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Bringing a Wrongful Death Claim: Don’t Handle it Alone

Have you lost a loved one in an accident due to the negligence of another party? Nobody ever expects to lose a loved one in an accident, which is why it makes sense to have somebody on your side who can help you fight for your rights in every way. One of the biggest mistakes that somebody can ever make in a wrongful death claim is to try to attempt to handle the case alone. There are just too many factors for you to handle on your own when you are trying to grieve after losing somebody close to you. This is why we want to stand by your side and help you protect your rights every step of the way.

Why You Should Have an Attorney

wrongful death lawyerHere is one of the biggest reasons why you should never stand alone when you are dealing with a wrongful death claim: The insurance companies could try to give you less when it comes to your case. Let’s say that somebody was driving distracted and ran into the side of your loved one’s vehicle. They were clearly at-fault for the accident, so you were able to bring a claim against them. Even though it is only fair that you and your family are compensated for wrongful death damages, it does not always occur this way. Insurance companies will sometimes make extremely low offers so that they can settle your claim once and for all, even if it wasn’t what you were expecting.

Perhaps you are willing to accept any type of settlement because you need immediate relief on a financial level due to medical expenses that occurred before your loved one passed away, or because of funeral expenses. You never want to accept early, because you know that it could put you and your family in a bad position later on down the road.

When you want to achieve the fairest settlement offer, you want to have an attorney on your side as you move forward. There are many losses that you might have to deal with, such as benefits to surviving spouses and children, loss of love and companionship damages, financial assistance, lost earnings of the past and future, and so much more. Attorneys are able to investigate to pin a number to the case and assets that are available to pay compensation to survivors, the amount of insurance coverage and what it allows, noneconomic losses, and more. Insurers will not always willingly disclose information that is important to your case. Luckily, an attorney can help you get the information you deserve in your time of need.

Moving Forward With Your Claim

If you are a representative of your loved one’s estate, a child, spouse, parent, or many other people close to the person who lost their life, you may want to move forward with a wrongful death claim. There are many damages available to you and your family during this time. It may seem impossible to pin a number amount to your loved one’s passing, but it is not impossible and we want to talk to you every step of the way. At the Nye Law Group, we have experience in wrongful death claims and want to extend a helping hand to you. Call us for more information on how we can help you from start to finish at 855-636-9277.

Sources:

http://www.alllaw.com/articles/nolo/personal-injury/how-wrongful-death-lawsuit-works.html

http://thenyelawgroup.com/

Underinsured And Uninsured Drivers: How We Can Help

Many people are unaware of how their insurance policies can come in handy when they have been involved in a very specific accident. Picture this: You’re driving along when, all of a sudden, you are struck by another vehicle. Now you are left with injuries and you aren’t sure how to recover. But things are about to get worse because you find out that the driver who hit and injured you does not have insurance, or they have poor insurance coverage. We can help you understand underinsured and uninsured policies and how they can come in handy in regards to your claim.

Understanding Both Types of Coverage

uninsured driver accident lawyer Perhaps you have never heard of underinsured or uninsured coverage or you are familiar with exactly how it works. Today we will help you understand both.

Uninsured Coverage: Uninsured motorist coverage kicks in when a driver hits you and they don’t have any insurance coverage whatsoever. Your first thought might be: I want to sue the driver for the accident and attempt to recover any damages possible. However, think of it this way… If the driver does not have insurance, they probably don’t have much in the way of financial assets, which means that you won’t gain what you want in recovery. This means that you will be left making an uninsured driver claim against your own policy so that you can receive what you deserve.

Underinsured Coverage: Underinsured coverage works a bit differently because it kicks in when the driver does have car insurance, but it is insufficient and will not cover you. You would, again, make a claim against your own insurance company for the limit of your coverage provided your policy coverage is better than the coverage that the negligent driver carries. This works wonderfully in cases where the driver’s insurance will only cover up to $100,000 of your damages, but your damages are well over $300,000. You cannot force coverage that is simply not there, so you could have your own policy kick in when they can no longer pay you.

Making Your Claim

Drivers must be insured, which is why it is taken very seriously when a driver hits you and was driving around without insurance. You don’t want to delay when you’re making your claim because it is not unheard of for very short deadlines to be in place. You may have as little as 30 days to let your insurance company know that the driver was driving with no insurance or little insurance coverage. The best way to tell that the other party is probably uninsured is when they outright tell you that they don’t have any car insurance or when they refuse to give you their information in the event of an accident.

Sometimes, it is impossible to tell the extent of your injuries right off the bat. This is why you want to keep up with medical attention and ensure that you do everything your doctor and attorney asks you to do during this time. It can help out your claim in the months to come. We have your best interests at heart and want to speak with you immediately at the Nye Law Group. We work with the insurance companies in your case to get you the best results, and we don’t want you to miss out on the damages you deserve. Give us a call today for more information at 855-636-9277.

Sources:

http://www.alllaw.com/articles/nolo/auto-accident/insurance-claim-underinsured-uninsured-drivers.html

http://thenyelawgroup.com/

A Further Look at the Damages in a Personal Injury Claim

When it all boils down to a personal injury claim, there is one thing that is most important to everyone: the damages. You have suffered on a physical, emotional, and financial level when it comes to your injury case and now you’re seeking compensation so that you can keep up with costs and move forward with your life. Unfortunately, even though this is the outcome you’re looking for in your personal injury case, lots of people don’t know about the many damages that are available to them. Today we will take an in-depth look at damages and how they can make a difference in your life after you have been injured.

Monetary Losses (Special Damages)

Injury lawyerMonetary losses are compensatory damages also known as special damages, which are meant to compensate you for your losses on a financial level. Some of these damages include the following:

Medical Expenses: This is one of the most popular types of damages, due to the fact that many people who have suffered an injury will receive some type of treatment. This can include anything from past and future care with your physician, rehabilitation costs, surgical costs, and any needs that you will require in the future.

Disability Costs: What happens if your disability has a huge impact on your life and now you are in a wheelchair for life or need in-home nursing care? This means big changes for your household, which you may not be able to afford on your own.

Lost Wages: Perhaps you have not been able to return to work after your injury, so now the bills are adding up. Lost earning capacity in the future is also very important and you could be compensated for these aspects.

Funeral Expenses: If a loved one has passed away due to an accident, the family can file a wrongful death suit and be compensated for the funeral.

Non-Monetary Losses (General Damages)

General damages, or non-monetary losses, are a bit more difficult to prove. This is because it becomes difficult to place a number on these losses. Some of them include:

Pain and Suffering: Pain and suffering damages include aspects like actual pain that you feel on a daily basis due to your injury, compensation for emotional distress like fear and anger relating to your accident, and loss of enjoyment of life when you no longer feel happy about life ever since you have gained your injury.

Loss of Consortium: These are damages rewarded to your spouse after you have suffered an injury. These unique damages give compensation to a spouse who has lost affection, comfort, and companionship due to the injury. Perhaps you are paralyzed and must use a wheelchair and now your relationship won’t be the same in many ways.

Punitive Damages

Lastly, there are damages known as punitive damages, which are meant to punish the defendant for their extremely reckless behavior. For example, what if a truck driver was drinking while on the job and got into a catastrophic accident with you, leaving you with horrific injuries you will have for the rest of your life? Punitive damages not only punish the driver but also show other drivers that this could happen to them if they drink and drive. You should note that punitive damages are only awarded in the most reckless cases.

As you can see, there are many types of damages available in an injury case. Now you may have a better idea of which damages apply to your case and how you can work toward bringing a claim for the specifics that a negligent party owes you. We want to help you every step of the way at the Nye Law Group. Give us a call today for more information at 855-636-9277.

 

 

 

Sources:

https://www.justia.com/trials-litigation/docs/personal-injury-damages.html

http://thenyelawgroup.com/

When You Have Been Injured By An Uninsured Driver

What happens when you have been injured in an accident involving another driver? If the other driver is at fault for your injuries, usually you will move forward with a claim and you will receive the recovery you deserve. But what happens in a case when the other driver has clearly injured you and they have no car insurance to help cover your injuries under their policy? Today we will take a look at how your case works in North Carolina, and how you can protect your rights from the very beginning.

North-Carolina: An At-Fault State

Car accident lawyerIf you live in a no-fault car insurance state, such as Florida or Pennsylvania, you will find that you have to look at your own insurance policy when it comes to economic losses and recovery. This is the case even when the other driver is at fault for an accident. However, North Carolina does not work the same way; they are an at-fault state in a traditional sense, which means that the insurance policy of the other driver is supposed to cover your losses like medical expenses, lost wages, and more. What happens if the other driver is uninsured, though, and now you aren’t sure how you’re going to recover?

Luckily, your insurance offers you what is known as “uninsured motorist” coverage. This protects you from the risk of being injured in an accident with a driver who does not carry any type of insurance, which is something that thousands upon thousands of drivers get away with every year. However, it will only cover up to your policy, so if you have any more damages or non-economic damages, you will still have to make a claim against a driver. Non-economic damages can be pursued in a lawsuit for things like emotional suffering, anguish, loss of companionship, and lost quality of life.

Steps to Take After Your Accident

It is an unfortunate fact that, after an uninsured motorist hits you, they could try to flee the scene because they know that it will be a long and complicated process. You want to understand how to retain your rights after one of these accidents and protect yourself in your time of need.

Call the Police: No matter what, you should always call the police to the scene of the accident if you have been injured. This is most important, however, in the case of an uninsured driver. You want to make sure you do everything possible when it comes to having your expenses covered, so document what you can.

Information Exchange: You should always gain contact information from the other party. This is usually when you will find out that the other party does not have insurance, which is why it is important to get the contact info you can. You also want to collect information from any witnesses.  

Insurance Company: Your insurance company will let you know what you can and can’t do according to your policy. If you have uninsured motorist protection, you can find out more about how this works to protect you.

When it comes to your car accident, we can help you in every way possible. If the other driver was uninsured and you don’t have protections through your own policy, you could find yourself in a situation where you need legal assistance on your side. Luckily, we can help in your time of need. Call us as soon as possible to get started on your case at 855-636-9277.

Sources:

https://www.lawyers.com/legal-info/personal-injury/auto-accidents/what-if-im-hit-by-an-uninsured-driver.html

http://blog.esurance.com/accident-with-uninsured-driver/

http://thenyelawgroup.com/

The Most Common Types of Medical Malpractice You Could Find

What is medical malpractice? This is something that unfortunately happens to people every day and involves a healthcare professional who breaches their duty of care to a patient. When these accidents do occur, the consequences can be devastating, leaving a patient in a bad state as they suffer from their injuries. There are many common types of medical malpractice from childbirth injuries to misdiagnosis. Today we will talk about all the different types so that you can prepare yourself for your case.

Some common Medical Malpractice types:

Medical Malpractice lawyerMisdiagnosis: There are different types of misdiagnosis like missed or delayed diagnosis. When a doctor fails to diagnose you with a disease or other illness for a certain period of time, you could miss the proper treatment. For instance, what if a doctor says that the pain in your underarm is a normal growing pain and fails to order tests? What if, two years down the road, you have advanced stage breast cancer because a doctor didn’t properly diagnose you? As you can see, a misdiagnosis could prevent real issues. The key, in this case, is proving that a competent doctor would not have made the same mistakes as your doctor and that they should be held liable in your case.

Childbirth Injuries: Unfortunately, a number of childbirth injuries happen to children every year in the U.S. Some of the most severe cases lead to disorders like cerebral palsy and seizures, or fractured bones and even paralysis. Sometimes, you have to consider the fact that a child had these disorders due to other factors. But other times, a doctor’s negligence could have caused these issues when the doctor didn’t treat a condition or failed to do a C-section even though the birth called for it.

Sometimes, the negligence takes place during the pregnancy as well. For instance, a doctor may not have given a patient the best prenatal care or failed to diagnose gestational diabetes or preeclampsia, which could cause the baby harm. A doctor should do everything in their nature to ensure that the pregnancy and birth go as smoothly as possible, which means treating the mother when it calls for it.

Medication Errors: Medication errors happen because a doctor makes a mistake and prescribes the wrong medication, fails to take notice of a potentially harmful drug interaction, and much more. In hospitals, we always hear of patients who are given the wrong prescription for their ailments. They are also given too much of a medication, which could end in disastrous results.

Surgery Errors: Surgery errors sometimes occur as well. For instance, a surgeon sometimes punctures an organ or blood vessel while they are doing the surgery, operate on the wrong body part, or leave surgical equipment like sponges and tools inside the body. Perhaps the lack of care came after the surgery when a nurse didn’t take care of a wound properly and now you have fallen ill with an infection. There are many ways this can occur.

If you have suffered at the hands of a negligent caretaker or physician, we want to hear from you. Just because you had an unhappy experience at an office or hospital doesn’t necessarily mean that medical malpractice occurred. However, if you have suffered due to the negligence of a medical party, we can help. Give us a call today at the Nye Law Group for more information, at 855-636-9277.

 

 

Sources:

https://www.hg.org/article.asp?id=31330

http://thenyelawgroup.com/

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402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

1509 Abercorn Street, Savannah, GA 31401

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230