Wake County Automobile Accident Attorney | Car Collision Lawyer

February 21, 2012

From the initial shock to the subsequent pain and disability, automobile accidents are traumatic experiences. Trying to negotiate a fair settlement with the at-fault driver’s aggressive insurance adjuster only makes the experience more frustrating. The Wake County automobile accident attorneys of Maginnis Law can help you navigate through the personal injury claim process. Unless our clients request otherwise, we always first try to negotiate an out-of-court settlement on your behalf. However, if the insurance company takes a hard stance and refuses to offer your fair compensation, we will file suit and, if necessary, litigate your case all the way through trial. To speak now with one of our Wake County car accident lawyers, contact us at 919.480.8526 or 919.526.0450. You may also submit inquiries regarding your case via our contact page.

There are several advantages to retaining an automobile accident attorney when you have been injured due to the negligence of another party. One way in which an attorney can assist you is by advising as to the full extent of your damages. Insurance companies dealing with unrepresented claimants frequently state their opinion as to damages as though it were fact. They will often attempt to negotiate small recoveries based upon their own very self-interested view of how long a person should be in pain and receive medical treatment. Do not take their opinion as fact. Only you and your doctor know how long your treatment was necessary and how much pain you endured. Our lawyers will fight to recover damages for your full period of pain and disability and for all medical expenses associated with your automobile accident. We will also discuss with you other potential damages, including punitive damages, lost wages, loss of wage earning capacity, loss of enjoyment of life, etc.

The second major advantage to retaining counsel, particularly in larger cases, is the identification of sources of recovery. In the state of North Carolina, drivers must only carry insurance policies with $30,000.00 of liability insurance for a single injured party. In many cases, the injured parties medical bills alone will exceed this amount, and with lost wages and pain and suffering, they will be entitled to an amount well in excess of $30,000.00. If your damages are in excess of $30,000.00, we will work with you to try to determine every source from which you may recover, including, for example, underinsured motorist coverage.

The Wake County automobile accident attorneys of Maginnis Law offer free evaluations to prospective clients. We can usually start with a telephone consultation, and if you would like a follow up meeting, our lawyers will meet with you at our downtown Raleigh office. You will not first be filtered through support personnel as you might be at bigger personal injury firms.

Maginnis Law’s Wake County car accident lawyers handle all personal injury matters on a contingency basis. You do not pay any attorneys’ fees unless and until you make a recovery from the at-fault driver and/or his automobile insurance company. If you or a family member has been injured in an automobile accident anywhere in Wake County, including Interest 40, US Highway 64, or US Highway 1, call the Wake County attorneys of Maginnis Law at 919.480.8526 or 919.526.0450. You may also submit inquiries, including requests to be contacted, via our contact page.

Raleigh Automobile Accident Facial Scar Attorney | North Carolina Scar Lawyer

February 20, 2012

Personal injuries can take a number of forms: broken bones, traumatic brain injury, soft tissue damage, etc. All of these injuries have the capacity to cause a great deal of physical pain and suffering. Facial scarring is also a common personal injury sustained by persons involved in automobile and other accidents, but, maybe more so than others, it also causes a tremendous amount of emotional and mental pain and suffering. The daily reminder of the traumatic accident and social stigma associated with permanent facial scars can render them a heavy burden. You are entitled to fair compensation for both the physical and emotional suffering associated with your scarring. The Raleigh personal injury attorneys of Maginnis Law will aggressively represent your interests against the insurance company and seek to recover maximum damages for your scarring. To discuss your case and set up a free consultation, contact attorney Shawn Howard at 919.480.8526 or attorney Edward Maginnis at 919.526.0450.

A facial scar is essentially a mark left after a wound to the skin has occurred. The severity of the scar is partially based upon whether the injury is to the outer layer of the skin, the epidermis, or the thick layer of skin, the dermis. If the injury is only to the epidermis, the scar likely will not be as severe as if the injury occurs to the dermis. There are a number of ways to treat scars and other cosmetic injuries, including simpler methods such as ointments, creams, and gels and other more costly methods such as steroid injections and surgery. If you require cosmetic surgery, your health insurer may not cover the cost. In that case, it is important that you retain a North Carolina scar attorney to recover the cost of the treatment from the at-fault party or his or her insurer.

In the context of personal injury cases, scars are a common result of the following types of incidents:

(1) Dog bites and other animal attacks;

(2) Motorcycle, pedestrian, and bicycle accidents where the victim sustains road rash; and

(3) Automobile accidents.

Scarring and disfigurement because of an automobile accident most commonly occurs because of cuts caused by the glass from the windshield or window. Associate attorney Shawn Howard handled a particular case last year where the seat-belted client, who was a passenger in a family member’s vehicle, was catapulted out of her seat into the windshield. When the glass shattered, it caused deep cuts to her forehead and hairline which left permanent facial scars. Based upon projections of costs obtained from a cosmetic surgeon, the at-fault driver’s automobile insurance company agreed to pay the full limits of the driver’s insurance policy.

Maginnis Law offers free consultations and evaluations to all prospective personal injury clients. Our litigation attorneys regularly represent clients from in and around the Triangle Area, including: Raleigh, Cary, Durham, Chapel Hill, Apex, Morrisville, and Wake Forest. We are also able to represent clients in other Piedmont Area counties such as Cumberland, Lee, Nash, Wilson, Chatham, Moore, Hoke, Richmond, and Scotland.

Our lawyers handle all personal injury cases on a contingency basis. This means that you do not pay any attorneys’ fees unless and until we make a financial recovery on your behalf. If you have sustained a facial scar, disfigurement, other bodily injury because of a dog bite, automobile accident, or other incident caused by someone else’s negligence, contact one of our Wake County personal injury lawyers at 919.480.8526 or 919.526.0450. If you would prefer, you may send a confidential website submission via our contact page.


Raleigh Personal Injury Law Firm | Wake County Negligence Attorney

February 14, 2012

Personal injuries can be caused by any number of incidents: automobile collisions, assaults, dog bites, construction accidents, hospital malpractice, and toxic exposure, just to name a few. When they occur, the effects can be long-lasting and devastating to both you and your family, particularly if you are the primary wage earner. Unfortunately, North Carolina has very harsh negligence laws which generally act to protect the insurance companies. One such example is North Carolina’s contributory negligence rule which states that if you are even one percent at-fault for your injuries, you are not entitled to a recovery. While there are exceptions to this rule, the insurance companies love to cite it in denying you compensation. You need an advocate on your side who understands North Carolina personal injury law. Contact the Raleigh personal injury law firm of Maginnis Law at 919.480.8526. Our lawyers practice only in the area of civil litigation and regularly appear in the Wake County Courts. If you prefer to communicate electronically, you may send a confidential email via our contact page.

The personal injury attorneys of Maginnis Law offer free consultations to all prospective new clients from our downtown Raleigh office but, if appropriate will also travel to meet with you. We handle all personal injury matters on a contingency basis, such that you do not pay any attorneys’ fees unless and until we recover compensation for your injuries from the at-fault party or his or her insurance company.

One of the most common questions we receive from personal injury claimants is “what type of damages am I entitled to?” The elements of a personal injury compensation package may include, but are not necessarily limited to:

(1) Medical costs, including doctor’s bills, hospital fees, chiropractic charges, physical therapy bills, ambulance fee, etc.;

(2) Physical, mental, and emotional pain and suffering;

(3) Lost wages and/or loss of wage earning capacity;

(4) Mileage reimbursement for attending medical visits; and

(5) Permanent disability.

For cases where the Defendant acted with malice or his or her conduct amounted to willful and wanton negligence (i.e. drunk driving), you will be entitled to a jury instruction on punitive damages. The jury, within its discretion, may award up to $250,000.00 or three (3) times your compensatory damages, whichever is greater.

If you have sustained a personal injury in or around Raleigh, North Carolina, including an automobile accident injury, contact the Raleigh personal injury attorneys of Maginnis Law at 919.480.8526. You may also utilize our contact page to submit a new case inquiry. We try to respond to email inquiries within the same day, and, unlike some other firms, you will be contacted by a lawyer, not a case manager or paralegal.

Ambulance Service Liens Under North Carolina Law

February 3, 2012

North Carolina law protects medical care providers who treat personal injury claimants by providing a limited lien against any settlement or verdict. See, N.C.G.S. § 44-49. By its express terms, the statute also protects those providing ambulance services. However, unlike other medical service providers, EMS providers may also file a lien against the real property “of any person whose been furnished ambulance service by a county or municipal agency or at the expense of county or municipal government.” N.C.G.S. § 44-51.1. This ambulance service provider lien exists for a maximum of ten (10) years after the date on which the ambulance service was furnished. If you have been injured in an automobile accident or other incident requiring ambulance services, and are now facing collection efforts, contact the Raleigh personal injury attorneys of Maginnis Law at 919.480.8526.

In order to have a valid lien against your real property, the ambulance service provider lien must be filed within the 90 days. For certain counties (those listed under N.C.G.S. § 44-51.8), they may file a lien under N.C.G.S. § 44-51.4. Notably, no lien under N.C.G.S. § 44-51.4 “shall be valid unless filed after 90 days of the date of the furnishing of ambulance service, and within 180 days of the date of the furnishing of ambulance service.” N.C.G.S. § 44-51.6.

Liens under N.C.G.S. § 44-51.4 are more effective, because they entitle the County to use attachment or garnishment proceedings to enforce the lien. With most personal injury claims, the attorney must pay the ambulance bill pursuant to N.C.G.S. § 44-49 anyway. Therefore, most represented claimants do not have to deal with garnishment or attachment. Nevertheless, it is important to realize that certain EMS providers can proceed pursuant to the above statutes should they choose to do so.

The Raleigh attorneys of Maginnis Law offer free consultations for all personal injury claimants, including automobile accident victims. Our representation is under a contingency fee arrangement so that you do not pay any attorneys’ fees unless we make a recovery for your injuries. We will fight to limit the disbursement of your recovery to lien and subrogation claimants.

To speak with a personal injury lawyer at Maginnis Law, contact the firm’s Raleigh office at 919.480.8526. The firm regularly represents clients in the Wake County area, including Raleigh, Durham, Cary, Chapel Hill, Morrisville, Wake Forest, Apex, Fayetteville, Sanford, Clayton, and Wilson. You may also send confidential email inquiries via our contact page.

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