Bradley A. Coxe’s Answers

Bradley A. Coxe

Wilmington Personal Injury Lawyer.

Contributor Level 11
  1. Does my lawyer receive additional monies from the at fault insurance company if he/she convinces me to settle early?

    Answered 10 months ago.

    1. Bradley A. Coxe
    2. Elizabeth Taylor Herd
    3. C. Donald Briggs III
    4. Christian K. Lassen II
    5. Philip Anthony Fabiano
    6. ···
    6 lawyer answers

    Being on your side doesn't mean agreeing with what you say. The lawyer has a duty to give you his expert legal opinion and recommendations even if that is not what you want to hear. If in his expert opinion the case has less value than you think or like, he needs to tell you that and you need to understand why. He can't force the insurance company to settle for any amount. All he can do is get the most they offer and then give you his opinion on the strengths and weaknesses of the case. You can...

    16 lawyers agreed with this answer

  2. My 15 year old daughter received a settlement and it was put in a trust until 18. We're struggling. How can we take it out?

    Answered 9 months ago.

    1. Bradley A. Coxe
    2. Jeffrey Mark Adams
    3. Paula Brown Sinclair
    4. Christian K. Lassen II
    5. Michael R Crosner
    6. ···
    8 lawyer answers

    You have to make a motion to the court and ask the judge to modify the order. Depending on the wording in the order, you may need to get the same judge who originally entered the order. You would need to show that the money was being used for the child's benefit.

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  3. How is County Determined? For Wrongful Death Case

    Answered 11 months ago.

    1. Bradley A. Coxe
    2. Benjamin Harris Van Steinburgh
    3. Elizabeth Taylor Herd
    4. Harry Edward Hudson Jr
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Assuming everything is taking place in North Carolina, and jurisdiction of the state is not an issue, venue (where the plaintiff can file) is in any county where the plaintiff or any defendant reside when the case was filed. The judge can change venue for convenience of witnesses and ends of justice. If in your case their were multiple places were venue was proper, your attorney most likely made a strategic decision based on his experience.

    12 lawyers agreed with this answer

  4. What is the process for settlements from insurance companies where their client is at fault?

    Answered 4 months ago.

    1. John M. McCabe
    2. Bradley A. Coxe
    3. William David Owens
    4. Alan James Brinkmeier
    5. Jason F. Abraham
    6. ···
    12 lawyer answers

    Really only an attorney with full knowledge of the facts can tell you if the offer is "low." Assuming it is, the next step would be to counteroffer at a higher figure. Eventually you'll get to the insurance company's top dollar offer. Your only choice at that point is to sue the driver and force the insurance company to defend the case and pay any judgment, or take what they offer. An attorney can help guide you with the risks and benefits of settlement v. lawsuit.

    9 lawyers agreed with this answer

  5. Once a claim has been submitted to the insurance company, how long for a response?

    Answered 8 months ago.

    1. Bradley A. Coxe
    2. Kevin William Attkisson
    3. Jeffrey Mark Adams
    4. David Ian Schoen
    5. John L. Schroeder
    6. ···
    8 lawyer answers

    I usually wait 30 days before a follow-up call or letter, unless there are statute of limitations issues.

    9 lawyers agreed with this answer

  6. I was rear ended with the other driver going 55 mph. Totaled my 2009 Nissan. I had no broken bones but I was beat and banged up.

    Answered almost 2 years ago.

    1. Bradley A. Coxe
    2. Sheldon S Saints
    3. William David Owens
    4. Timothy Shawn Howard
    5. Kevin Coluccio
    6. ···
    7 lawyer answers

    That sounds serious enough that you shouldn't accept any offer, or even make a statement to an insurance company for personal injury until speaking with an attorney. The prior fusion may be an issue but if the records show you have been pain free since that surgery and treatment was completed, you should still recover. You would be entitled to your medical bills, physical therapy, lost wages, pain and suffering, and possibly future versions of those damages depending on your prognosis.

    8 lawyers agreed with this answer

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  7. Should I be represented by an attorney in this situation?

    Answered 9 months ago.

    1. Bradley A. Coxe
    2. John L. Schroeder
    3. Christian K. Lassen II
    4. Jason Todd Studinski
    5. Rebecca J. Britton
    5 lawyer answers

    For a medical malpractice case, you can only recover for injuries and damages that actually happened because of a breach of the standard of care, not what could have happened. The fact that the pediatrician caught the error before it caused any harm, eliminates the medical malpractice case. In addition to a complaint to the ER, you can also make a complaint to the North Carolina Medical Board.

    8 lawyers agreed with this answer

  8. Can my attorney give me the settlement check for medical bills..so I can pay them myself?

    Answered 10 months ago.

    1. Jennifer H. Seate
    2. Bradley A. Coxe
    3. Christian K. Lassen II
    4. David Ian Schoen
    5. Joseph Peyton Tunstall III
    6. ···
    8 lawyer answers

    If your doctor put the attorney on notice for a medical provider lien, the attorney can't disburse the money to you. He either has to pay it or keep it in your trust account until you resolve whatever issue with the bill you may have.

    8 lawyers agreed with this answer

  9. How do I determine pain and suffering for my automotive accident settlement.

    Answered 10 months ago.

    1. Miguel Amador
    2. Jeffrey Mark Adams
    3. David Herman Hirsch
    4. Bradley A. Coxe
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Ultimately, a jury would determine how much for pain and suffering. A personal injury attorney will use their knowledge and experience to predict the possible amounts and odds that a jury would give. Based on that information, you can put a value on the case and attempt settlement. The value of pain and suffering can change from county to county as the population of some counties, and the juries they form, will award more under the same facts as other counties. That is why I would recommend...

    7 lawyers agreed with this answer

  10. Is the hospital liable for my mothers fall when she was disoriented from pneumonia and resulted in a huge brain trauma?

    Answered 10 months ago.

    1. John M. McCabe
    2. Nedim Ramic
    3. John M O'Brien
    4. Joseph Leonard Ciaccio
    5. Samuel Cohen
    6. ···
    9 lawyer answers

    Its impossible to give a good opinion at this point without more details and the medical records. One of the tricky things with medical malpractice is that you can have a bad result when the doctor does everything right, and a good result when the doctor does everything wrong. Either way, you don't have a case. That said, there are numerous fall precautions and policies that every hospital has. If they violated their own policies, you may have a good case on the fall. If the delay between the...

    7 lawyers agreed with this answer