Knott, Berger & Miller LLP, Attorneys at Law, Raleigh, NC

Have Questions? We Can Help You Find the Answers

Knott, Berger & Miller LLP is a litigation oriented law firm. From our inception, we have built our practice and our reputation on providing aggressive, effective legal representation, while being ever mindful of our clients’ individual needs and goals. In summary, we strive to exceed your expectations and deliver dynamic representation.

Below you will find some common questions and answers. If you do not see your question below, we welcome your inquiries in your time of legal need. Contact us today.

Click on each question for more information.

• How long do I have to bring a lawsuit; what is the statute of limitations?
  • Generally, in North Carolina, parties have three years to bring a lawsuit after the negligent act that causes an injury and two years from the date of death to bring a wrongful death case. Statutes of limitation can be complicated, however. We would need to review the specific facts of a case to give definite advice in a given situation.
• What is the cost to me to obtain legal services?
  • The cost varies depending on the type of case or matter you have. For personal injury and wrongful death cases, we normally charge on a contingency fee basis, meaning that there is no attorney's fee unless there is a recovery. When there is a recovery, the attorney fee is a percentage of that recovery. If you would like to discuss this further, please contact us, and we can discuss the specifics of your case.
  • In some matters, usually involving business disputes, contract negotiations and review, estate administration, etc., we charge an hourly rate, based upon the experience of the attorney handling the matter. Itemized bills are sent monthly.
  • In other matters, such as preparation of wills, powers of attorney, health care powers of attorney and similar documents, we charge a flat fee.
  • In all cases, any costs incurred during the course of the representation are billed to the client. The type and amount of costs will vary depending upon the type and complexity of the case. We offer an initial consultation at no charge, and we can provide you an estimate of anticipated costs when we discuss your case.
• How long will it take to get a fair settlement for my case?
  • Our goal is to resolve as quickly as possible. It is important to understand that before a responsible party or an insurance company will agree to settle a case, it needs to be convinced of the liability of its insured and to have information necessary to prove that the damages or injuries you claim were actually caused by the negligence of the responsible party. We work with you to conduct the investigation and obtain the necessary information to provide to the insurance company to convince it of the need to settle.
  • Unfortunately, insurance companies generally do not act quickly to resolve disputed claims and frequently continue to request information that delay payment. We find that many clients are frustrated by the time that it takes for a responsible party or an insurance company to make a fair decision and we do what we can to expedite the process. The time that a responsible party or an insurance company may take depends on many factors including the extent of the injury, how clear the liability is, the amount of insurance coverage available, the extent of the medical care involved, whether there is any ongoing medical care, whether you have a pre-existing medical condition, whether there is wage loss, the extent of the wage loss, the extent of any prior injury that may be impacting on your recovery, the responsibility of other persons for your injuries, etc.
  • Contact us to discuss the specifics of your case, and we can give you a better idea of how long it may take for a responsible party or an insurance company to offer you a fair settlement.
• Will I have to go to court?
  • Ultimately, that decision is up to you. Our goal is to get the responsible party or their insurance carrier to offer you a fair settlement for your injuries as quickly as possible. In the event the responsible party or the insurance carrier either denies your claim and refuses to pay or refuses to pay you a fair amount for your injuries, under North Carolina law, it may be necessary to go to Court to enforce your rights.
  • There are different types of alternative dispute resolution (ADR) that can result in a fair settlement without having to go to Court. Contact us to discuss your situation, and we can explain the various options available to you and whether we believe it is likely you will have to go to Court to obtain fair compensation and to enforce your rights.
• If I am injured, what are fair damages for my injuries?
  • North Carolina law sets forth the damages to which someone is entitled if they can prove that their injuries were caused by someone else's negligence. Depending on the facts of your case, damages allowable under North Carolina law may include medical expenses, lost wages, scars and disfigurement, loss of use of part of the body, permanent injury and damages for physical pain and mental suffering.
  • Each case is different. Contact us so we can discuss the specifics of your injuries and what may be recoverable under North Carolina law depending upon the unique circumstances of your case.
• I have never done anything like this before and am not sure that I want to hire an attorney, but I feel like I have been injured and the insurance company is not offering a fair amount. What should I do?
  • The insurance company for the person who is responsible for your injuries is not there to protect you. The other party's insurance company will try to get you to settle your claim for the least amount of money possible. They understand that, quite frequently, after an injury, people are in a difficult financial situation because of their injuries: often, they have to take time off from work and have medical bills. Knowing an injured person or his family's financial concerns, the insurance company may offer substantially less than may ultimately be recoverable under North Carolina law hoping that the injured person's financial pressure following an accident will cause them to settle for much less than the law allows.
  • A person injured by someone else's negligence has a number of rights under the law. Insurance companies have experienced adjusters and lawyers whose job it is to protect the insurance company's - not your - interests. The law gives everyone certain rights when they have been injured by someone else's negligence. It is up to you whether or not you would like to exercise those rights, but the insurance company is not there to benefit you.We have represented many people over the years who have never made a claim before and are reluctant to make a claim or to file a lawsuit to protect their rights. Contact us if you would like to discuss your situation. We will be happy to speak with you. There is no charge for the initial consultation.
• Aren't there too many lawsuits?
  • No one is in favor of frivolous lawsuits. Lawsuits that are brought without merit are time-consuming, costly and unfairly seek to obtain compensation. That type of lawsuit is an abuse of the civil justice system; fortunately, there are legal safeguards in place in North Carolina that generally prevent frivolous lawsuits from getting very far.
  • Although many media reports refer to "frivolous" lawsuits, such as the infamous "McDonald's coffee" verdict (which took place in Arizona), a person who is legitimately harmed by the negligence of someone else has every right under the law to be fairly compensated for those injuries. That is one purpose of the civil justice system, the origins of which go back to the Bible, and the idea that one responsible for causing injury to another person or her property is responsible to fairly compensate the wronged person for the damages suffered. In an ideal world, all such injuries would be settled without the need for a lawsuit because the responsible parties (or their insurance companies) would pay a fair amount for the damage caused. Unfortunately, that is frequently not the case. In the event you or a family member has been injured by someone else's negligence, due to no fault of your own, you have a number of long-established rights under North Carolina law. We welcome your call and the opportunity to discuss your concerns with you.

Questions?