Thank you for contacting our office. I am sorry to hear that you were involved in an automobile accident and sustained injuries. I would be happy to meet with you to discuss if it may benefit you to have an attorney represent you in your claim. There is no charge for the consultation. Remember not to sign a release or give a recorded statement until you speak with an attorney. Please call my direct line at 336-714-2851. I look forward to meeting with you.
I developed a terrible infection in my toe from a pedicure at local nail salon. I recently found out the salon does not have professional insurance that would cover medical bills. What can I do?
I am so sorry to hear about the problems you’ve had visiting a local nail salon. If the nail salon does not have insurance, you can first request that they reimburse you directly for any medical bills you’ve had to pay. They may be willing to do this for you. If they are not willing to pay for your medical expenses, another option would be to file a claim against them in small claims court. The number to the small claims division of Forsyth County Courthouse is 336-779-6319. They will have information about filing fees and forms you would need. If you decide you need to go that route, I would recommend getting copies of all of your medical records and expenses as well as any photos you have of your injuries. Please call me at 336-714-2851 if you have any questions. Thanks for asking Mike Lewis.
I was awarded a judgment in a civil action against the defendant to the amount of over $25,000. As of now, I have not received any payment from the defendant. What action can be taken in order for me to receive payment?
Thank you for contacting our office about possible legal representation. Our law firm primarily focuses in the areas of personal injury, workers’ compensation, and Social Security disability. Unfortunately, I would not be able to advise you about how to proceed to collect on the award against this defendant. I would recommend you contact the North Carolina Bar Referral Service at 800-662-7660. They should be able to provide you with the names and contact information for attorneys in this area that could help you. Again, thank you for contacting our office. Please do not hesitate to contact us in the future if you think you could benefit from our services.
On a vacation with my family, we went to a shopping center. While browsing through the store, one of the wooden boards on the floor broke as I stepped on it causing my whole leg to go through it, twisting my knee. I went to a doctor, was on crutches for a few days and off of work for an entire week. I have bruising and internal inflammation. The company has yet to contact me as they said they would. Is there anything that you can do to help me?
I am sorry to hear that your vacation was interrupted by your injury at this shopping center. You may have a claim against the owners of the shopping center for your injuries and the time you had to miss from work. I believe our office can assist you. If you have not done so, please make sure you fill out an incident report with the shopping center. It is important for you to follow up with the treatment your doctor has recommended so that he can determine the extent of your injuries. If you were able to get any pictures of the place where you fell, please make sure you save them and bring them to our office. We can schedule a consult at your convenience. There is no charge for the consultation. I look forward to meeting you.
I was rear-ended while stopped at a stoplight. My car was totaled and the insurance company paid for it. They only want to pay $5000 over original medical costs but I still do not have enough for treatment. Can you help?
Thank you for contacting our office about possible legal representation. I would be happy to speak with you at your convenience about your claim. After getting some additional information from you, I’ll be able to let you know if I think you would benefit from hiring an attorney to assist you with your claim. Since you are not satisfied with the insurance company’s offer, please do not sign a Release of All Claims or General Release until you have talked with an attorney. Please call my direct line at 336-714-2851. I look forward to speaking with you.
I received a letter denying my Social Security last week. I think I need help to appeal. Can you help me?
Thank you for contacting our office. We may be able to help you with your Social Security claim. We are often able to help our clients file an appeal after they are denied Social Security benefits. It is important to look at the date on your denial letter. You will have 60 days from the date of your denial letter to file an appeal. If you miss that deadline, you will most likely have to start the process over with a new application. An appeal can be filed at your local Social Security office, online at www.ssa.gov or over the telephone 800-772-1213. I would like to speak with you to determine if we can help you with your appeal. There is no fee for the consultation. I look forward to hearing from you.
I have depression and PTSD. Would I be able to receive Social Security Disability?
You can collect Social Security Disability (SSD) or Social Security Income (SSI) benefits for mental health conditions as well as physical conditions. Eligibility for Social Security benefits depends on a number of factors. Our Social Security department would need to speak with you and gather information about your work history and medical treatment to determine if you may be eligible for benefits. Please call our office at 877-970-4447 for a free case evaluation. Thanks for asking Mike Lewis!
What is med-pay coverage and how do I know if I have it? Is it important?
Yes, medical payments coverage is very important and economical. You will be glad that you have chosen to take this type of additional coverage if you are ever in an auto accident.
Medical payments coverage is optional insurance coverage in North Carolina you can purchase as part of your automobile insurance policy. It is designed to reimburse you and your passengers for medical expenses resulting from an accident in your vehicle, and in some cases for an accident when you are in another vehicle, regardless of who was at fault. Medical payments coverage typically comes in amounts of $1,000, $2,000, or $5,000. You can find out if you have medical payments coverage by contacting your insurance agent. Your agent should be able to help you file a claim and collect your medical payments coverage. Do keep in mind you can only recover medical payments coverage up to the amount of your actual expenses. If you have any further questions, please contact our office at 877-970-4447.
Depression is a condition that qualifies for disability benefits under the Social Security Act. As with nearly all medical conditions that the Social Security Administration considers in determining disability, the primary issue is how it limits an individual’s ability to function. Social Security primarily looks at it in terms of the effect on a person’s ability to understand and carry out instructions, to interact with others, and to attend and concentrate. Other factors include fatigue and loss of interest in doing things, i.e., caring for yourself, leaving your home, or any activity that would affect your work performance.
I hope this helps. If you have any further questions, please contact our office at 877-970-4447.
I was in a car accident recently that was partly my fault. I looked down to send a text to my mom and rear ended the car in front. The car that was behind me then rear ended me also and did damage to my car. Is there any way I can recover damages done to my car?
Yes, if you have collision coverage on your auto insurance policy you can make a claim with your insurance company to get your vehicle fixed. If the accident has not been reported to your insurance company, then you will need to call their claims department and make a claim. You will have an adjuster that is assigned to work on resolving your claim. It usually takes a couple of weeks to get a property damage claim resolved. Make sure to follow up with the adjuster frequently about your claim.
How is it decided what the government will pay me if they decided to come and take my house by eminent domain?
Both the US and North Carolina Constitutions require that the property owner must be paid “just compensation.” This means they should receive the market value of the property. This is based on different real estate valuations, including comparing your property to those around it.
How often are Social Security clients whose main claim deals with depression found to be disabled under SSD laws?
The Social Security Administration looks at disability claims on a case-by-case basis. Each claim is assessed based on the severity of the person’s condition and their ability to work. Depression, just like with any physical disability, must meet the severity requirements set forth in the list of disabled conditions. If you suffer from debilitating illnesses, please give us a call at 877-970-4447 to see if we can help you receive Social Security benefits?
I have depression and it’s starting to get in the way of my life. It’s hard for me to get motivated to get dressed and go to work. I think I need some assistance. Is there a sure way to get Social Security Disability benefits?
I’m sorry you are having a hard time, but there is no “sure way” to get disability benefits. Each case is examined closely and based on each individual’s issues, they decide if you are disabled or not. Submit a claim to your local Social Security office in order to have your case examined. Once your claim is filed, feel free to give us a call in order to have us help you.
My 21 year old daughter, who is currently living with us, was in an accident last week. She was hit by a drunk driver. My daughter suffered a broken arm, a broken leg and 3 cracked ribs. The drunk driver who hit her had a revoked license and no insurance. Is there anything we can do?
I’m sorry to hear about your daughter. I hope she is doing well. The good news is that she should be covered under your household auto insurance policy, your medical payments policy and your under insured motorist coverage. This type of coverage is specifically meant to protect you in this type of situation particularly when a member of your family is hit by someone with no auto insurance coverage. Please call me if I can be of any further assistance.
I’m 42 years old and have been out of work because of a medical condition for 2 years and have been receiving disability benefits. Social Security says they are going to review my medical condition. How often can they do this?
Continuing disability investigations can occur at varying intervals. The frequency often depends upon the nature of your impairment and the resources available to Social Security to conduct the investigations. The first standard is whether your condition has medically improved. If SSA determines that it has, then it must determine whether you are disabled under other criteria. You are entitled to a hearing at reconsideration and the administrative law judge level. If you request that your benefits be continued within 10 days of the notice of cessation, pending the outcomes of the hearings. You may be asked to repay them if you are ultimately denied. You may want to contact a Social Security attorney or knowledgeable advocate to guide you. Thanks for contacting Ask Mike Lewis. Please contact us at 877-970-4447, we’d be delighted to help.
I have a question about my Social Security benefits. I am 45 years old and want to try to go back to work. Can I work and still receive Social Security disability benefits?
SSA provides various work incentives that are confiscated and should be reviewed with you by a knowledgeable advocate. These include a nine-month trial work period, a 36 month extended period of eligibility following the trial work period, and an unsuccessful work attempt (UWA) of three months and a UWA six months under special circumstances. Wages under the substantial gainful activity amounts ($1,040 per month in 2013) will generally not cause your benefits to cease. The issue is extremely complicated, and we generally advise that claimants consult with a knowledgeable advocate. Thank you for contacting Ask Mike Lewis. Please call us at 877-970-4447 for further information.
How much does it cost to hire a social security disability attorney?
When you hire a Social Security attorney, most folks worry that they will have to pay for their services in advance. Usually, that isn’t the case. The maximum fee that your attorney may charge is the lesser of 25% of your back pay or a total of $6,000. Assume your back pay is $10,000. Your lawyer may collect $2,500.00 as a fee for his or her services. This is a figure set by the Social Security Administration. You may be charged additionally for costs such as copying documents or postage. These charges should be specified in your contract with your attorney. Thank you for Asking Mike Lewis. Should you have any further questions about your Social Security claim, please contact our office at 877-970-4447.
Can I be sued if I have a car accident while I’m texting?
The answer is emphatically, yes. It’s called distracted driving. All it takes is a violation of NC’s distracted driving law which can be used as evidence of negligent driving if you cause injury to someone or their property. Our state statute does have an exception that says if you fail to comply with the texting rule it “shall not constitute negligence per se.” What this means is you may not automatically be considered negligent when you’re texting while driving. North Carolina doesn’t have a cell phone statute prohibiting cell phone use while driving except for school bus drivers and all drivers younger than 18 years of age. All North Carolina drivers are prohibited from texting while driving.
No one wants to be involved in an auto accident, but taking your eyes off the road for even a few seconds to send or read a text will make you 2 times more likely to crash your car. CDC statistics show that 69% of drivers in the US reported they used their cell phone while driving in the last 30 days. 31% of drivers reported they had read or sent a text message while driving. The statistic I found most disturbing was over half of all high school students, 16 or older, text or email while driving. Why not take a look at www.distraction.gov to find out more about the dangers of distracted driving? At Lewis & Keller, we encourage you to place your cell phone out of easy reach to prevent the urge to text and drive. It could save your life.
Why do I need a personal injury attorney to handle my auto accident claim?
As a personal injury attorney, I hear this question almost daily. Most clients have spoken with their insurance company and think calling the adjuster is all they need to do to handle their claim quickly and efficiently. Nothing could be further from the truth. Most insurance companies don’t have your interest at heart. Hiring an attorney isn’t a “last resort” option. Without an attorney on your side, you could face costly mistakes in settling your case. Most injury lawyers will take your claim on a “contingent fee basis.” What does that mean? It simply means if your attorney doesn’t recover money for you, you may owe nothing. Be sure to read your contract to find out exactly how your fee agreement will be handled. You may be responsible for costs concerning your case, perhaps for medical records, etc.
Waiting too long to retain an attorney could hurt your case. You might make costly mistakes that could harm your settlement. Usually, we immediately send an investigator to take photos of the accident scene and interview witnesses. Preserving evidence before it’s lost or destroyed may be critical to your case. In North Carolina, the statute of limitations gives you 3 years to file a law suit regarding your case unless it involves a wrongful death in which case you have 2 years. There are exceptions that your attorney will discuss with you.
National insurance statistics state that auto accident recoveries are 3.5 times higher when you hire an attorney to handle your auto accident case. Most injured clients ask if they will have to appear in court. Usually, the answer is, “No.” Many accident claims are handled out of court in a settlement agreement.
Certainly, one of the most asked questions is, “How much will I get for my injury?” The answer isn’t simple. If it were, you probably wouldn’t need an attorney. Assuming you’ve been injured, your settlement would depend on the amount of the defendant’s insurance coverage, your own personal insurance, the extent of your injuries and your recovery. An experienced personal injury lawyer is better equipped to calculate your damages than you would be. Medical payments coverage, underinsured motorist coverage, and the insurance coverage carried by the at-fault driver are all factors that could play into the value of your settlement. There is no set formula to determine the amount you may receive for your injuries, but the insurance adjuster is NOT on your side. Rushing to settlement could be your biggest mistake. Check with an experienced personal injury attorney, you’ll be glad you did.
During a recent snow storm, the stoplights were out at a busy intersection near work. I stopped and treated the stoplight like a 4-way stop sign. I looked both ways and started through the intersection when a car came racing through and t-boned me. He never stopped. I have a severe neck and back sprain. I’m sure I did the right thing by stopping. Can I recover for my injuries?
I’m sorry that you were injured. If the other driver had followed the rules of the road, this never would have happened. You did the right thing by treating the non-working stoplight as a 4-way stop. The other driver should have done the same. You should be able to recover for your injuries.
