Let the attorneys at Mauriello Law stand up for you and your rights to compensation under the law.

In our last 16 years anchored at our Lake Norman Office we have hosted a large variety civil claims
for personal injury and wrongful death on behalf of our clients.

Such representation includes claims based upon the negligent supervision of minors, claims
against restaurants, bars and private parties for the negligent serving of alcohol to intoxicated
individuals or minors and those claims for wrongful death causing drowning.

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Frequently Asked Questions

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The simple answer is your case is worth, based on the law, facts and risks that apply, what a 12-person jury in North Carolina would award for such a claim. The reason for this answer is that a seasoned personal injury attorney knows that a case can either settle or be presented to a jury. Most cases do in fact settle because both the person injured (plaintiff) and the insurance company representing the individual at fault (defendant) weigh and assess the risk of proceeding forward to a jury trial against the accepted benefit of getting the case resolved voluntarily.

There are many factors that enter into the determination of a personal injury settlement but the primary three (3) are liability, legal damages and insurance coverage.

  • Liability relates to negligence or fault of the defendant and (especially in North Carolina) the absence of fault of the plaintiff, as North Carolina is a “contributory negligence” state meaning the plaintiff must be 100% free of fault;
  • Legal damages typically include medical expenses, lost wages and pain and suffering;
  • Insurance coverage relates to the amount of liability coverage the defendant has for the accident and injuries and also any coverage the plaintiff has such as uninsured or underinsured coverage that may apply.

There is in fact no precise formula in North Carolina for the award of pain and suffering damages. The jury (if the case makes it to court) is essentially asked to use their best judgment given the injuries and extent of the injuries in making this determination. However, typically and historically factors such as the severity of the injury, the length and type of medical treatment, whether surgery or high level of medical care was required, whether the injured person has a permanent or disabling injury and the amount of medical expenses are factors juries consider.

As mentioned most personal cases that we handle will settle. This is because there are inherent risks to both sides including jury verdict uncertainty, costs of litigation (deposition, mediation, expert witness fees, etc.) that make it in the best interest to settle. With that said some cases cannot resolve due to an impasse between the injured and the defendant on one or more case issues that may apply. In these cases, our office has over 34 years of courtroom experience and will work with you to move the case professionally through the litigation process.
As to the time it typically takes for a case to settle, most cases will settle after the injured person completes his or her medical care, the medical records and bills are obtained and then exchanged with the opposing insurance company. This can take on average 4-6 weeks after the completion of medical treatment but can vary depending on need for further documentation.

It costs nothing to evaluate your case. We evaluate any potential claim for free. In order to do so either e-mail us the basic facts of your claim or call our office for a free consultation. Also, if you cannot get to our office we will arrange to meet with you at your home or best location. Note also during this period of Covid-19 we can complete any paperwork needed for your claim remotely and without the need for a face to face meeting.

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