December 19, 2012
By far the most common personal injury claims are those involving automobile accidents. These claims typically start with negotiations between your attorney and the at-fault driver’s automobile insurance company. Unless liability is in question, the negotiations will focus on the types and amount of your damages. Some elements of damages recoverable in personal injury cases, auto accident or otherwise, include: (1) medical and pharmaceutical expenses; (2) lost wages and/or diminished earning capacity; (3) physical, mental, and emotional pain and suffering; and (4) permanent disability. If you and your attorney can reach an agreement with the insurer, your claim may be resolved without the filing a lawsuit. However, if the insurer refuses to “play ball” and makes unreasonably low offers, you entitled to file an action against its insured. If that happens, the insurer will be responsible for any verdict up to the amount of its coverage.
Of course, not all personal injury claims arise out of a common set of facts. Others are more unique. For example, one might be injured when a window washer drops a tool from a tall building or when a parking garage fails to provide adequate security, allowing an assault to take place. In these scenarios, you are far less likely to be able to simply negotiate a settlement with the at-fault party or his insurer. More typically, you will be forced to file suit and show that you are serious about pursuing your claim through the legal process. It is essential that you have a lawyer for these types of claims.
There are other aspects of the personal injury claims process where retaining a lawyer can be critical. The first involves “finding coverage.” This is typically an issue in auto accident cases. In North Carolina, drivers are only required to carry minimum liability limits of $30,000.00 per person/$60,000.00 per accident. If your damages exceed $30,000.00, as they often do, your attorney may be able to assist by investigating to determine if there are any other applicable coverages. Another growing problem in the personal injury claims process is liens and subrogation claims. Nowadays, medical providers and health insurance companies are being increasingly aggressive about pursuing as much of your personal injury settlement as possible. In some cases, they may be entitled to less than is claimed or even nothing at all. Having an attorney willing to investigate these issues is important to ensuring that you, and not your health insurer, are fully reimbursed for the pain you have suffered.
The Raleigh law firm of Maginnis Law represents North Carolinians in personal injury and wrongful death claims, including automobile accidents, slip-and-falls, dog bites, and motorcycle accidents. Unlike many larger firms that utilize teams of case managers and paralegals, all communication and work on your case will be through a licensed North Carolina attorney.
Maginnis Law handles all personal injury and wrongful death claims on a contingency fee basis. This means that you only pay attorneys’ fees if and when we recover a settlement or verdict on your behalf. The firm offers free consultations and will travel to meet with you to discuss and investigate your claim.
To speak with a Maginnis Law attorney regarding your personal injury claim, call the firm at 919.480.8526. Alternatively, you may send the details of your claim using our contact page. We represent clients throughout North Carolina, including Raleigh, Durham, Cary, Apex, Chapel Hill, Greenville, Fayetteville, Sanford, and Greensboro.
Collections from North Carolina Limited Liability Companies owned by Judgment Debtors — Raleigh Business Litigation Attorneys
December 5, 2012
Our law firm is often asked by our business clients about the benefits in protection from individual personal liability as a result of organizing their small business as a Limited Liability Company. LLCs generally protect company debts from being attributable to a debtor personally. However, what about the converse? Can a debt owed by an individual who happens to own an LLC be collected by going after assets of that owner’s business? Or can a debt against an individual owner of a first LLC be collected by seeking assets of a second, separate limited liability company where that company’s owner has an ownership interest? In North Carolina, ownership interests in LLC are personal assets and they can be used to pay off judgments. Read more
December 5, 2012
When a drunk driver chooses to get behind the wheel, he or she is not just risking their own lives; the drunk driver is risking the lives and health of everyone on the road. The criminal justice system provides punishment for these individuals, but it does not always force them to pay financial damages for any injuries resulting from the automobile accidents they cause. This is the purpose of the civil courts. If you have lost a loved one as a result of a DUI accident, or if you have sustained personal injury because of an intoxicated driver, it is important you retain an attorney to advocate for you against the drunk driver and his or her insurance company. To speak with Raleigh lawyer regarding your case, call the law firm of Maginnis Law at 919.480.8526. Read more