Is there a fee for the initial consultation?

What percentage of the recovery goes to the lawyer for his/her fee?

Should I call the police after being in an automobile accident?

If I’ve been injured in a slip and fall incident at a store, should I report it to the store manager?

Should I report an auto accident to my insurance company?

Is there a fee charged for assistance with MedPay claims?

Should I talk to the insurance company representatives that are calling me?

How long does the claims handling/litigation process take?

Is there a fee for the initial consultation?

No.  Call now and arrange for a time to meet with Mr. Johnson personally to discuss your case. After initially talking with you about your case over the phone, Mr. Johnson will then set up a mutually convenient time to meet in person.  If you are unable to travel to their office, Mr. Johnson will come to you.  In your initial consultation, Mr. Johnson will explain to you the law of North Carolina that applies to your case and will explain to you the strengths and potential weaknesses of your case.  Mr. Johnson’s goal in his initial conversations with you is to give you the knowledge you need to make the decision as to whether you want to pursue a personal injury lawsuit or accident claim.  In the initial conversations, Mr. Johnson will also explain to you in detail the accident claim and personal injury trial process.  You pay no attorney’s fees unless and until you recover compensation.  

What percentage of the recovery goes to the lawyer for his/her fee?

The standard percentage of the recovery that goes to the lawyer as the fee is 33 1/3%.  However, James T. Johnson of DeMent Askew, LLP offers a reduced contingency fee rate in auto accidents that settle prior to a lawsuit being filed.  The law firm also offers reduced contingency fee rates under certain circumstances in other kinds of cases as well.  Call Mr. Johnson now to ask more details about his reduced contingency fee rates.

What should I do if I’ve just been injured in an accident?

If you or someone you love has just been injured in an accident, first and foremost, you need to make sure the injured person obtains the proper and necessary healthcare for the injuries suffered.  While this should be your number one priority, there are some other things you should be doing even before you have spoken to any insurance agent or lawyer.  Look around the scene of the accident for any witnesses that may have seen the accident or that assisted you after the accident.  Try to get the names and contact information for all witnesses.  Also, take pictures of the scene of the accident, any tire marks or other marks in the road if it was an auto accident, the injuries, bruises, cuts, etc., and the damage to the cars involved (again if it was an auto accident).  It can also be helpful to write down in a journal or log the different things you are going through and having to deal with during your recovery process. 

Should I call the police after being in an automobile accident?

Yes.  Always call the police after you’ve been in an automobile accident and always ask for an accident report to be completed.

If I’ve been injured in a slip and fall incident at a store, should I report it to the store manager?

Yes.   Always report any injury to the property owner or manager as soon as possible.

Should I report an auto accident to my insurance company?

If your car was damaged, and you would like your insurance company to handle your property damage claim for you and have them subrogate against the at-fault driver’s policy, yes, you should report the accident to your insurance company.  Also, if you have MedPay coverage under your policy, you may be entitled to “no-fault” payments from your insurance policy to cover your medical bills.   Feel free to call Mr. Johnson, and he will explain your different options to you.

Is there a fee charged for assistance with MedPay claims?

No.  If your own auto policy has MedPay coverage, James T. Johnson of DeMent Askew, LLP will assist you in recovering all available MedPay coverage without charging a fee for the attorney’s services. 

Should I talk to the insurance company representatives that are calling me?

It can get confusing when the insurance company agents start calling you.  Exactly who are they agents for?  Are they dealing with the property damage claim or the personal injury claim—or both?  If the insurance agent is from your own insurance company, you have certain obligations to cooperate with them in their investigation of the accident.  However, if the insurance agent is from the insurance company of the person or company that caused the accident resulting in your injuries, you are not obligated to talk to them.  If you’ve been in an auto accident and the agent is calling you regarding the property damage claim as to your car, it is usually safe to speak to the agent to try to resolve the property damage claim on your own as quickly as possible. 

However, under some circumstances, it is advisable to not speak to the insurance agents that are calling you.  If the agent is calling you to try to resolve a personal injury claim by paying you a lump sum now, and you are still undergoing treatment for your injuries, you should probably not talk to the agent at all.  It is advisable to not sign any release or waiver form without speaking to an attorney.   Mr. Johnson will be glad to personally explain to you the benefits and potential harms of you speaking to the different insurance agents that may be involved, regardless of whether he ends up representing you with your case.  If you do choose to have Mr. Johnson represent you in your case, of course, he will be the one dealing with all of the different insurance agents and issues, and not you.  This will allow you to spend your time concentrating on what is most important—your health and recovering from your injuries.

How long does the claims handling/litigation process take?

It is usually better to wait until the injured person has reached maximum medical improvement before submitting the claim to the insurance company.  Once James T. Johnson of DeMent Askew, LLP submits the claim to the insurance company, it may be months before the firm knows whether the insurance company are going to be willing to treat us reasonably in settlement discussions.  If they are not able to settle the case and are required to file a lawsuit, it may be another year from that point before they are able to obtain a trial date for the case.   As a result, the process can be lengthy.  It is better to understand that the process can be lengthy from the outset, so that you do not become frustrated with the process and settle for an amount that is less than what your case is worth.