Personal Injury Claim Process in Charlotte NC

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Personal Injury Claim Process in Charlotte NC

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Charlotte, North Carolina, is a growing city with exponential population and business growth over the last decade. While this growth has benefited the city and its residents, it has also increased the number of personal injury cases. Personal injury claims are serious and can have a long-lasting impact on your life. If you have been involved in a car accident, dog bite, or another personal injury incident in Charlotte, you should seek legal advice as soon as possible.

At The Law Offices of Jason E. Taylor, we understand that you may face several questions after being involved in an accident. We are here to help answer those questions and provide the information you need to make informed decisions about your legal rights. Contact us today for a free consultation.

What is a Personal Injury Claim?

A personal injury claim is a legal process used to recover financial compensation for anyone injured due to the negligent, careless, or wrongful actions of another individual, government agency, business, or any other entity. It can be a tricky process with plenty of moving parts that can quickly get confusing if you’re unfamiliar with the steps involved.

Hiring a Charlotte Personal Injury Lawyer

The first step to pursuing a claim is choosing a skilled personal injury attorney. You should be able to find one through a quick on-line search, you can ask friends who have been in similar situations for recommendations, or you can use the North Carolina State Bar Association.

Once you have decided on a lawyer, you must trust them completely; this will make your life much easier when settling your case.

What to Look For in Your Charlotte, NC Lawyer

There are several factors to consider when looking for an attorney to represent you in a personal injury claim. Experienced representation is a significant factor if your case goes to trial. While many lawyers have experience with insurance companies and the legal system, they must also know how to handle your specific case. Some other qualities you should look for when retaining a personal injury attorney include the following:

  • Knowledge of the Law – Your attorney should know the ins and outs of North Carolina injury law. They will understand the statute of limitations, which party or parties need to be named if you end up having to file a lawsuit, and what types of damages are recoverable.
  • Communication Skills – Skilled personal injury attorneys listen carefully before speaking to fully understand what their clients need from them. They can also explain things clearly so that their clients know exactly what is going on and why.
  • Flexibility – Lawyers understand that each case is unique and that no two clients have the same needs. They will work with you to create a plan of action that meets your individual goals while also being sensitive to any special circumstances that may arise as the case progresses.

Personal Injury Law in North Carolina

Personal injury law is a broad category that includes a range of legal practices concerned with personal injuries, such as those caused by negligence or intentional conduct.

In North Carolina, there are many ways in which you can be injured as a result of another person’s negligence. These include:

  • Motor vehicle accidents – Some of the most common personal injury cases involve motor vehicles, which can result in serious injuries or even death. If you’ve been injured in an automobile accident because the other driver was negligent, you may have grounds for filing suit against them.
  • Medical malpractice – Medical providers must provide safe and appropriate treatment to their patients; when they fail to meet these standards, patient care suffers. As a result, patients may seek compensation through medical malpractice lawsuits.
  • Slip-and-fall accidents – Slip-and-fall accidents typically occur due to poor maintenance or unsafe conditions on someone else’s property; if this happens at any point during your visit, it could constitute negligence on behalf of the owner.

Remember, the statute of limitations for personal injury cases in North Carolina is typically three years from the accident date. You have three years from your accident to settle your claim or file a lawsuit against the responsible party to toll the statute of limitations. If you fail to do so, you could permanently lose your right to compensation. It is important to talk to your lawyer about the statute of limitations in your particular case.  

Understanding the Personal Injury Claim Process in Charlotte, NC

Understanding the personal injury claim process in Charlotte, North Carolina, is crucial because it will help you know what to expect and how long it will take to get through each stage of your case.

Demand Letters

A demand letter is a formal letter written by the attorney to the insurer of the at-fault party. It informs the defendant of the nature of the plaintiff’s claim. With a demand letter, the injured party lays out their argument to the insurance company for why they should pay for the damages. This may include the following:

  • Why the defendant is legally responsible
  • A summary of the injuries suffered
  • What medical treatment was required, and the cost of the associated medical bills
  • How much income the plaintiff lost because of time off work
  • Other damages suffered, such as pain and suffering

The insurance company may review the claim and decide to pay, or they may deny the claim. Insurers often deny claims because:

  • Fault is disputed
  • Lack of evidence to support the claims being made
  • Allegations the injured individual’s injuries weren’t caused by the accident

If the insurer won’t pay the claim or offers a lower settlement than the claim is worth, the next step would be to file a complaint (lawsuit).

Filing a Complaint

A complaint is a formal request to the defendant and the court that a personal injury lawsuit is being filed in which the plaintiff seeks compensation for damages. A case can be filed against a business, government agency, or private citizen. In certain cases you can even file directly against the insurance company.  

Once the complaint is filed, you and your attorney have to serve the complaint on the defendant. There are many ways service on the defendant can be achieved. The defendant then has 30 days to respond to the complaint. If they fail to do so, the court will award an entry of default in the plaintiff’s favor. In most cases, the defendant will respond by filing an answer to the complaint, and the claim will proceed as usual.

The Discovery Process

The discovery process is an integral part of your personal injury case. This process allows both you and the defendant to collect evidence that will be used during court. During discovery, both parties’ attorneys will gather evidence, investigate the claim, speak to witnesses, and question the parties involved.

For example, in cases of car accidents, evidence will be collected and reviewed, including police reports, medical records, photographs of the scene and vehicles involved, witness statements about what happened before and after the accident, any video footage taken at the time of the incident, such as security cameras, and so on.

Settlements for Personal Injury Claims in Charlotte, NC

If you have been injured and are interested in pursuing a personal injury claim, it is important to know that most claims do not go to trial. The majority of cases are settled before trial, often during mediation. Mediation is an opportunity for the parties to come together and discuss their case in an open setting in an attempt to settle the claim without having to go to trial.  

If you decide to hire an attorney after being injured, they may be able to help get you a better settlement offer than what you would receive if negotiating directly with the other side’s attorney. However, every case is different, and there is no guarantee of how much money might be offered at this stage.  Sometimes, there are no offers, like when the claim is denied, and trial is the only option.

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Contact the Charlotte Personal Injury Lawyers at The Law Offices of Jason E. Taylor

Call the Law Offices of Jason E. Taylor for a free consultation if you have been injured because of someone else’s negligence. We represent personal injury claimants throughout North Carolina, including Charlotte, Mecklenburg County, Gastoniaand Concord,

301 S McDowell St #1016
Charlotte, NC 28204

Phone: (704) 676-1093
Toll Free: (800) 351-3008

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120 3rd St NE
Hickory, NC 28601

Phone: (828) 327-9004
Toll Free: (800) 351-3008

301 S McDowell St #1016
Charlotte, NC 28204

Phone: (704) 676-1093
Toll Free: (800) 351-3008

130 Church St NE
Concord, NC 28025

Phone: (704) 787-9419
Toll Free: (800) 351-3008

1348 Ebenezer Rd Suite 103
Rock Hill, SC 29732

Phone: (803) 980-5300
Toll Free: (800) 351-3008

The Law Offices of
Jason E. Taylor, P.C.
Charlotte Injury Lawyers & Attorneys at Law

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Notice of Data Security Event
Updated March 28, 2025

The Law Offices of Jason E. Taylor is providing notice of an event that may affect certain individuals’ information. Although we have no indication of identity theft or fraud in relation to this event, we are providing information about the event, our response, and additional measures individuals can take to help protect their information, should they feel it appropriate to do so.

What Happened? On October 28, 2024, The Law Offices of Jason E. Taylor identified suspicious activity related to our email system. We quickly took steps to investigate and determined that an unknown actor may have accessed certain emails within our email system between August 7 and November 7, 2024. We then conducted a comprehensive review of the potentially affected emails and attachments to determine what information was contained therein and to whom the information related, which was completed on February 25, 2025. Unfortunately, we were unable to verify the addresses of certain affected individuals, so we are providing this notice to ensure potentially affected individuals receive information about the event.

What Information Was Involved? The information affected may include individuals’ Social Security number, driver’s license and state ID information, financial account number, and health information.

What We Are Doing. We are notifying individuals about this matter and providing guidance about free resources that are available to assist with monitoring relevant accounts, credit reports, and how to place a fraud alert or security freeze on one’s credit file. Further, as with our typical security practices, we will continue to evaluate our policies, procedures, staff training, and technical security measures to reduce the likelihood of an event like this reoccurring.

What Individuals Can Do. We encourage you to remain vigilant against incidents of identity theft and fraud by reviewing your account statements and monitoring your free credit reports for suspicious activity and to detect errors. We also recommend you review the below “Steps Individuals Can Take To Help Protect Personal Information”.

For More Information. If individuals have questions about this matter, we have a dedicated assistance line with agents ready to answer their questions. Please contact our toll-free dedicated assistance line at 1-800-939-4170, Monday through Friday from 9 a.m. through 9 p.m., excluding holidays. You may also write to us at The Law Offices of Jason E. Taylor, Attn: Compliance, P.O. Box 2688, Hickory, NC 28603.

Sincerely,

The Law Offices of Jason E. Taylor

STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT PERSONAL INFORMATION

Monitor Your Accounts

Under U.S. law, a consumer is entitled to one free credit report annually from each of the three major credit reporting bureaus, Equifax, Experian, and TransUnion. To order a free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228. Consumers may also directly contact the three major credit reporting bureaus listed below to request a free copy of their credit report.

Consumers have the right to place an initial or extended “fraud alert” on a credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If consumers are the victim of identity theft, they are entitled to an extended fraud alert, which is a fraud alert lasting seven years. Should consumers wish to place a fraud alert, please contact any of the three major credit reporting bureaus listed below.

As an alternative to a fraud alert, consumers have the right to place a “credit freeze” on a credit report, which will prohibit a credit bureau from releasing information in the credit report without the consumer’s express authorization. The credit freeze is designed to prevent credit, loans, and services from being approved in a consumer’s name without consent. However, consumers should be aware that using a credit freeze to take control over who gets access to the personal and financial information in their credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application they make regarding a new loan, credit, mortgage, or any other account involving the extension of credit. Pursuant to federal law, consumers cannot be charged to place or lift a credit freeze on their credit report. To request a credit freeze, individuals may need to provide some or all of the following information:

1. Full name (including middle initial as well as Jr., Sr., II, III, etc.);
2. Social Security number;
3. Date of birth;
4. Addresses for the prior two to five years;
5. Proof of current address, such as a current utility bill or telephone bill;
6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, etc.); and
7. A copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft if they are a victim of identity theft.

Should consumers wish to place a credit freeze or fraud alert, please contact the three major credit reporting bureaus listed below:

Equifax Experian TransUnion
https://www.equifax.com/personal/credit-report-services/ https://www.experian.com/help/

https://www.transunion.com/credit-help
1-888-298-0045 1-888-397-3742 1-800-916-8800
Equifax Fraud Alert, P.O. Box 105069 Atlanta, GA 30348-5069 Experian Fraud Alert, P.O. Box 9554, Allen, TX 75013 TransUnion Fraud Alert, P.O. Box 2000, Chester, PA 19016
Equifax Credit Freeze, P.O. Box 105788 Atlanta, GA 30348-5788 Experian Credit Freeze, P.O. Box 9554, Allen, TX 75013 TransUnion Credit Freeze, P.O. Box 160, Woodlyn, PA 19094

Additional Information

Consumers may further educate themselves regarding identity theft, fraud alerts, credit freezes, and the steps they can take to protect their personal information by contacting the consumer reporting bureaus, the Federal Trade Commission, or their state attorney general. The Federal Trade Commission may be reached at: 600 Pennsylvania Ave NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261. The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them. Consumers can obtain further information on how to file such a complaint by way of the contact information listed above. Consumers have the right to file a police report if they ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, consumers will likely need to provide some proof that they have been a victim. Instances of known or suspected identity theft should also be reported to law enforcement and the relevant state attorney general. This notice has not been delayed by law enforcement.

For District of Columbia residents, the District of Columbia Attorney General may be contacted at: 400 6th Street, NW, Washington, DC 20001; 1-202-442-9828; and oag.dc.gov.

For Maryland residents, the Maryland Attorney General may be contacted at: 200 St. Paul Place, 16th Floor, Baltimore, MD 21202; 1-410-576-6300 or 1-888-743-0023; and https://www.marylandattorneygeneral.gov/.

For New Mexico residents, consumers have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in their credit file has been used against them, the right to know what is in their credit file, the right to ask for their credit score, and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting bureaus must correct or delete inaccurate, incomplete, or unverifiable information; consumer reporting agencies may not report outdated negative information; access to consumers’ files is limited; consumers must give consent for credit reports to be provided to employers; consumers may limit “prescreened” offers of credit and insurance based on information in their credit report; and consumers may seek damages from violators. Consumers may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active-duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act. We encourage consumers to review their rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580.

For New York residents, the New York Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; or https://ag.ny.gov.

For North Carolina residents, the North Carolina Attorney General may be contacted at: 9001 Mail Service Center, Raleigh, NC 27699-9001; 1-877-566-7226 or 1-919-716-6000; and www.ncdoj.gov.

For Rhode Island residents, the Rhode Island Attorney General may be reached at: 150 South Main Street, Providence, RI 02903; 1-401-274-4400; and www.riag.ri.gov. Under Rhode Island law, individuals have the right to obtain any police report filed in regard to this event.
STEPS INDIVIDUALS CAN TAKE TO HELP PROTECT A MINOR DEPENDENT’S PERSONAL INFORMATION

Typically, credit reporting agencies do not have a credit report in a minor’s name. To find out if a minor has a credit report or to request a manual search for a minor’s Social Security number each credit bureau has its own process. To learn more about these processes or request these services, consumers may contact the credit bureaus by phone, writing, or online:
Equifax Experian TransUnion
https://www.equifax.com/personal/help/article-list/-/h/a/request-child-credit-report/
https://www.experian.com/help/minor-request.html
https://www.transunion.com/fraud-victim-resources/child-identity-theft

1-800-685-1111 1-888-397-3742 1-800-916-8800
P.O. Box 105788
Atlanta, GA 30348-5788 P.O. Box 9554
Allen, TX 75013 P.O. Box 2000
Chester, PA 19016

To request information about the existence of a credit file in a minor’s name, search for a minor’s Social Security number, place a security freeze or fraud alert on a minor’s credit report (if one exists), or request a copy of a minor’s credit report consumers may be required to provide the following information:
● A copy of their driver’s license or another government issued identification card, such as a state identification card, etc.;
● Proof of address, such as a copy of a bank statement, utility bill, insurance statement, etc.;
● A copy of the minor’s birth certificate;
● A copy of the minor’s Social Security card;
● The minor’s full name, including middle initial and generation, such as JR, SR, II, III, etc.;
● The minor’s date of birth; and
● The minor’s previous addresses for the past two years.

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