We often hear from prospective clients that they “aren’t the type to sue,” but they are meeting with us because they believe they have been wrongly injured by someone, and they’ll face financial harm if they don’t do something. That is really why you should speak to a personal injury lawyer – for assistance making up for the serious injuries and financial harm you have suffered due to someone’s negligence or recklessness.
After a car accident, a slip and fall or other types of accident that has caused you serious personal injuries, the attorneys at Younce, Vtipil, Baznik & Banks, P.A. can help you seek compensation for medical bills, lost wages, and more, including for your pain and suffering. It doesn’t always require a lawsuit.
Below we address some common myths and misconceptions about North Carolina personal injury claims. One thing we hope is clear is that your initial consultation with Younce, Vtipil, Baznik & Banks regarding personal injury is always free. Contact us now and we can answer your questions and outline how to proceed with a claim for compensation.
5 Top Myths About Personal Injury Cases in N.C.
1. It costs too much to hire a personal injury lawyer.
As personal injury lawyers, we handle cases on a contingency fee basis. This means our fees are contingent upon winning the case. If we do not win your case, we will not charge you a legal fee. All of this is in writing.
If we recover money for you – either by negotiating a settlement or winning a jury verdict – we will retain a pre-determined percentage as our legal fee and to pay expenses incurred to prepare your case such as ordering medical records, filing fees, or hiring court reporters).
When you hire Younce, Vtipil, Baznik & Banks, P.A. as your legal representatives, we will go over the contingency fee arrangement with you. A contingency fee allows you to obtain legal representation without paying money upfront.
2. Winning a personal injury claim is a way to get rich.
When we pursue a personal injury claim, we work to recover the maximum amount of compensation available for our client. But our guiding objective is to ensure that our client does not suffer lasting financial harm from the injuries someone else has caused.
A personal injury claim in North Carolina may allow you to recover compensation for:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering, including:
- Emotional distress
- Loss of enjoyment of life
Much of what is recovered in a claim goes to pay medical bills. Money for lost income is money our client would have earned had he or she not been injured.
The compensation available is often limited by the defendant’s insurance coverage limits. For example, the minimum auto insurance liability coverage in North Carolina pays up to $30,000 bodily injury for each person, $60,000 total bodily injury for all persons in an accident, and $25,000 for property damage.
When high-dollar settlements or jury awards make headlines, the plaintiff typically was young and suffered a permanent and fully disabling injury or has lost a loved one in a wrongful death accident. The highest jury verdicts often go mostly uncollected because the verdict amount is far above the liability insurance limits. No one gets rich off personal injury or wrongful death cases.
3. It would be a shame to ruin them or their business with a lawsuit over an accident.
Almost all personal injury claims are paid by insurance companies and not directly by the individual responsible for the accident. Insurance exists because accidents happen, and the costs of a serious accident cannot usually be paid out of pocket. This is why car owners in North Carolina and most other states are required to maintain a minimum amount of auto liability insurance. Businesses loans and mortgages usually require the borrower to have liability insurance.
Often a personal injury claim consists of conducting a preliminary investigation, gathering evidence such as medical records, medical bills, lost wage documentation, photos, etc., submitting a demand to the insurer, and negotiating a settlement acceptable to our client. Most people who cause accidents expect their insurer to do the right thing for someone injured through no fault of their own.
4. A lawsuit means I’ll have to go to court and live through it all again.
Most personal injury cases are settled through negotiations, without a trial. Very few cases go to trial because of the added time, expense and risk. Negotiating a settlement avoids the unpredictability of a trial outcome and allows our client to receive compensation sooner.
Cases go to trial when the facts are disputed and the insurer sees an opportunity to avoid a payout. But in most cases, what happened and who is at fault can be proven.
If we must take your case to trial, we will make sure you understand and are prepared for what is likely to happen every step of the way.
5. Winning a personal injury lawsuit is a sure thing.
The attorneys at Younce, Vtipil, Baznik & Banks, P.A. only pursue a case when we believe the injury claim is valid and supported by the evidence. But even so, there are no guarantees about the outcome. This is especially true if a case must go to trial, where North Carolina has strict rules for awarding compensation. We do not file a lawsuit unless we have consulted with you and obtained your permission first.
North Carolina personal injury law operates under what’s known as a “pure contributory negligence” doctrine, which is a strict standard. If the injured party is in any way at fault for their injury, they cannot recover compensation.
We investigate, weigh the facts, and move forward with demands to the insurer according to the evidence in your case.
Contact a Raleigh Personal Injury Attorney for Answers After an Accident
If you have suffered harm because of someone else’s negligence or recklessness, you deserve to be fully compensated for your losses. Younce, Vtipil, Baznik & Banks, P.A. will investigate to find out what happened and why. Our personal injury attorneys in Raleigh will fight for the compensation you are due. Contact us online or by phone for a free, no-obligation consultation and let us get started finding answers for you.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
