Friday, July 13, 2012

Personal Injury Law

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I have been practicing law in North Carolina since 1. For almost ten years my practice has focused on plaintiff’s claims involving automobile wrecks, slip and fall, medical malpractice and workers’ compensation. Over the past couple of years I have become very concerned about the way personal injury cases (especially automobile wreck cases involving alleged soft tissue injury) are being handled by both plaintiff’s attorneys and insurance company claims adjusters.

I am concerned about the relationships between some attorneys and the medical providers treating their clients. I am also concerned about some claims adjusters getting dangerously close to the unauthorized practice of law and their efforts to discourage injured individuals from seeking legal representation. I have a plan that I believe can slow and eventually stop the downward spiral we all must admit exists in the world of personal injury claims and claims adjusting.

I have ceased my personal injury practice in hopes of seeing my plan implemented. First, we must acknowledge that there are always going to be personal injury claims and there are always going to be abuses on both sides. My plan involves educating the injured party on all aspects of a personal injury claim, including, but not limited to, realistic vs. unrealistic expectations, excessive medical treatment, medical liens and the proper use of medical payments coverage if such coverage exists.

As a licensed attorney, I could legally give such advice to an injured party without the risk of being accused of the “unauthorized practice of law”. I truly believe that if an individual is counseled by an attorney with extensive personal injury experience as to the issues outlined above, the carrier will see claim amounts drop dramatically without the risk of being charged by the plaintiff’s bar with the unauthorized practice of law.

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Obviously, my practice will be independent of the insurance carrier. However, my services will be provided to the carrier on a flat rate basis of $15.00 for a one hour consult. Additional hours or any part thereof will be billed at the rate of $75.00 per hour. Generally a one hour consult will cover all potential issues. In that the carrier will be paying the legal fee, the carrier will be my client and that fact will be communicated to the injured party. I will meet with the injured party alone or in the presence of the carrier/adjuster. Travel will be $1.00 per mile outside of Goldsboro. This mileage rate includes an allowance for food and lodging should the length of the trip require it. As an alternative I am willing to do the consult by telephone.

Should the injured party wish to pay the fee out of their own pocket then that party will be my client and I would meet with them alone. It would be clearly communicated to them that I would not be taking their case as a personal injury attorney but simply advising them on what to expect if they choose to retain counsel.



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