Choosing a Personal Injury Attorney - Robert armstrong personal injury attorney north carolina

You have been injured in an accident due to someone else’s carelessness. The medical bills are piling up and so are your monthly bills due to work loss. You know you need an attorney to help you, but how to pick the right one? Well first, you need to find a few attorneys who specialize in your type of case. From Auto Accidents to Medical Malpractice, attorneys, just like doctors, concentrate their practice in specific areas. You’ll need to find the best attorney for your case.

What kind of case do I have?

There are many ways to find an attorney. But before you begin, you may need to narrow down the type of case you have:

  • Slip and Fall – You were injured on someone else’s property.
  • Auto Accident – You were injured in a car, truck, motorcycle, bicycle or pedestrian accident.
  • Medical Malpractice – You were injured due to a doctor’s negligence.
  • Dog Bite – You were bitten by someone else’s dog.
  • Negligent Security – You were injured because an establishment failed to provide adequate security.  
  • Product Liability – You were injured by a defective product.
  • Drug Claim – You were injured by taking a medication.
  • Nursing Home – You or a loved one was injured while living in a nursing home.
  • Wrongful Death – A loved one was killed by the indifference or negligence of someone else.
  • Assault, Battery, and Sexual Assault – You were injured in a criminal act.   

Once you have narrowed down what category your case may fall in, you can start looking for an attorney whose specific skills and experience will benefit you.

How do I find an attorney?

Some of the best resources for finding an attorney are your family, friends, and co-workers. If you personally know someone who has hired an attorney in the past and had a good experience, you may want to start with that attorney. An attorney in any specialization can refer you to the correct type of attorney from the very beginning of your case. Ethical, hardworking, experienced attorneys usually only refer to other attorneys who will provide the same level of service they do, as their reputation is on the line. Other resources include:  

  • The Bar Association
  • National Websites
  • Internet Searches.
    • “Medical Malpractice Attorney”
    • “Auto Accident Attorney”
    • “Slip and Fall Attorney”

While you are busy on the internet, don’t forget to check out their Google reviews. However you go about finding an attorney, choose more than one to contact.

How do I decide which attorney is right for me and my case?

Deciding which attorney to choose can feel very daunting. But with a little work and thought you will find the right attorney for you. Once you have narrowed it down to a handful, you can contact them to set initial appointments. Almost all personal injury attorneys will offer you a free consultation. Take advantage of that fact and schedule some appointments with attorneys you liked when you saw them online or when you talked to their office on the phone. Go armed with a pad, pen, and a list of questions, such as:

  • How many cases has the attorney handled that are similar to yours?
  • How many years of experience do they have with your particular type of case?   
  • What percentage of their “caseload” is dedicated to your particular type of case?
  • Where did they go to college and law school?
  • Do they carry Malpractice Insurance?
  • Do they outsource any of their legal work?
  • Do they involve attorneys outside of their law firm to get the job done?
  • How often can you expect their office to call you to give you updates?
  • How often do they go to “trial”?
  • What are the terms of their contract?
  • How will my case work?
  • What would be your plan for my case?

If an attorney balks at answering any of these questions promptly, you may want to reconsider. All of the above questions are easily answered by an attorney who takes their work seriously and cares about educating their clients. Giving you a prompt, accurate answer that is professional and courteous will tell you whether or not the attorney is hard working, understanding, forthright, ethical, compassionate, and honest.   

How do I choose whom I want to represent me?

Deciding on one attorney out of the several you met with may seem difficult, but now it is time to ask yourself some questions:

  • Does the attorney seem to have enough experience to handle my case?
  • Was the attorney prompt and courteous to me when I questioned them?
  • Did I meet with the attorney, or did they send someone else to meet me at my appointment?
  • Is the attorney someone I feel comfortable with?
  • Do I feel confident in their skill to handle my case?
  • Where they able to answer all of my questions?
  • Did the attorney treat me with respect and compassion?
  • Did the attorney’s plan for your case make sense?
  • Did you understand how your case will progress?

Once you have asked yourself these questions about each attorney you met with, you will find the one that will be the best fit for you. Once you have gone through the process of locating, interviewing, and contemplating a few attorneys, you will get a good feel for what is right for you. Don’t delay too long, as having an attorney as soon as possible after you are injured can help you get the best results. And remember; never talk to an insurance company until you have consulted with an attorney.  

 

Passenger Compensation for Car Accident Injuries - Robert armstrong personal injury attorney north carolina

Car accidents are a scary and confusing experience. They can get complicated when insurance companies disagree about who is at fault, and even further complicated when passengers are injured. North Carolina car accident laws differ from a majority of states across the country and it may be difficult to navigate all the nuances of these complex laws.

However, by taking steps to prove fault and by consulting an experienced attorney early in the process, a passenger can ensure they are fully compensated for their injuries. This article helps explore some of the nuances of North Carolina law, and provides some steps you can take to help your case.

Determining Fault

When involved in a car accident, one thing is certain: insurance companies will be involved. Because insurance companies are very reluctant to pay out in these situations, it’s important to ensure that the injured parties can accurately determine fault and take necessary steps to begin making your case to prove fault. This is especially true in a state such as North Carolina (see “Contributory Negligence” below).

As a passenger injured in a car accident, you’ll want to use visual evidence to help your case. Take photos of the cars, look to videos from nearby stores or restaurants, or look to see if any red light cameras are nearby. Also, witness testimony can be critical to your claim. An attorney can help you encourage people to speak on your behalf, and ensure that their story supports your case.

Contributory Negligence

When you’re involved in a car accident in most states across the country, the driver that is at-fault will pay for the damage caused to both people and property. However, this is not the case in North Carolina. The Tar Heel State uses a system called “contributory negligence” to determine fault in a car accident.

Under contributory negligence, if a passenger is found to be partially at fault, such as grabbing the steering wheel or distracting the driver, they will not recover any compensation. For example, if the driver is speeding at 5 miles per hour over the speed limit and smashes into another car because you told the driver to look at your phone, you could potentially be barred from recovering from the driver. Although this is often viewed as unfair, situations like these occur frequently because of the strict car accident laws in North Carolina.

Statute of Limitations

In addition to contributory negligence laws in North Carolina, passengers injured in a car accident should also be aware of the statute of limitations laws in the state. Under the general statutes of North Carolina, a civil lawsuit for injuries or property damage must be filed within three years. This means when anyone is hurt in the accident—whether the driver, pedestrian or passenger—or their vehicle was damaged, their lawsuit must be filed against any potential defendant within three years. This Statute of limitations period is different for death of a passenger or for a person underage or under a disability. So it is important to consult a personal injury attorney immediately after a wreck.

Although this may seem like a long time, when dealing with insurance companies and looking at all evidence to prove your claim—not to mention any time spent in the hospital or recovering from injury—the time can go by quickly. It’s always a good idea to begin the process as soon as possible. Talk to an experienced lawyer right after the accident to ensure you don’t miss any important deadlines.

Being involved in any automotive accident can be a frightening experience. As a passenger, this experience can be even more cumbersome. However, by engaging a qualified and experienced car accident lawyer, you can guarantee that your rights will be extended and that you are fully compensated for your injuries.  

Burden of Proof in Personal Injury Lawsuits - Robert armstrong personal injury attorney north carolina

A burden of proof is an important concept to understand if you are filing a personal injury lawsuit. Read over the information below and speak to a North Carolina personal injury lawyer for more information.

What Is the Burden of Proof?

The burden of proof is the legal threshold that you must meet in order to recover for your claim. In a personal injury lawsuit, the burden of proof is proof by a preponderance of the evidence. This means that it must be more likely than not that things happened the way you said, that it is 51 percent or higher likelihood that things happened the way you say. This standard is much lower than that involved in criminal cases, proof beyond a reasonable doubt. It is also below another common burden of proof: by clear and convincing evidence.

What Do You Have to Prove?

What you have to prove depends on the type of case that you are pursuing:

Strict Liability

Strict liability is a term that applies to the standard in certain types of cases in which if the legal definition is met, the other party is held legally responsible. For example, North Carolina has a strict liability rule regarding dog bite claims. If a dangerous dog (one that is over six months old and running at large at night, previously killed or injured a person or had been previously declared by officials as a dangerous or potentially dangerous dog) bites or attacks a person, its owner is held strictly liable for the damages that result. As long as the definition is met, the dog owner is held responsible. There is no need to show that the owner of the dog was negligent or careless in any way.

Negligence

Most personal injury claims are based on the legal standard of negligence. This standard applies to other types of dog bite claims where the strict liability rule does not apply, claims regarding defective products, car accident cases and other types of personal injury claims. To successfully recover, you must establish the following elements by proof by a preponderance of the evidence:

  • Duty – You must show that the defendant had some legal duty. If he or she was a motorist who harmed you, this requires showing that he or she had a legal duty to drive in a safe manner. If the accident was a slip or fall, this would require showing he or she had the duty to keep the premises safe from dangers.
  • Breach of duty – You must then show how the defendant was careless and breached this legal duty, such as by breaking a driving rule or failing to keep the premises clean. This element is usually proven by comparing the conduct of the defendant with what a reasonable person would have done under the same or similar circumstances.
  • Causation – You must also show that there is a connection between the defendant’s breach of duty and the injuries that you sustained.
  • Damages – You must have suffered some type of harm as a result of the defendant’s breach, such as property damage, medical expenses or pain and suffering.

Importance of an Attorney

Establishing the burden of proof is your responsibility as a plaintiff in a personal injury case. If you are unable to meet the burden of proof, you will be unable to recover compensation from the at-fault party. It is important to have the help of an experienced Wilmington NC personal injury attorney who can help you meet this burden. He or she can discuss ways that you may be able to establish the burden of proof in your Wilmington NC personal injury claim.

Should You Handle Your Own Personal Injury Claim or Hire a Lawyer? Robert armstrong personal injury attorney north carolina

It’s the moment no one is waiting for. You’re on your way to somewhere important, and then you get injured in a car accident.

What to do now? Do you hire a lawyer? Do you settle the claim on your own? These are complicated questions. There are a few benefits to settling the claim yourself if it’s a very minor accident with very little injury involved, but even in those cases, taking the case on your own without the guidance of an attorney is risky.

Saving the money on legal fees could end up costing you more in the end if you don’t have an experienced advocate handling all the convoluted details and advocating on your behalf. Keep in mind that an insurance company has lots of lawyers on staff who are trained to figure out how to pay you the least amount of money possible.

When should you hire an attorney for a personal injury claim?

It’s imperative that you hire a personal injury attorney if you have the following conditions:

  • Severe injuries
  • Expensive medical bills
  • Lost wages because of time off work and other factors caused by your injuries

How are your injuries measured?

So, you’ve been injured, but you don’t know if they’re considered severe. That’s one sign that you should consult with an attorney. Here’s how your injuries are measured:

  • What type of injury did you suffer? (Head injury, traumatic brain injury, broken bone, coma, etc.)
  • How long did it take you to recover?
  • How much do your medical bills cost? Will there be other medical costs in the future because of this injury?
  • Is your injury long-term? One that lasts for a year or longer? Have you been permanently disabled and are no longer able to work?
  • How has your quality of life been impacted by this accident and injury?

These are all factors that will determine the severity of your injury in terms of an insurance claim, and the more serious the injuries, the more complicated the case gets.

What can insurance companies do to try to avoid paying you?

Without a lawyer, insurance companies have several methods for denying you what you are owed. These include:

  • Disputed liability – This happens when an insurance company disputes the liability of the person you are filing a claim against. In other words, the insurance company can claim that the person they insure is not at fault, or they can say that there’s not enough evidence to prove otherwise.
  • Refusal of payment – This can be different than disputed liability. Sometimes, the insurance company will refuse to offer a settlement amount, instead forcing you to sue them and take them to court. Without a lawyer, you will have to represent yourself in a civil claim.

 

For all of these reasons and more, if you are injured in an automobile accident, it’s best that you consult with an experienced personal injury attorney like Robert Armstrong. Contact his office today.

 

negotiation mistakes in personal injury claims robert armstrong attorney north carolina

Negotiating personal injury claims is a very tricky business that’s typically best left to an experienced personal injury lawyer.

But even if you have an attorney — and you should! — there are some things you need to be aware of when it comes to negotiating with insurance companies.

Here are 10 mistakes that could hurt you in the end:

1. Giving a recorded statement to the other party’s insurance company — This is something you should never do, unless you have your lawyer with you when you give a statement. It might seem like an innocuous task, especially if you weren’t at fault, but insurance adjusters are trained to interview you in a manner that might make you say something to negatively impact your claim.

2. Lying to the insurance company — This also sounds like a no-brainer, but it’s important to note. You should always be completely honest when you give information to both your insurance company and the insurance company of the other party.

3. Giving the other party your insurance records too early in the claims process — A good lawyer will advise you not to release your medical records before you are almost done with your medical treatment. This is because your injuries could get worse or change over time, and you don’t want the claims adjustor to have an incomplete file when it comes to your medical problems.

4. Exaggerating your injuries — If you are injured and you have someone helping you with the claims process, then you will get the award you deserve without having to stretch the truth on the extent of your injuries.

5. Talking about pre-existing conditions or injuries with the insurance company

6. Trying to answer every question, even if you don’t necessarily know the right answer.

7. Letting claims adjusters get informal with you — No matter how innocent it seems, you should never have “off-the-record” conversations with a claims adjuster. It’s called “letting your guard down,” and it’s exactly what they want you to do.

8. Using red-flag terms with adjusters — Be very careful when choosing which words you use with the insurance company. Words to avoid include whiplash and other medical terms. Don’t use them without a proper medical diagnosis. Also, don’t talk about complex legal terms like negligence if you are not a licensed attorney.

9. Giving out your social security number or contact information for friends and family to an insurance adjuster.

10. Assuming your claim will be accepted without a lawsuit — Sometimes, a claim can be settled without having to file a lawsuit. But often, that’s not the case.

This is why it’s so crucial to have a solid personal injury attorney on your side. If you or someone you love has been in an accident, contact Robert Armstrong’s office today.

 

 

 

national safety month Robert armstrong personal injury attorney north carolina

June is National Safety Month, according to the National Safety Council, which makes it a perfect time to talk about road safety topics that often lead to personal injury cases for lawyers.

What are the dangers of impaired driving?

Driving drunk or under the influence of drugs is not only illegal, it’s extremely dangerous. If you are in an accident and it is discovered that you are impaired, the consequences can be very serious.

Here are some statistics about drunk driving:

  • Someone who has a blood alcohol concentration, also known as BAC, of .10 or higher is seven times more likely to cause a fatal car crash than a driver who is sober. That number increases to 25 times more likely if the driver has a BAC of .15 or more.
  • If you drink two beers and weigh about 160 pounds, your BAC will be somewhere around .04. That’s lower than the legal limit for drinking and driving, but you are still 1.4 times more likely to cause an accident than someone who had zero beers.
  • Studies have shown that people begin to lose their ability to see moving objects properly with as little as a .02 BAC.
  • If you are arrested and convicted on a drunk driving charge, you can expect to pay anywhere between $9,000 and $24,000 before it’s all said and done, and that doesn’t include damages to people you have injured in a crash.

How can you avoid distracted driving?

As smartphones continue to rise in popularity, so do the number of accidents that are caused by distracted driving. Here are some tips to help you stay focused when you’re behind the wheel:

  • Limit cell phone use to ONLY emergency situations: The only time you should pick up your cell phone while you’re driving is if it’s an emergency. Otherwise, keep it out of sight and out of mind until you get to where you’re going.
  • Don’t drive when you’re tired: Drowsy driving is just as dangerous as drunk driving, and there’s no reason for you to push forward when your eyes start to droop. Pull over and rest until you’re fresh enough to hit the highway and stay alert.
  • Try not to fill your car with passengers and loud music: Having a car full of people can distract you from the obstacles at hand while driving. Try to limit the number of people in your car. And turn the blaring music down!

Tips for avoiding car accidents

We all know that accidents can happen. That is, after all, why they are called accidents.

But there are some things you can do while driving to avoid them. Here are some tips:

  • Try to stay away from the “fast lane” – Often, if you are driving in the far left lane and something happens, you have fewer options for avoiding the obstacle or swerving into another lane to miss being hit.
  • Be aware of blind spots  – You can’t put all of your faith into rear and sideview mirrors. Always turn and look into the lane you are trying to enter.
  • Maintain your vehicle – Bad tires, old belts and other car ailments can equal disasters on the road if they’re not taken care of. Don’t let yourself become a statistic because you waited too long to buy new tires or take care of other problems with your vehicle.

If you or someone you love has been injured in a car accident, contact the law office of Robert Armstrong today for help.

tips for choosing a personal injury lawyer Robert armstrong personal injury attorney north carolina

Perhaps the most important task you have after an accident with injury is choosing the personal injury lawyer in North Carolina who is right for you. After all, so much depends on it.

Here are some tips for selecting the best personal injury attorney:

  • Experience – It may seem obvious, but it’s crucial that you choose an attorney who has ample experience in investigating and analyzing all aspects of your claim. He or she will know exactly what to look for, where to find it, and knows that the minute details can make or break your case. Robert Armstrong has 32 years of experience in personal injury cases.
  • Area of focus – Some personal injury lawyers may specialize in big rig accidents, while others may focus on motorcycle or other types of motor vehicle accidents. It’s important that you pick an attorney who’s well-versed in the type of accident for which you have a claim. It’s said that about 95 percent of personal injury claims are settled without a judge or jury, so it’s key that your lawyer understands the many factors at play. A family mortgage attorney or a corporate litigator won’t cut it for these types of cases. Robert Armstrong has handled only personal injury cases for his entire 32-year career.
  • Reputation – Is your attorney well-known, or is your lawyer infamous? Your attorney’s reputation will factor heavily into dealing with insurance companies, other lawyers, judges and court officials. Someone who has been kicked out of courtrooms for bad behavior or doesn’t play nice with others probably isn’t the best lawyer to handle your case. You need someone who is well-respected with a track record of getting fair settlements for his or her clients.
  • Disciplinary record – How many complaints does your potential lawyer have against him or her? Has he or she ever been disciplined for actions or behavior while practicing? Has your attorney ever been suspended? Disbarred? You can typically find all of this information online in a searchable database.
  • Personality – He or she might be the best lawyer out there, but if you and your attorney don’t mesh well or can’t get along, then you might want to find someone else. Also, you need an attorney who is willing to return your phone calls and answer specific questions about your case. You don’t need to be best friends with your attorney, but you do need to have a good working relationship.

Hiring a personal injury attorney is a key step in recovering all the money you deserve after an experience as traumatic as an accident. Be sure to follow these steps in selecting the right attorney for you. If you or someone you love has been in an accident, contact Robert Armstrong’s office today for help.

What is Contributory Negligence Robert armstrong personal injury attorney north carolina

If you are involved in a vehicle or other type of accident, the term contributory negligence might come up.

Contributory negligence is how the legal community describes the actions of an injured person who may have played a part in causing his or her own injury.

For example: if you are hit by a car while riding your bicycle, but you were riding on the wrong side of the road, then you could share in the blame for the accident, and your compensation could be affected.

Another example would be if you are dining in a restaurant and have a severe peanut allergy, but fail to notify the restaurant. If you eat something with peanuts and have an allergic reaction, it may be partially your fault for failing to tell the employees.

How does North Carolina’s contributory negligence law work?

North Carolina is one of only a handful of states that still abide by contributory negligence instead of comparative negligence, which is when the degree of fault is measured for each party, and then your compensation is based on that analysis.

In North Carolina, that’s not the case:

  • Even if you are only partially at fault in North Carolina, you cannot recover any compensation in your claim.
  • North Carolina does not have a comparative negligence law in place.
  • However, North Carolina does have legal doctrines which can overcome contributory negligence: If the defendant had the “last clear chance” to avoid the occurrence and injury, you may still recover; If the defendant acted intentionally or recklessly, you may still recover; or if you were faced with a “sudden emergency” you may still recover. All of the above exceptions are factors to consider.

Only Alabama, Maryland, Virginia and Washington, D.C., join North Carolina in the list of places that go by the contributory negligence law.

How is contributory negligence evaluated?

Contributory negligence is calculated by something called the “standard of care” provision:

  • Standard of care applies to what a reasonable person would have done in a similar situation.
  • To be considered contributory negligent, you must have done something that was negligent and caused the specific injury or damage that is at the center of the claim.
  • Just because you may have been negligent, it still must have caused or contributed to your injury in order to bar recovery.

What are the components of negligence?

Although laws vary from state to state, negligence, in general, is pretty standard across state lines. The following are considered elements of a negligence case:

  • The defendant had a responsibility to do a particular thing or refrain from doing said particular thing.
  • The defendant failed in that responsibility.
  • The defendant’s breach in responsibility caused injury to a person or damage to a thing.
  • The defendant’s actions or inactions were the reason why the plaintiff was injured or the property was damaged.  
  • The victim suffered actual damages that can be calculated, like lost wages from work, medical bills, etc.

If you or someone you love was in an accident, it’s important that you contact an experienced personal injury attorney to work through the complexities of your case. Contact Robert Armstrong’s office today for help.

personal injury claim process Robert armstrong personal injury attorney north carolina (2)

If you’ve been in a car accident, there’s a long road ahead to settling the claim and getting what you are owed. It’s a complicated process, which is why one of the first things you should always do is contact an experienced personal injury attorney.

What happens when you meet with a personal injury attorney?

Here are a few things you can expect when you have your first encounter with an injury lawyer:

  • You might be asked to sign a form releasing your medical information so that your lawyer can access them. They’re important documents for building your case.  
  • You will probably be asked all about your insurance coverage, with lots of specifics on premiums and what kind of coverage you have.
  • Your lawyer will want to know what, if anything, you have said to insurance adjusters, and if you have given any recorded interviews or written statements.

What happens after you hire a lawyer?

Once you hire a lawyer, he or she will begin the process of filing a claim with the insurance company, or filing a suit in court.

Here are a few things to note about this stage:

  • This phase of the settlement is called discovery, and it’s the time when every little detail about your case will come to light. Keep in mind that it is very likely that anything and everything will come out at some point in the discovery process.
  • You’ve got to be totally and completely honest with your attorney. If you’re not, then it could impact the outcome of your case. There’s nothing worse than losing a case or losing out on money you’re owed because you lied.

What happens during the settlement phase?

The good news is that most personal injury claims don’t ever reach a courtroom. They are usually settled before it goes to court.

Here are some things to talk to your attorney about when it comes to the settlement phase:

  • How have settlement amounts and jury verdicts been for other cases that were similar to yours?
  • What are your chances of winning if you do go to trial?
  • Are there any special circumstances that make it harder to try your case in court?
  • What are the strengths and weaknesses of your case? How does the evidence hold up to your claims?
  • What are the strength and weaknesses of your opponent’s case?
  • What does your attorney think your claim is worth – talk specifics, including exact dollar amounts and how that amount compares to the amount you could receive if you went to trial.
  • What is the minimum amount of money you are willing to accept in an effort to avoid going to court?
  • What are the specifics of your opponent’s insurance policy? Are you seeking more than the insurance policy is able to pay out?
  • What about your opponent’s own personal financial resources? Is he or she able to compensate you out of pocket?

 

If there’s anything you learned from reading this, it’s that personal injury cases are very complex legal matters, and they should always be handled by an experienced injury lawyer. If you or someone you love has been injured in a car accident, contact Robert Armstrong’s office today.

 

pain and suffering Robert armstrong personal injury attorney north carolina

When you’re in a serious car accident, the likelihood that you will experience some form of pain and suffering is high. We’ve all heard of pain and suffering, but how do those words play into a personal injury lawsuit?

What is pain and suffering?

Typically, there are two types:

  • Physical pain and suffering – that’s the actual physical pain that comes with injuries sustained in the accident. Physical pain and suffering is not just the pain you experienced during the crash and after the crash. It also takes into account pain and suffering that you are likely to experience in the future because of the accident.
  • Mental pain and suffering – This is more of a “byproduct” of the physical injuries. When you’ve been injured in an accident, you might experience a lot of crippling emotions – anguish, sadness, loss of joy, fear, anger, etc. – all of which can have a negative impact on you and your life. Just like physical pain and suffering, mental pain and suffering not only calculates the mental anguish you felt right after the accident, but also the mental pain and suffering you are likely to experience down the road.

How is pain and suffering factored into your personal injury case?

An insurance company, a judge or a jury is going to look a wide range of things when determining pain and suffering in a personal injury lawsuit.

Here are some of the factors they will consider:

  • Consistency – Does your story stay the same every time you tell it? Are you consistent when you describe your pain?
  • Credibility – Do you have a criminal record? Is there evidence that you have lied at any point during the personal injury case?
  • Likeability – The bad part about this factor is that it’s subjective, but it’s still very important when determining how much money you will receive for pain and suffering. If you don’t consider yourself a “people” person, make sure your highly experienced personal injury attorney spends ample time prepping you for trial or depositions. You should be able to speak openly and clearly about your injuries and the aftermath. This is why it is vitally important for your lawyer to get to know you.
  • Doctor support – Does your doctor’s diagnosis consistent with your claims? Because the award must be based on the severity of the injury, you’ve got to have supporting documents and testimony from health care professionals.

How is pain and suffering calculated?

Although there’s no set in stone law on how to calculate the amount of money a person should receive in a personal injury case, insurance companies sometimes rely on two methods:

  • Multiplier – This means the award is determined by multiplying the actual damages, like medical bills and lost employment wages, by a set number. That number is usually between 1 and 5.
  • Per diem – Insurance companies have also been known to use the per diem method in which they pick a daily amount (like $150, for example) and pay you that amount every day from the day of the accident until you have reached “maximum recovery.”

Regardless of how an insurance company values your claim, it may not be the value that you agree with. That is why it is so important to have a conversation with your lawyer about how the injury has affected you at home, work and the things that you enjoy doing in life. You are not stuck with any amount that an insurance company is willing to offer. That is why our Court system is there.

There’s a lot of information out there on pain and suffering, but no amount of research can make up for having an experienced personal injury lawyer on your side. If you’ve been injured in an accident, contact Robert Armstrong today.