You About Your UM/UIM Policy.

Workers’ Compensation – Employer insurance providing medical coverage as well as compensation to employees for economic losses due to a job-related injury or illness.  For more information on workers’ comp, read How Do I Get Workers’ Compensation?

Wrongful Death – A claim made on behalf of the survivors or beneficiaries of a person who has died as the result of wrongful conduct, either negligent or intentional.

If you have any more questions regarding personal injury claims or any other legal work, contact the attorneys at Kelly & West today.

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.

What Is Pain and Suffering in a Personal Injury Case?

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

If you’re injured in a car accident, chances are the insurance companies involved will try to get you to settle for an amount of money. All you want is peace and recovery after such an ordeal; so you accept their offer.

However, over time you find yourself consulting and receiving treatment with doctors and specialists, still in pain from injuries you suffered long after the accident. You cannot work because of your long-term injuries, forcing you into a financial pitfall between covering the costs of living and the medical bills that are piling up.

This is why speaking to an attorney well versed in personal injury cases is essential. Having peace of mind knowing that someone is looking out for your best interest will ease the burdens of pain and suffering.

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Pain and Suffering Defined

The Legal Information Institute (LII) defines pain and suffering as physical discomfort and emotional distress compensating for noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma accompanying an injury. Bearing that in mind, it is imperative to understand the types of damages and what damages are legal, beginning with what damages are. Some examples of damages that frequent a personal injury case include:

  • Medical Bills
  • Pain and Suffering
  • Emotional Distress
  • Travel/Out-of-pocket expenses
  • Loss of work/income

These examples fit under three distinct categories of personal injury listed below:

  • Compensatory – Compensation/money personally received for involvement in or injury resulting from an accident caused by negligence (legally defined as a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances). Even if another person caused the accident, the negligent party pays damages.
  • Nominal – Most often received when the plaintiff has proven to have suffered minimal harm due to another person. While you may receive minimal compensation for such damages, courts will have a record that misconduct occurred despite the lack of serious injury, illness, or economic loss due to harm.
  • Punitive – Frequently received when a plaintiff received severe injury or illness due to malicious or negligent behavior intentionally caused by the defendant. The amount awarded by the court may vary on a case-by-case basis.

At Kelly & West we can help you understand your rights to compensation if you’re injured in an accident. Whether it’s an auto accident or an accident on the job, we have nearly 40 years of experience to help. Contact us for a free consultation.

How Do I Pay Medical Expenses During a Personal Injury Case?

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

If you’ve been involved in an accident that was not your fault, you are a strong candidate to file a personal injury case to receive proper compensation. Personal injury lawyers not only help people with workers’ compensation claims but insurance claims as well. And making a simple mistake could cost you time and money that you don’t necessarily have. 

Personal injury cases can take months, and sometimes years. Your first concern might be how you can pay your medical bills until your case is resolved. Fortunately, you have options.

people typing and doing paperwork

Insurance 

For those of you with insurance, some policies offer medical payment coverage that may apply to you. However, every insurance policy is different so it is important to investigate thoroughly. As personal injury attorneys, it’s our job to guide you through this process and determine if your insurance policy offers the coverage you need.

Should I File a Claim?

Generally, it is a good idea to file for Medical Payments Coverage, especially since this is a coverage that you or someone else pays to have.  However, it has become increasingly difficult to file for medical payments coverage and the insurance companies often require very specific documentation.  Also, often insurance companies want to pay your medical expenses versus paying the money to you.  Having an experienced attorney can help with this process and help ensure that you collect as much of the money as you can.  

How Should I Pay for Medical Expenses?

Of course, the reasoning for filing a personal injury claim is to receive compensation for injury and medical bills. In an ideal world, you’ll be able to pay for your bills until you receive compensation. But we know that isn’t the case for everyone and often medical providers don’t get paid until you get paid.  Even so, one option for payment is to file your health insurance and then let the health insurance company pay for those expenses; however, doing this may decrease the value of your claim so it is important that you consult an experienced attorney to discuss your options.  

If you think you may need to file a personal injury claim, talk to us. Our experienced attorneys are here to guide you in the process and help you through every step of the way.

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.

Cycling and the Law: More Bicyclists Lead to Higher Injury Rates

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

While bicycling is a great way to get fit and save money on gas, it does not come without risk. IIHS states that bicycle accidents have increased 36 percent since reaching their lowest point in 2010. This rise in biking accidents is most likely due to the fact that more American adults are now bicycling, as indicated in this bicycle trend research by John Pucher.

In a comparison of data from years 1998 and 1999 to 2012 and 2013, the U.S. Consumer Product Safety Commission found that bike injuries occurring in people over the age of 45 increased from 23% to 42%. Hospitalizations of this age group caused by bike injuries increased from 39% to 65%. The study also found that a majority of these injuries were sustained by men.

 As a bicyclist, obeying these traffic laws may protect you from an accident:

  • A helmet must be worn by bicyclists under the age of 16.
  • Cyclists must travel in the right lane, except when preparing for a left turn or passing another vehicle.
  • Bikes are considered vehicles; therefore, you may not bicycle under the influence of drugs or alcohol.
  • You must yield to traffic in the intersection.
  • You must signal an intention to turn.
  • If the lane is wide enough to share with another vehicle, ride 3 feet to the right of traffic; if the lane is not wide enough to share, you may “take the lane” by riding in the middle.

In the event of an accident, a bicyclist’s claim for personal injuries may raise questions about who was actually at fault. Considerations include:

  • Who had the right-of-way?
  • Was the bicyclist making a proper turn?
  • What were the weather and lighting conditions like on the day of the accident?
  • Were the vehicle’s headlights on?
  • How fast was the vehicle traveling?

If you or your child are injured in a bicycle accident, an experienced Kelly & West attorney can assist you in pursuing your claim for any injuries or losses, including medical bills, lost wages, emotional and physical pain and suffering, and permanent injury. It’s critical that you speak to your attorney first, before communicating with the other party.

We will address these injuries and handle your case or your child’s case in a professional and aggressive manner keeping you informed of progress along the way to reach a result in which you are satisfied. In order to protect your claim, you should seek immediate medical attention after the accident and always speak to an attorney before giving any recorded or written statements.

To discuss your bicycle accident personal injury claim call us at 910-893-8183 or fill out our online contact form to schedule a consultation.

Personal Injury vs. Property Damage: What You Need to Know

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

After an accident, there are a lot of questions to answer to ensure that you, and your property, are both cared for and protected properly. The best person to answer those questions is your attorney. But what if you reach out and they tell you they don’t handle property damage claims? Or will only handle them in conjunction with a personal injury claim?

Here is what you need to know about both claim types to be prepared to ask the right questions.

Property Damage

A property damage claim typically involves physical damage to tangible property – something that can be touched or felt. This could be something as small as a computer monitor, or as large as a car or building. Property damage claims can also involve financial injury – not to be confused with personal injury – to the person making the claim. This is an additional loss incurred as a result of the damage done to the property.

Property damage claims are designed to cover the cost of the damage to your property. Damages – or compensation – typically sought include: car repair or replacement, towing expenses, rental car expenses, damage to personal items inside the car, and damage to other property caused by the accident.

Personal Injury

Personal injury is the term for injury to a person – although it is not limited to bodily injury. Personal injury lawsuits typically cover three key problems that can appear following an accident:

  • Actual bodily harm
  • Pain and suffering
  • Emotional distress

While bodily harm is a fairly easy concept to understand, the others can get a bit tricky. Attorneys tend to recommend their clients work with mental health professionals to document pain and suffering or emotional distress following an accident. These claims can also cover a wide range of circumstances outside of an accident – for example, defamation or threats of harm.

In these cases, your attorney may seek damages for your current and future medical expenses, lost wages, and permanent injuries (to name a few).

When in doubt about the type of claim you have, and what damages you may be entitled to, contact your neighborhood personal injury professionals at Kelly & West. We offer free consultations and can help get you back on track after any kind of accident.

5 Things the Workers’ Compensation Insurance Company Doesn’t Want You to Know

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

If you’ve been injured on the job, you may be filing a workers’ compensation claim. But, insurance companies won’t give you all of the facts upfront. Before you file your claim, there are some important things to make note of. Here are 5 things the workers’ compensation insurance company doesn’t want you to know. 

  1. Once you notify the workers’ compensation insurance company in writing of your accident by filing your Notice of Accident (Form 18), the insurance company has 30 days to accept the claim, deny the claim, or request more time to investigate. 

Immediately following an accident at work, you should file your Notice of Accident (Form 18). Do so within 30 days.

construction worker carrying pipe
Photo by Yury Kim from Pexels

Next, the insurance company should notify you in writing of their decision as to whether to accept your claim. They will do this by filing one of these forms: 

  1. Employer’s Admission of Employee’s Right to Compensation – Form 60
  2. Denial of Workers’ Compensation Claim — Form 61
  3. Notice to Employee of Payment of Compensation without Prejudice or Payment of Medical Compensation without Prejudice – Form 63. 

If 30 days pass from your written notification and your Notice of Accident’s filing, and you have not received a response from the insurance company, contact an experienced attorney. An experienced attorney can protect you and get you the help you deserve.

  1. You have the right to an Independent Medical Examination (I.M.E.) at any point. 

The law says the insurance company has a right to direct your medical treatment. This means they decide who your doctor will be. However, suppose you are not satisfied with what their doctor is telling you and your treatment course. In that case, you have the right to request an I.M.E. To get this I.M.E., you should request a doctor in writing from the insurance company adjuster or defense attorney.

If you and the adjuster agree, you will be allowed to see the doctor you choose. If the insurance company does not agree with your choice, then the adjuster may suggest other doctors. Suppose you and the insurance company cannot agree about a particular doctor. In that case, the Court may force the insurance company to provide the I.M.E. with the doctor of your choosing, or the Court may choose a different doctor for you to see.

  1. The insurance company and your employer must provide you with your wage information to verify you are receiving the correct disability pay.

If you continue to meet your burden of proving that you are disabled because of your work injuries, the insurance company will issue you a check each week. Once the insurance company accepts your claim as compensable and begins paying this check, it should be two-thirds (2/3) of your “average weekly wage,” which is an average of what you made each week while working for the past 52 weeks before your injury. 

The formula assumes you worked for your employer for 52 weeks (one year) before the date you were injured. If you worked for the company for less than 52 weeks, then the calculation is more complicated, and you should seek legal advice.

Your employer is required to fill out a Wage Chart (Form 22) that indicates the number of days you worked each month and the total monthly pay. By using this chart, you can verify that you receive the correct amount each week and that the insurance company is not short-changing you.

  1. Your employer cannot legally fire you because you have filed a workers’ compensation claim.

Termination is retaliatory discrimination, and some laws protect you against this. However, this is very difficult to prove because North Carolina’s laws provide that any employee is an employee at will and can usually be hired or fired by an employer “at-will” and with or without cause. Therefore, if you suspect you will be fired because you are unable to work due to your work injury, you should consult an experienced attorney who can protect you and advise you of your rights.

  1. Hiring an attorney could cost the insurance company thousands of dollars.

Workers’ Compensation laws are very complex and are written to favor your employer and the insurance company. Of course, the insurance company doesn’t want you to hire a lawyer because you are ignorant of the benefits without one. For example, you have the right to mileage reimbursement for doctor’s appointments.

Knowing the laws that protect you is crucial, especially if your injury is permanent and you cannot return to work. An experienced attorney can help you get the help you and your family deserve and make sure you don’t miss any benefits that will provide for you during your disability and beyond.

Don’t give up your rights when it comes to workers’ compensation. Contact us today for a free consultation.

5 Things You Need to Know About Workers’ Compensation

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

Accidents happen every day. Do you know the proper steps to take when it happens in your workplace?

Some jobs pose no immediate hazards, but accidents can happen in any environment. From emergency personnel to work in a candy store, if you are injured or fall ill from a covered illness at your workplace due to work-related activities, you may be eligible for workers’ compensation. Workers’ compensation is insurance that employers buy to cover medical bills. It can even reimburse you for missed days of work.

Worst-case scenario: You end up in the hospital, and your bills start to pile up. You can’t afford to make your payments on time, and you are unable to work. What do you do?

Here are a few tips to consider if you experience an accident in the workplace.

1) Each state has different regulations that they have to follow regarding worker’s compensation. It is imperative that you research how your state regulates workers’ compensation. The following covers North Carolina laws:

  • You are eligible for workers’ compensation if you are injured or fall ill from a covered illness during your employment.
  • A physician must take you out of work for you to receive lost wages.
  • You must incur the first seven days out of work on your own, without payment from the workers’ compensation insurance company; however, if you miss more than 21 days, the insurance company should reimburse you for the first seven days.
  • You must fill out forms within 30 days of the accident, stating that you had an accident or a covered illness and that you are claiming workers’ compensation benefits. This form is known as Form 18 and is available online at www.ic.nc.gov.

2) You must report the accident immediately. Your employer should have a trained HR department that handles these situations. Communicating the accident immediately to the appropriate supervisors can increase your chances of receiving workers’ compensation benefits. Paperwork needs to be filed, and procedures need to occur, so do not waste your time. Also, communicate with your doctor about the incident. Doing so will help you receive the benefits you deserve.

3) Will your accident Qualify? You may be questioning whether or not your accident qualifies for workers’ compensation. Here are a few examples of eligible injuries that may surprise you:

  • Pre-existing conditions worsened by work-related activity
  • Hearing loss from working in loud environments
  • Illnesses from various chemicals
  • Disfigurement and scarring due to burns or cuts

4) There is usually drug screening performed by your employer if you are trying to receive workers’ compensation benefits. If you fail these tests, you will be responsible for all of your medical bills and will not receive any benefits. Hurting yourself on the job while being impaired will forfeit your ability to be eligible.

5) Attorneys can help! Invest in an attorney, and they can help you get the benefits you deserve. Attorneys are trained to handle these kinds of situations, so their clients don’t have to. Insurance companies are not going to want to pay more than they have to. Let attorneys of law help you get back on your feet and live your life again.

More questions? Contact our attorneys to schedule a FREE, no-obligation consultation.

9 Reasons Why You Should Speak to a Personal Injury Attorney First

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

Speaking to an attorney after an injury is crucial. We can help you deal with insurance companies, workers’ compensation, and filing claims against someone who injured you. Don’t put yourself in a situation where you are losing credibility in your case. Making the simplest of mistakes could hurt you in the long run.

Here are nine reasons why you should speak to a personal injury attorney before taking action:

1) Personal injury attorneys are experienced with all sorts of cases. We can save you time and money by letting you know whether you have a legitimate claim.

2) With the number of laws and regulations around the subject matter, you may hurt your case by saying or doing something wrong without even realizing it.

3) Paperwork, legal procedures, and bills can be too confusing — especially after being injured. We will simplify the process, so you don’t have to worry about making any mistakes.

4) You may be entitled to more benefits than you know. We will make sure that you know about any benefits for which you are eligible.

5) Insurance companies are not looking to give free handouts; they’re looking for evidence to prove that they don’t owe you anything. It is becoming more common for insurance companies to deny or reduce medical bills and therefore reduce the overall value of the case.  We can take steps to help prevent this from happening.

6) Injuries that are not physical are more challenging to prove. Our attorneys will help you in your case if you have suffered from psychiatric or emotional injury.

7) Let us handle the other attorneys and adjusters involved. The defense attorney or adjuster will take any mistakes you have made and use them to weaken your credibility, and your case.

8) You may accidentally give out more information than required, which could harm your case.

9) An attorney may also record any statements you make and make sure the insurance company treats you fairly and asks proper questions if they do have questions for you.  This can prevent you from being misquoted later, especially should your case proceed to trial.

Know your rights. You are permitted by law to have an attorney on your side. Don’t be left to fend for yourself. We will work to protect you from confusing tactics and procedures while having your best interest in mind.

Having an attorney on your side will provide you with confidence during your case and leave you with less worry during a time of vulnerability. Contact the Kelly & West team today to schedule a consultation.

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.

Why Should You Work With a Personal Injury Lawyer?

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

Did you know that 700,000 personal injury cases are filed per year? If you have been involved in an accident at the hands of another, you might be wondering what you should do — and whether you can or should get help from a Lillington lawyer. 

The first step is to determine if the accident falls into the personal injury category. In most personal injury cases, a physical injury has occurred, but not all. You can still file a personal injury claim if you have suffered a non-physical loss. 

Let’s go over some of the common incidents where you might need a personal injury lawyer. 

How Can We Help?

Generally, we can assist with personal injury cases that include accidents involving alcohol, as well as bicycle, automobile, or truck accidents. We help people with dog bites, head injuries, hit and runs, medical malpractice, negligence, nursing home injuries, pedestrian accidents, slip, trip, and fall accidents, and under/uninsured motorist claims. You can read about the types of accidents we cover at Kelly & West here.

motorcycle
Photo by Kelly Lacy from Pexels

So, Why Should I Hire a Personal Injury Lawyer?

Many people feel weird about filing a lawsuit after an accident. But rest assured, 98% of cases settle out of court without a lawsuit having to be filed. Also, most accidents cost you money. Those costs might be medical bills, even if you have insurance. The accident might mean paying higher premiums or missing work hours, shorting your paycheck. If the accident is someone else’s fault, it makes sense that he or she or his or her insurance company should pay those costs, not you.

You might think you can work it out on your own. But your case might be more complicated than you think. A personal injury claim can be overwhelming, and we are here to break everything down and inform you about every step. We take pride in making sure you are kept informed and updating you on the status of your case. 

Benefits of Hiring a Personal Injury Lawyer 

  • Fair Compensation – The insurance company’s compensation might not be as fair as you think. A personal injury lawyer can break down the case and offer expertise. Your personal injury lawyer will know what your claim is worth and will be able to advocate for fair compensation in your case.
  • Time/Energy Saver – When you hire a personal injury lawyer, they are responsible for keeping up with all of the documents involved, including medical records and reports. Organization is of high importance at Kelly & West, and we will be sure to keep everything in order. We will also communicate with adjusters, so you don’t have to.
  • Representation in Court – If it’s necessary to file a lawsuit to resolve the case, a personal injury lawyer will represent you in court and take care of all legal proceedings. 
  • They can communicate updates and explain what is taking place inside the courtroom. We work diligently to offer frequent updates and do anything we can to make this process easier.

Our attorneys at Kelly & West are motivated to help our clients. It is our priority to make this process as smooth as possible. If you have been involved in an accident at the fault of another, please contact us today for a free consultation. 

Dog Bites: How to Prevent Them and Steps to Take if You get One

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

Spring is on its way! This means warmer weather and people spend more time outside going on walks, heading to parks and riding bikes. Everyone seems to be out and about, often bringing their kids and dogs with them. One drawback of this situation is the number of dog bites that occur each year, especially around springtime.

According to the Centers for Disease and Control, “Approximately 4.7 million dog bites occur in the United States each year, and 800,000 of those bites result in medical care.”

We have compiled some information about what to do after being bitten by a dog and prevention methods for the future.

Steps to Take After Being Bitten by a Dog

  • Talk with the Owner – Immediately after an incident, discuss with the owner as to whether they have homeowner’s insurance or animal liability insurance. This information is important to start a case. Any information the owner can give you about the dog’s medical records or history will be helpful.
  • Document the Situation – Take photos of the setting, the dog and the actual bite prior to leaving the scene. Write down all information valid to the dog bite situation, possibly consulting others who were there during the incident. This is very helpful if you are to pursue a case.
  • Medical Assistance – Even if the bite seems minor, it is best to visit a healthcare provider after an incident. You may not be aware of possible diseases contracted from a dog. A healthcare provider will be able to fully clean the wound and give other treatments if necessary.

How to Prevent a Dog Bite

Ask Permission – It can be easy to see and dog and immediately want to run up and pet it. Prior to interacting with any dog, ask permission from the owner for the safety of everyone.

Do Not Disturb – If a dog is in the middle of another activity, refrain from interacting with the dog. Some dogs do not like to be disturbed while they are eating, drinking or sleeping.

Keep Moving – Often, dogs are tied up and left unattended while their owner is in a shop or restaurant. It is best to not interact with them, no matter how kind the dog seems.

Although every situation is not 100% preventable, following these methods will decrease your likelihood of getting bit by man’s best friend.

Two Truths and a Lie:

✘ Pitbulls and German Shepherds are the only dogs that are involved in dog bite accidents. This is a myth.

✔ All dogs are capable of biting, even well-trained dogs.

✔ Dog bites can be dangerous, seek medical assistance after an incident.

We hope these questions and answers gave you a better idea of what you should do after being bitten by a dog. As you spend more time outside in the spring, keep these preventative methods in mind in order to be able to fully enjoy the season.

Contact us today if you have more questions about a dog bite situation!

5 Common Mistakes to Avoid if You’re in an Accident

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

If you’re in an accident, bitten by a dog, slip and fall at the store, or get hurt in some other way, that’s what lawyers call a personal injury. After this happens, your first thought is (of course), “Am I OK?” After all, you’re hurt, and you may even need medical attention.

But if at all possible, there are a few other things to keep in mind for later — especially if your accident is caused by someone else. Personal injury cases are challenging for Harnett County residents because most of the time, you don’t want to be rude or make a fuss. But if someone else caused your accident and you need expensive medical care, we can help.

However, there are some things to keep in mind that can drastically change the outcome of your case. Avoid these common mistakes in personal injury cases:

Mistake No. 1: Failing to Document the Scene
Documenting the scene isn’t your first thought after an accident — and we don’t blame you! Most of us think about taking photos after a car accident, sure, but after any injury, take pictures. This evidence is critical because it will show the time, date, location, and circumstances. Take photos close up of injuries and where you are and stand back from the scene (if it’s safe) to take pictures from other angles. Photos of tire marks, location of vehicles, vehicle damage weather conditions, and even the lighting (or lack thereof) can help. If you slipped on the floor of a business, for example, you’d need photos showing lack of signage, the water or substance, and more.

Mistake No. 2: Saying Too Much
When you’re mad, it’s easy to want to tell everyone. But venting about the incident and saying too much can cause problems later, especially if you’re talking to the other person’s lawyer or insurance company. You might also say the wrong thing to the other people involved, family members, neighbors, or others who are nearby. These days, we’ve seen problems arise after people post on social media about their accident. Resist that urge to post! You may not realize at the time, but a skilled lawyer could use your words against you and flip the trajectory of your case.

Mistake No. 3: Skipping Medical Treatment Right After the Accident

Even if you believe your injuries don’t require a doctor’s care, you should immediately seek a medical evaluation by an orthopedic doctor and/or ER doctors — who are better suited to treat trauma than a family doctor. A doctor’s report connecting your injuries to the accident at hand is of the utmost importance in verifying the root cause of your injuries; their proper documentation can be used for your benefit in court.

Mistake No. 4: Admitting Fault

Generally speaking, it’s rarely a good idea to admit fault.  Especially since, as a part of contributory negligence law in North Carolina, if a person is even slightly or 1 percent at fault in causing their own injuries, they are restricted from getting any recovery (money, in most cases). This is why you should speak with a lawyer immediately after an accident and avoid talking with others about the accident until you speak with a lawyer.

Mistake No. 5: Not Calling the Police

After an accident, especially on a busy road, people don’t always want to call the police. They don’t want to add drama to their lives; they are in a hurry to be somewhere. But stop for a moment and call the police so you can get an official report for your personal injury case. The other person may first admit guilt but later claim it wasn’t his fault. (This happens all the time.) The police report will include details your lawyer can use about how the accident occurred and sometimes this information is critical in proving your case.

These are just a few common mistakes we see with personal injury cases. If you, or loved ones, are involved in an accident that is not your fault, don’t hesitate to call on the professionals at Kelly and West to assist you with your specific case.

 

 

How Can I Help My Personal Injury Case Succeed?

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

No matter the measures we take to avoid physical or emotional harm to our reputation or our bodies, the misfortune of personal injury is sometimes unavoidable.

If you’re concerned about whether you’re going to be fairly compensated for your injuries in a personal injury claim, make sure you pay attention to a few Do’s and Don’ts for the success of your case.

Do – Gather as much evidence as possible. Take pictures of your injuries and the accident scene and be sure to get contact information for any witnesses or anyone else who came on the scene.  

Don’t – Wait until later to seek critical information. The fresher and more recent the evidence you gather about your injury, the better. It will be challenging to go back and recall what happened after the fact. If you or a family member can’t get a police report and immediate photos of the incident, do so as soon as physically possible.

Do – Understand negligence. In many personal injury cases, one person can be at more fault than the other; it’s important you’re aware of the degree to which you may be responsible for your own injuries. The results of your case could depend on the laws of negligence and on contributory vs. comparative negligence, so make sure you understand the difference.

Don’t – Talk with the insurance company or give a statement until you seek legal advice.  Also, don’t assume the right to compensation based on being “less at fault.” Sometimes personal injury isn’t so straightforward. In some cases, being at all at fault can deny you any compensation. The more you understand about fault and how you may be at fault, the better equipped you are to deal with these issues in your case, before you talk with the insurance company.

Do – Research the full value of your claim. There are multiple types of damages you can sue for, and you should be aware of all of them. Your case doesn’t have to only revolve around one or two types of damages.

Don’t – Accept the first offer. The first offer is rarely ever the largest amount that the other party is willing to pay. 

Do – Listen to your doctor. Answer all questions honestly and adhere to the rules and recommendations given by your doctor following an accident.

Don’t – Steer away from your instructed treatment, as this could be used to suggest that your injuries are less severe or perhaps non-existent.

Do – Cooperate with your lawyer. As with your doctor, you must answer all of your lawyer’s questions truthfully as well.

Don’t – Hide information from your lawyer. You must fully disclose former injuries, medical history, criminal background, and other factors that could come up in your case.

Consider having Kelly & West on your side to maximize your claim with decades of experience and extensive knowledge in personal injury specifically.  The sooner you contact us, the more effective we can be. As stated above, it’s best not to wait. You can use live chat on our website or call us at 910-893-8183.

What to Do if You’re Hit by a Drunk Driver

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

Alcohol reduces the function of the brain. It impairs one’s thinking, decision making, and muscle coordination. Safely operating a vehicle requires quick thinking, sound reasoning, and solid decision making. It’s unwise to drive while under the influence, but what if you are sober and a drunk driver injures you? Thankfully, there is recourse in the form of a personal injury lawsuit.

Accidents involving alcohol often result in higher compensation for innocent victims. To have a valid personal injury claim, you must have suffered an injury to your body. The damage must also be someone else’s fault. However, it’s not always necessary to have a physical injury to bring a personal injury lawsuit. Lawsuits may be based on a variety of nonphysical losses and harms as well. Here’s what to do if you find yourself in an accident with someone who appears to be intoxicated.

First Steps To Take If You Were Hit By A Drunk Driver

Call the police and have the accident properly documented. The documentation is crucial for filing an insurance claim and lawsuit against the person who caused the crash. It is your civic duty to call the police so that the intoxicated person doesn’t get back behind the wheel. A police accident report is also a critical piece of evidence when it comes to seeking compensation for the damages and injuries that were sustained in the accident.

Collect as much information as possible from the scene of the accident. Take photographs of the accident scene, collect the at-fault driver’s insurance information and contact information, record potential witness accounts, and photograph any visible injuries you and your passengers have suffered.

Cooperate with police questioning; they will want to know exactly what happened and how the accident took place. It is of the utmost importance to provide an accurate account of what happened. Do not exaggerate, elaborate, or lie about what took place. Leave out any speculation and only offer facts to questions that you are asked. Lastly, if the police asked if you are injured, do not say no. You may be experiencing shock and adrenaline, which momentarily dulls your pain. It is okay to tell the police that you are unsure whether you are hurt or not.

Seek medical treatment immediately after leaving the scene of the accident or at the scene itself. Never refuse medical treatment because some injuries take hours or days to present themselves. Just because you do not immediately feel pain does not mean you are unharmed. A medical professional will be able to diagnose any injuries and treat them before they turn into a chronic pain condition. Seeking medical treatment is also another piece of critical evidence. A medical expert will be able to accurately document your status, which will make it easier to obtain the maximum amount of compensation during the settlement process.

Call Kelly & West for legal advice to seek the maximum amount of compensation for any injuries and damages that were caused as a result of the accident. Hiring a lawyer that only takes personal injury cases is crucial to get you the compensation you deserve. Your attorney at Kelly & West will conduct a thorough investigation using all the evidence available to be successful in your settlement case.

Fast Facts

  • BAC is measured with a breathalyzer, a device that measures the amount of alcohol in a driver’s breath, or by a blood test.
  • 29 people in the United States die in alcohol-impaired vehicle crashes every single day.
  • Drunk-driving crashes claim more than 10,000 lives per year.
  • 28% of all traffic-related deaths in the United States are a result of drunk drivers.
  • In 2010, the most recent year for which cost data is available, drunk-driving deaths and damages contributed to a cost of $44B per year.
  • In 2016, more than 1 million drivers were arrested for driving under the influence of alcohol or narcotics.

What to Know: The Effects of Alcohol

Alcohol is absorbed directly through the walls of one’s stomach and small intestine. From there, it passes into the bloodstream where it accumulates until the liver metabolizes it. Alcohol wreaks havoc on the central nervous system resulting in poor decision making and delayed reactions.

Alcohol is measured by weight in relation to the volume of blood, known as Blood Alchohol Concentration, or BAC. While the illegal BAC is .08 grams of alcohol per deciliter of blood, even a small amount can severely affect one’s driving. In fact, according to the Nation Highway Traffic Safety Administration in 2016 alone, there were 2,017 people killed in alcohol-related crashes where drivers had lower alcohol levels ranging from .01 to .07 g/dL.

As one’s BAC increases, so does impairment. With a couple of drinks, a drunk driver will experience a decline in visual function and the ability to multitask. With another drink, reduced coordination, ability to track moving objects, and the ability to respond to emergency situations also occur. With yet another drink, concentration strays, memory loss occurs, speed control is reduced and the ability to maintain lane position and brake appropriately occur. The compounding effects of alcohol result in the complete inability to operate a vehicle responsibly.

Consequences For Impaired Drivers

Enforcement of driving while impaired has been a significant factor in reducing alcohol-impaired-driving deaths since the 1980s. If caught, drunk drivers may be charged with anything from a misdemeanor to a felony. If you are involved in an accident with an intoxicated driver, no matter how minor, it is important to report it. You are fulfilling your duty as a member of society by ensuring intoxicated drivers are penalized and removed from the road which hopefully results in fewer accidents in the future.

Possible Benefits Awarded For A Personal Injury Settlement

Hiring a personal injury lawyer helps ensure you get the maximum benefits of a personal injury settlement. Compensation for personal injury may include compensation for the following:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Death benefits

If you have been involved in an accident involving an intoxicated driver, you need experienced legal representation. At Kelly & West, we have over 30 years of experience representing clients in personal injury lawsuits and traffic accidents that involve drivers who are under the influence. You deserve to be compensated for your injuries, contact us.

The Top 5 Personal Injury Claims

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

Personal injury is a fancy way of saying you got hurt — and it’s something someone else caused or could have prevented. Accidents happen every single day, but if you get hurt in one, you may feel concerned or worried about paying for your medical bills or time you missed from work. That’s why people may choose to file a personal injury claim, a way of seeking monetary benefits for an injury caused by another person or company. 

personal injury termsIn 2017 alone, Nationwide insurance company paid $18.7 billion in claims to its members. Here are the top personal injury claims that affect most people:

Car Accidents

Yearly, there is estimated to be more than 6 million vehicle-related accidents in the United States. While this number is only increasing, drivers, pedestrians and bicyclists are in danger. Distractions such as smartphones, navigation systems or car-related functions might be the reason. Regardless, if you have been injured in an accident that was not your fault, you may be eligible for compensation. Make it a priority always to always visit a doctor after an accident, even if you feel fine. There are many cases where victims did not suffer physical injuries but sustained many internal injuries.

Slip and Fall

Slip and fall claims are a common personal injury claim. A slip and fall can occur anywhere, at work, home, in a restaurant. Elderly people are more likely to sustain a severe injury after a fall. Damage to the hip, head, back, and neck are very common. It may be difficult to prove a slip and fall claim. Contacting a lawyer after a slip and fall incident is crucial.

Product Liability

There is an average of 20,000 product liability claims that are filed in the United States each year alone. Many cases of product liability claims are defective toys, dangerous pet products, unsafe medical devices. Product liability typically has one of the highest average compensation values.

Workplace-Related Injuries

Have you fallen on the job? Work-related injuries are very common and can happen to anyone. Work-related injuries are often unreported due to fear of termination, but that means someone else may get hurt later in the same way. If you have been injured at work, report it immediately and contact a lawyer.

Medical Negligence

Medical negligence is another very commontype of personal injury claim. Medical negligence occurs when a healthcare provider doesn’t meet an adequate level of standard care required for a patient. This malpractice causes injury or harm as a result. There are many ways to prove medical negligence has occurred. Some examples are, failing to tell a patient of known risks, failure to diagnose, doctors negligence caused the injury and improper treatment was administered. Medical negligence is among one of the hardest and complex claims to prove and win; it requires many witnesses that must be willing to testify. However, that shouldn’t scare you off if you feel something wasn’t right with your medical care.

If you have questions about a personal injury, contact us for a free consultation.

Legal Question: What is Negligence?

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

When faced with a situation where you believe that you or a loved one has been a victim of negligence, you might be left with a lot of questions. Maybe it is unclear if the outcome was caused by chance or negligence. You might wonder what exactly the term “negligence” means and what specific behaviors might constitute grounds for a lawsuit. If you feel that negligence could have resulted in a negative, life-altering result for you or a loved one, we have answers to some of the questions you might have about filing a lawsuit.

What is Negligence?

Negligence refers to a person’s failure to follow a duty of conduct imposed by law. Every person is under a duty to use ordinary care to protect himself and others from injury. Ordinary care means that degree of care which a reasonable and prudent person would use under the same or similar circumstances to protect himself and others from injury. A person’s failure to use ordinary care is negligence.

What Constitutes Negligence?

There are four elements that must be present in a negligence case. First, the defendant must have owed a legal duty to the plaintiff. For example, an operator of a motor vehicle has the duty to use reasonable care in the operation of the motor vehicle and to obey all laws dealing with the operation of a motor vehicle. Thirdly, this breach of legal duty must cause the plaintiff to suffer an injury or suffer a damage. Finally, there must be proof that the defendant’s breach of legal duty was a direct cause of the plaintiff’s injury or damage.

What is Considered an Injury?

The injury component is a major part of proving negligence, so what exactly is considered an injury or damage? Obviously, bodily harm is a common outcome of negligence, but it is not the only thing that may be considered in a case. Even if you are not physically harmed, emotional harm might be taken into consideration if it was intentionally caused. In addition to bodily harm, property damage and economic damages such as loss of income will also constitute damages compensable by law.

If you believe that you or a loved one have been a victim of negligence, contact the law offices of Kelly & West to find out more.

 

Motorcycle Injury: Important Tips To Follow If It Happens To You

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

The sun is bright, flowers are blooming, birds are singing, and you’re hopping on your motorcycle. There is no better feeling than the new spring air rolling across your face as you cruise down the road. If you have a motorcycle, then it is no surprise that having a bike can be a lot of fun. This is true, but a harsh reality lies behind biking, concerning your personal safety and legal rights.

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Personal injury cases involving motorcycles need to have special attention. Unfortunately, juries tend to have a bias against motorcyclists.The defensive lawyer may try to say that you were:

  • Not wearing proper clothing
  • Speeding
  • Riding in the wrong part of the lane
  • Being reckless

It is important to recognize who was at fault in the accident. You may be liable under “contributory negligence” if you contributed in the accident in anyway. In this case, insurance companies will not want to compensate you for your injuries. Your case can turn messy, so it is always a good idea to have someone fighting for you.

Photo credit: Alan Vernon. via Visualhunt.com / CC BY-NC-SA
Photo credit: Alan Vernon. via Visualhunt.com / CC BY-NC-SA

Having a personal injury attorney experienced in motorcycle accidents can help you win your case. The defense will constantly shift blame towards you as a motorcyclist. Car and truck drivers receive sympathy because motorcycles are small in comparison to more common, larger vehicles.

And of course, be safe:

  • Always wear a helmet and proper safety gear. The reality is that riders without a helmet are 40% more likely to have a fatal head injury due to an accident. Eye wear, gloves,  padded clothing, long pants, and ankle-covering shoes are essential. These materials will help protect you from wind, debris, and injury. Wearing bright colors will also help you to be more noticeable to cars and trucks.
  • Always be aware of your surroundings on the road. You have to be a defensive driver. At a time of excessive GPS, mp3, and phone use: car and truck drivers have a tendency to keep their eyes OFF the road. It is more important than ever for bikers to always check his/her surroundings for traffic.
  • Know your vehicle. Do a general walk-around before riding your motorcycle. Check your brakes, tires, chains, and belts. Catching a problem before you ride could save your life.

Motorcycle accidents call for special considerations; protect your rights and make sure you are compensated for your injuries. We hope you have an enjoyable riding season!

9 Reasons Why You Should Speak to a Personal Injury Attorney First

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

Speaking to an attorney after an injury is crucial. We can help you deal with insurance companies, worker’s compensation, and filing claims against someone who hurt you. Don’t put yourself in a situation where you are losing credibility in your case. Making the simplest of mistakes could hurt you in the long run.

Here are 9 reasons why you should speak to a personal injury attorney before taking action:

Injury Lawyers San Luis Obispo1) Personal injury attorneys are experienced with all sorts of cases. We can save you time and money by letting you know whether or not you have a legitimate case.
2) With the number of laws and regulations around the subject matter, you may hurt your case by saying or doing something wrong without even realizing it.
3) Paperwork, legal procedures, and bills can be extremely confusing to someone especially after being injured. We will simplify the process for you so you don’t have to worry about making any mistakes.
4) You may be entitled to more benefits than you know. We will make sure that you are informed of any rewards for which you are eligible.
5) Insurance companies are not looking to give free handouts; they’re looking for evidence to prove that they don’t owe you anything. It is becoming more common for insurance companies to deny or reduce medical payments.
6) Injuries that are not physical are more difficult to prove. Our attorneys will help you in your case if you have suffered from psychiatric or emotional injury.
7) Let us handle the other attorneys involved. When looking for a claim, the defense attorney will take any mistakes that you have made and use them against you to weaken your credibility.
8) You may accidentally give out more information than what is required. This could have a negative impact on your case.
9) An attorney may also act as a witness to your statements. This can prevent your statement from being misquoted.

Know your rights. You are permitted by law to have an attorney on your side. Don’t be left to fend for yourself. We will work to protect you from confusing tactics and procedures while having your best interest in mind. Having an attorney on your side will provide you with confidence during your case and leave you with less worry during a time of vulnerability.