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The Catastrophic Injury Blog

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P: 828-252-2852

Fatal Crashes

If you have lost a close family member in a fatal auto accident, call us. We offer surviving family members compassionate representation in the pursuit of wrongful death compensation. We understand the pain your family is experiencing. We understand you want answers, and we understand you want justice. Clients rely on attorney David Gantt for sensitive legal counsel during an incredibly emotional time. Contact us to learn more. The pain of losing a loved one in a fatal trucking accident can seem overwhelming. We handle the legal aspects of a wrongful death claim, allowing your family the time to grieve and honor the loss of your loved one. Clients appreciate the compassionate representation they receive from Mr. Gantt.

P: 828-252-2852

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FREQUENTLY ASKED PERSONAL INJURY QUESTIONS

How much money should I receive for my injuries?

You should recover past and future medical expenses, lost wages, lost earning capacity, scarring, pain and suffering and any other loss you have endured as a result of the accident. The value of your claim depends on many different factors. For severe injuries, your spouse may be able to claim loss of consortium or companionship. If the cause of the wreck was related to driving under the influence of drugs or alcohol, further punitive or punishment damages might be appropriate. The value of an experienced lawyer who is familiar with the jury verdicts and the range of settlements in a particular area is critical to making sure you are fully compensated for your injuries.

Should I go to the hospital if I don't have pain?

Most health care providers recommend that you go to the Emergency Room to make sure you don't have hidden or delayed injuries. Even if you don't go to the Emergency Room for a check up, you should schedule a doctor appointment to be certain you have no injuries.

Q. I was involved in a car accident while working. Can I make a claim against the car insurance in addition to the workers’ compensation insurance company?

A. Yes. You will likely have a workers’ compensation claim regardless of how the car accident occurred. If the wreck was caused by someone else’s negligence, you will also have a personal injury claim against the responsible party. You should consult a lawyer familiar with both personal injury and workers’ compensation law to make sure these claims are brought in proper legal procedure. Failure to coordinate both claims could result in enforceable liens of one or both of the insurance payouts.

How long do I have to bring my claim?

North Carolina law generally gives you three (3) years to file a lawsuit for personal injury. Wrongful death claims usually have a two (2) year time limit. North Carolina law only applies if the accident happened in North Carolina.

Q. If I make a settlement in a personal injury arising out of a work injury, do I have to pay the workers’ compensation insurance back for money they have already paid me?

A. Sometimes. NC law is very complicated on these obligations. A Superior Court Judge can be asked to set what, if any, lien is due the workers’ compensation insurance carrier when a settlement is proposed on a civil lawsuit over the same accident. Once the Superior Court Judge sets the amount of the lien that is due, the NC Industrial Commission will issue an ORDER concerning disbursement of future workers’ compensation payments. You should consult a specialist in workers’ compensation law to avoid potential liens and pay back requirements.

If I employ a lawyer, do I have to go to court?

No. Most lawyers will try and settle the case before filing a lawsuit and going to court. While the time between filing a lawsuit and the time of getting a jury trial vary form count to county, a safe estimate of the time it takes to get a case resolved in court is usually around twelve (12) months. New alternative dispute resolutions methods are growing in usage and popularity. Mediation and/or arbitration may be a way to get an independent judge to evaluate the claim and help resolve the differences in the evaluation of the claim. Even after a lawsuit has been filed, settlements of lawsuits can occur at any time. Lawsuits can be settled while the jury is still deciding the case or even...

CATASTROPHIC INJURY VIDEO LIBRARY

Our Video Library is not closed-captioned.  Instead of embedding our videos, we have created posts for them, where full transcripts of can be found.
Click on the links below to view the video and its transcript.

Short Personal Injury Overview

Personal Injury Overview

Personal Injury Detailed Overview

Personal Injury Detailed Overview

Compassionate North Carolina Social Security Disability Lawyer

David Gantt describes his History in Helping People with Workers’ Compensation and Social Security Disability Cases