Getting into a car accident can be a traumatic experience, both physically and emotionally. Apart from the pain and suffering, there’s also the added stress of dealing with insurance companies and trying to get the compensation you deserve. That’s where auto accident attorneys like David and Associates come in. These legal experts specialize in helping victims of car accidents get the compensation they deserve. From negotiating with insurance companies to representing clients in court, auto accident attorneys have the skills and expertise to fight for your rights. In this article, we’ll take a closer look at the process of going from negotiation to litigation and explore how auto accident attorneys use their knowledge and experience to help their clients get the compensation they need to move forward after a car accident. So, if you’ve been in a car accident and are wondering how to navigate the legal system, keep reading to learn more.

What happens after an auto accident

After a car accident, the first step is to seek medical attention for any injuries sustained. Once you have received medical treatment, you should report the accident to your insurance company. Your insurance company will then begin an investigation to determine who was at fault for the accident. If the other driver was at fault, their insurance company will be responsible for paying for your damages and injuries. However, insurance companies are often reluctant to pay out large sums of money, and this is where auto accident attorneys come in.

The role of auto accident attorneys in negotiating settlements

Auto accident attorneys like David and Associates can help you negotiate with insurance companies to get a fair settlement. They will review the evidence and determine the value of your case, taking into account medical bills, lost wages, and pain and suffering. Once they have determined the value of your case, they will negotiate with the insurance company on your behalf to get the compensation you deserve. This process can take several months, and it may involve several rounds of negotiations. However, if the insurance company is unwilling to offer a fair settlement, the next step is to file a lawsuit.

When negotiations fail: The process of filing a lawsuit

If negotiations fail, your David and Associates auto accident attorney will file a lawsuit on your behalf. This involves drafting a complaint that outlines the details of the accident and the damages you have suffered. The complaint will be served on the other driver, and they will have a set amount of time to respond. Once the other driver has responded, the discovery process begins.

Evidence gathering in auto accident cases

During the discovery process, both sides will gather evidence to support their case. This may include witness statements, police reports, medical records, and expert testimony. Your David and Associates auto accident attorney will work with you to gather the evidence needed to support your case.

Depositions and testimonies

As part of the discovery process, both sides may also take depositions. This involves giving sworn testimony under oath. Depositions can be taken from witnesses, experts, and the parties involved in the accident. Your auto accident attorney will prepare you for your deposition and will be present to protect your interests.

The trial process

If the case goes to trial, your David and Associates auto accident attorney will represent you in court. They will present evidence and argue your case before a judge and jury. The trial process can be lengthy and complex, but your attorney will be there to guide you every step of the way.

Settlement vs. trial

In some cases, it may be in your best interest to settle the case rather than go to trial. Settlements can be reached at any point during the negotiation or litigation process. Your auto accident attorney will advise you on whether a settlement offer is fair and whether it is in your best interest to accept it.

Choosing the right auto accident attorney

Choosing the right auto accident attorney is crucial to the success of your case. You want an attorney who has experience handling auto accident cases and who has a track record of success. You also want an attorney who will be responsive to your needs and who will keep you informed throughout the process. It’s important to take the time to research potential attorneys and to choose one who you feel comfortable working with. David and Associates are all of this and more!

Conclusion

If you’ve been in a car accident, it’s important to seek legal advice as soon as possible. Call David and Associates, Injury Lawyers Auto accident attorneys can help you navigate the complex legal system and fight for the compensation you deserve. From negotiating with insurance companies to representing you in court, auto accident attorneys have the skills and expertise to help you get the compensation you need to move forward after a car accident. So, don’t hesitate to reach out to a David and Associates, PLLC auto accident attorney if you’ve been in an accident. They can help you get the justice you deserve.

Posted in Car Accidents, Catastrophic Injuries, Distracted Driving Accidents, Drunk Driving Accidents, Firm News, Personal Injury | No Comments »

If you have been injured in an auto accident, you need a personal injury lawyer who will fight for your rights and get you the compensation you deserve. David and Associates Attorneys at Law is the best personal injury law firm for you.

We have over 30 years of experience representing clients who have been injured in auto accidents. We know the law and we know how to get results. We will work tirelessly to get you the maximum compensation for your medical bills, lost wages, pain and suffering, and other damages.

We understand that going through an auto accident can be a very difficult and stressful time. We are here to help you through the process and make sure that you get the care and support you need. We will work with you every step of the way, from filing your claim to negotiating a settlement to going to trial if necessary.

We are dedicated to providing our clients with the best possible representation. We are committed to getting you the compensation you deserve and helping you get your life back on track.

Why Choose David and Associates Attorneys at Law?

There are many reasons why you should choose David and Associates Attorneys at Law for your personal injury case. Here are just a few:

• We have over 30 years of experience representing clients who have been injured in auto accidents.
• We know the law and we know how to get results.
• We will work tirelessly to get you the maximum compensation for your medical bills, lost wages, pain and suffering, and other damages.
• We understand that going through an auto accident can be a very difficult and stressful time. We are here to help you through the process and make sure that you get the care and support you need.
• We will work with you every step of the way, from filing your claim to negotiating a settlement to going to trial if necessary.
• We are dedicated to providing our clients with the best possible representation.
• We are committed to getting you the compensation you deserve and helping you get your life back on track.

If you have been injured in an auto accident, contact David and Associates Attorneys at Law today. We will fight for your rights and get you the compensation you deserve.

Call us right now – 910-251-8088

Posted in Brain Injuries, Car Accidents, Catastrophic Injuries, Construction Accidents, Distracted Driving Accidents, Drunk Driving Accidents, Motorcycle Accidents, Pedestrian Accidents, Personal Injury, Spine Injuries, Truck Accidents, Workers' Compensation, Workplace Injuries | No Comments »

Distracted driving: it’s one of the most dangerous actions on the road, yet people constantly focus on things other than driving. As a result, millions of people suffer injuries in car accidents each year. Because proving causation is so vital, it helps to recognize the three types of distracted driving and how they occur.

Cognitive Distractions

When drivers focus on things other than driving, they lose cognitive abilities. They no longer concentrate on driving and the other vehicles around them and instead think of other things. Cognitive distractions can occur in the following ways:

• A driver experiences highway hypnosis (daydreaming)
• A driver focuses on their loud music and singing
• A driver focuses on their intense conversation on the phone or with a passenger

Manual Distractions

Countless drivers use only one hand on the steering wheel, but this is a dangerous action that can result in severe harm. Manual distractions take at least one of the driver’s hands off the steering wheel. Manual distractions include actions such as eating or drinking, holding a phone and talking, reaching for the radio, or reaching in the backseat for something.

Visual Distractions

The moment a driver looks away from the road, they are considered visually distracted.

Some of these actions include:

• Looking at a phone
• Looking towards passengers
• Looking at something on the side of the road

A visual distraction that occurs for at least 5 seconds while driving 55 miles per hour is enough to travel the length of a football field without seeing what’s in front of them.

At David & Associates, Attorneys at Law, PLLC, we care about getting you results when you need them most. Our Wilmington car accident lawyers commit to providing you with the highest level of representation during one of the most challenging times of your life. Let us be your voice and pursue the maximum compensation you deserve after a distracted driving accident.

Call us at 910-251-8088 today, and discover your options in a free consultation.

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A drunk driving accident can be one of the most devastating for numerous reasons. Of course, the impact of the crash is enough to cause long-term concern. It’s often the immediate aftermath of the collision that becomes a very challenging situation.

Intoxication impacts individuals in numerous ways—one of which can mean increased aggression. As such, you should be careful when approaching a drunk driver after a crash. Here are some tips you can utilize to protect yourself in the aftermath of a drunk driving crash.

Contact Law Enforcement Quickly

Not everyone knows when to call a law enforcement officer to an accident scene, but if you believe the other driver is intoxicated, it’s vital to report it. Having a law enforcement officer on the scene helps in numerous ways and prevents the situation from becoming contentious or argumentative.

Law enforcement officers can also detail the evidence that points to the other driver’s intoxication. If the police report details an illegal blood alcohol content level, it can help aid your civil case and allow you to hold the drunk driver accountable for your damages.

Avoid Approaching a Drunk Driver

Drunk drivers can be aggressive. They may be upset about the crash and approach you in a threatening manner. After you notify law enforcement, let them know that you believe the other driver is drunk and proceed to stay at the scene and proceed with caution.

While law enforcement officers deal with the other driver, seek any witnesses who can help you build your case.

As always, we encourage you to reach out to our Wilmington car accident attorneys to understand your rights. At David & Associates, Attorneys at Law, PLLC, we focus on protecting your rights and pursuing maximum compensation on your behalf. We put our experience on your side to help you get the results you deserve.

Call our firm today at 910-251-8088 to schedule your free consultation.

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The winters in Wilmington and throughout North Carolina can be dangerous when it comes to driving. Unfortunately, several crashes occur because individuals don’t consider the weather conditions, holidays, and other problems that increase the risk of negligence.

If you suffer injuries in a winter accident, it’s vital to recognize causation. Proving someone is liable for your harm means understanding the cause. Below, we’ll detail the most common car accidents in winter and how negligence plays a factor.

Around this time of year, some of the biggest dangers to look out for include:

• Weather-related crashes
• Drunk drivers
• Rideshare drivers

Call our firm at 910-251-8088 if you suffer injuries in a crash involving negligence.

Weather-Related Crashes

We know that winter often means rainfall and other issues that can make it challenging for drivers to stay safe. Far too often, drivers don’t consider the weather when they should drive safe for the conditions. When they don’t drive safe for the road conditions, they may be negligent and responsible for any damages they cause.

Negligence exists in weather-related crashes in the following situations:

• Exceeding the speed limit or not slowing down when the weather conditions call for it.
• Not maintaining a vehicle to ensure windshield wipers, tires, and brakes are safe for the weather conditions.
• Swerving from lane to lane with minimal visibility.

While the weather can create a crash, it’s still on drivers to ensure they do everything possible to keep safety a top priority and prevent others from suffering harm.

Drunk Drivers

Around this time of the year, multiple holidays increase the possibility of crashes occurring. While Memorial Day and Independence Day are two of the most dangerous holidays, the long weeks and weekends surrounding Thanksgiving and Christmas often see hundreds to thousands of crashes. A majority of these crashes result from drunk driving.

Drunk driving can cause several problems, especially when you consider how intoxication impacts someone:

• Reduced decision-making abilities
• Impaired vision
• Fatigue
• Coordination and balance issues
• Depth perception

All of these effects can lead to a drunk driver causing a severe crash and subsequent injuries. Alcohol is a factor in nearly 40% of the collisions that occur each year. These individuals are some of the most negligent, resulting in some of the most severe injuries.

Rideshare Drivers

Rideshare drivers are some of the most dangerous because they encounter several distractions when they’re behind the wheel of their vehicle. Distractions start when the driver receives a notification that they have a new passenger waiting for them. From there, the biggest distraction is the driver scanning sidewalks for their next fare.

Rideshare drivers may also be unfamiliar with an area. They may not know traffic patterns, high traffic areas, and other troubles. As a result, rideshare drivers may make illegal U-turns, stop where they shouldn’t, or miss traffic signals entirely.

When someone else causes you to suffer severe injuries, we work to help you understand your options. At David & Associates, Attorneys at Law, PLLC, we go above and beyond so that you can pursue maximum compensation for the severe injuries you suffer as a result of negligence. It’s our top priority to help you get medical attention and justice, allowing you to live as high a quality of life as possible.

Our Wilmington car accident attorneys have represented injured clients throughout North Carolina since 1988. We provide a range of services, including free consultations, rental car assistance, help with medical care, and with your damaged vehicle.

Let us be your partners during a challenging situation, protecting you from large companies and their employees who try and use tactics to minimize your claim.

Call our firm today at 910-251-8088. We offer free consultations to help you understand your rights and seek the most favorable outcome possible.

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When you file a workers’ compensation claim, you go through insurance companies. Insurance companies focus on profits instead of people, especially when it requires them to pay out large amounts of money to settle your injury claim.

Because insurance companies focus heavily on protecting profits, they often deny claims when they shouldn’t. Unfortunately, so many claimants look at claim denial and consider it the final word. Before you accept the denial, know that you can file an appeal to seek the outcome you deserve.

Get a Lawyer to Help You

Before you attempt another go at your claim, be sure to speak with a lawyer about your options. In many situations, a denial occurs because of minor errors within the paperwork. A lawyer can help you prepare your documentation correctly and accurately, using extensive evidence to help improve your case.

If the insurance company attempts to use devious tactics against you to try and deny your claim, a lawyer can help combat them. Working with legal counsel helps safeguard your rights while putting together the necessary evidence to improve your chances of obtaining a more favorable result.

Claim Denials Can Be Cause for Concern – Don’t Panic

If you receive a denial from the insurance company, it’s easy to lose hope in your claim. Before you do, though, don’t panic. You can discuss the details of your case with a lawyer and learn the most effective ways to move forward favorably. You should also avoid accepting low settlements from insurance adjusters who are not looking out for your best interests.

At David & Associates, Attorneys at Law, PLLC, we know you have needs after a workplace injury. You never want to go through any concerning issue alone. Our Wilmington workers’ compensation attorneys are here to help guide you through the entire process, helping you understand your rights and pursuing the compensation you deserve.

Call our firm today at 910-251-8088 and get the representation you need!

Posted in Workers' Compensation | No Comments »

Losing any amount of income can threaten your financial stability. After a workplace injury, you may not know where your income will come from, but you have options. While you may obtain workers’ compensation benefits, the situation becomes a bit more complicated when you recover from your injury and can return to work.

In some cases, you can work again, but you may have restrictions. As a result, your employer may lower your wage based on your new position. This difference is often a cause of concern for many workers, but it’s crucial to recognize your options.

Call our firm at 910-251-8088 today.

Partial Disability Benefits

In North Carolina, workers have the legal right to pursue partial disability benefits through workers’ compensation. Benefits can cover partial disability benefits permanently or temporarily, depending on your injury’s severity. Here’s how partial disability benefits work:

• Temporary partial disability (TPD): An injured worker may recover temporary partial disability benefits if they can return to work at a reduced wage. Partial benefits only last a specific number of weeks. The claimant may recover two-thirds of the difference between their previous wage and their new income.
• Permanent partial disability (PPD): An injured worker may recover permanent partial disability benefits if they reach Maximum Medical Improvement and still cannot return to their previous position at a full wage. Each body part is assigned a scheduled rating that determines how much a person may recover and how many weeks they may receive benefits.

Working with a Wilmington Workers’ Comp Lawyer

At David & Associates, Attorneys at Law, PLLC, we’re well aware that workplace injuries are often devastating. They cause emotional, physical, and financial impairments for which you can never prepare. Our Wilmington workers’ compensation attorneys are ready to stand by your side.

We’ll work to help you understand your rights, file a claim on your behalf, and pursue the benefits you deserve. Trust that we know how to handle these cases, and we’ll work hard when you need us most.

For a free consultation, call our firm today at 910-251-8088.

Posted in Workers' Compensation | No Comments »

It is never easy to suffer a severe injury, but it’s often more devastating to do it in your place of work, where you expect to be safe. Unfortunately, countless work injuries occur each year, putting workers at risk of severe and long-lasting harm.

Not only must you endure your physical pain and emotional trauma after a workplace injury, but you must also deal with financial concerns. As such, you should be sure to file a workers’ compensation claim after you suffer harm. Workers’ compensation benefits are helpful — and often necessary — for numerous reasons, especially if you can no longer work because of your injuries.

Here are just a few of the benefits you can recover with workers’ compensation:

• Medical bills
• Travel expenses
• Lost income
• Death benefits

Call our firm today at 910-251-8088 if you suffer injuries at work and need to pursue workers’ compensation benefits.

Medical Bills

Any injury would require you to receive long-term medical care, including procedures, prescription medication, therapy, specialized medical equipment, and more. While you may have health insurance through your employer, workers’ compensation can help cover medical bills that your policy may not cover.

Typically, your workers’ compensation benefits will cover medical expenses that you may need to pay until you can return to work — either partially or in whole.

Travel Expenses

If you must travel to your doctor and other medical professionals to treat your injuries, workers’ comp benefits may reimburse you for your expenses. You can seek benefits for mileage, gas, and additional costs you endure traveling to and from your doctor appointments.

Lost Income

Unfortunately, when you suffer a workplace injury that prevents you from doing your job, you cannot earn the wage to which you became accustomed. Your expenses can start to add up quickly, and without pay each week or every other week, it can put you in a challenging situation. You need to be able to earn an income from somewhere.

Workers’ compensation benefits can cover a portion of your income for the duration of time you are out of work. While it may not be as much as you typically earn, it can help you financially cover many of your out-of-pocket costs.

Death Benefits

If the workplace accident results in your loved one’s death, laws allow workers’ compensation benefits to cover death benefits. These death benefits help cover the costs of funeral and burial expenses, lost guardianship, lost consortium, and more.

Typically, workers’ compensation insurance will pay death benefits to the decedent’s surviving spouse, children, or other dependents. Benefits can also cover two-thirds of the deceased employee’s average weekly wage to the decedent’s family.

Keep in mind, workers’ compensation claims can be complicated. It is not easy to handle workers’ comp claims alone, and it’s helpful to have a skilled and experienced advocate on your side. Choosing the right lawyer to help with every step of the process can give you confidence and peace of mind in pursuing the compensation you rightfully deserve.

At David & Associates, Attorneys at Law, PLLC, we put your rights as a worker first. Our goal is to provide you with the counsel you need to move forward effectively. You can trust our Wilmington workers’ compensation attorneys to help you understand your rights and options. We can help you build a solid case to file your workers’ compensation claim.

We’ll focus on your legal goals so that you can recover from your injuries. Trust that we’ll be your voice during the most challenging times, helping you take the proper steps after a workplace accident to safeguard your rights.

Call our firm today at 910-251-8088. We’re ready to pursue the justice and compensation you rightfully deserve after a workplace accident.

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As a driver, it’s on you to stay as safe as possible. While you can never fully predict another driver’s actions, you can do things on your own that help you avoid harm. Below, we’ll provide you with some essential defensive driving tips to help you whenever you get behind the wheel of your vehicle.

Always Give Enough Space

Never follow too closely to the vehicle in front of you. It’s nearly impossible to predict how they will react, and if you’re too close when the driver slams on their brakes, you can run into them at high rates of speed. The damage stemming from this type of crash can be catastrophic to you and the other driver.

Follow the Laws of the Road

Posted speed limits and traffic signs exist for a reason. They are designed to keep you safe. If you don’t follow the laws, the problems can go beyond getting a ticket. You can cause a severe collision that results in harm to you and others on the road.

Indicate Your Intentions

Whatever you call them—blinkers or indicators—they are there for you to use whenever you’re driving. You use them to indicate when you are going to merge lanes or turn. By using them, you give the driver behind you an idea of your intentions to avoid a crash. When you use your blinkers, you give other drivers a chance to slow down and allow you room to do what you’re going to do.

Avoid Any Distractions

No matter how comfortable you may feel, never drive with distractions present. Whether you have passengers in the car with you, receive a text, or like to listen to music, do everything you can to remove distractions. It’s easy for any distraction to lead to a catastrophic collision and subsequent harm.

Unfortunately, all the defensive driving tips in the world only work so much if other drivers are negligent. When someone else causes you to sustain harm in a crash, you can work with our Wilmington car accident attorneys at David & Associates, Attorneys at Law, PLLC to safeguard your rights. Our team will pursue the compensation you deserve when you need it most.

Contact us at 910-251-8088 today to learn more about your rights.

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In North Carolina, car accident claims follow an at-fault system that allows you to hold someone else accountable when they cause a crash and subsequent injuries. Because of this, proving causation is an instrumental part of showing liability.

Causation can be complicated, but you can look for specific signs after the crash when you know some of the significant causes of car accidents. Below, we’ll explain three leading causes of collisions and what you can do to protect your rights.

Distracted Driving

Distracted driving occurs in three different ways: cognitive, manual, and visual.

• A cognitive distraction keeps your mind and focus off driving.
• A manual distraction causes the driver to remove a hand from the steering wheel.
• A visual distraction causes the driver to look away from the road (e.g., looking at passengers).

When people think of distracted driving, most immediately think of texting and driving, which create all three forms of distractions.

Drunk Driving

We know how alcohol impacts a person: impaired vision and decision-making, issues with depth perception, and more. Unfortunately, when someone consumes alcohol and decides to drive, they may swerve between lanes, brake erratically, and create numerous dangers on the road.

Speeding

Even though most roads and highways have posted speed limits, not all drivers abide by the laws. They drive much faster than they should, creating potential hazards. Someone who is speeding may not have the time to stop when approaching traffic, and it may be easier to lose control. Unfortunately, speeding causes countless accidents each year.

If someone causes you harm in a negligence-related crash, our Wilmington car accident lawyers are here to help. At David & Associates, Attorneys at Law, PLLC, we handle everything from start to finish. Let us be your guide through complex legal matters to pursue the maximum compensation you deserve.

Call our firm today at 910-251-8088. We offer free consultations to give you answers when you need them most.

Posted in Car Accidents, Distracted Driving Accidents, Drunk Driving Accidents | No Comments »