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The Catastrophic Injury Blog

Call David Gantt
P: 828-252-2852

How can I pay my bills while I am out of work?

You should consider all possible sources of insurance such as health and disability. Depending on your condition, you may become eligible for Med Pay, Social Security, Medicare, Medicaid or Worker’s Compensation (if wreck occurred while on the job). Ask your agent and lawyer for more details. It is unethical for lawyers to lend you money while your case is pending. However, lawyers can often help you handle the financial crunch by promising the health care providers to pay their fees out of the settlement or jury verdict.

P: 828-252-2852

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FREQUENTLY ASKED PERSONAL INJURY QUESTIONS

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.

How can I pay my bills while I am out of work?

You should consider all possible sources of insurance such as health and disability. Depending on your condition, you may become eligible for Med Pay, Social Security, Medicare, Medicaid or Worker's Compensation (if wreck occurred while on the job). Ask your agent and lawyer for more details. It is unethical for lawyers to lend you money while your case is pending. However, lawyers can often help you handle the financial crunch by promising the health care providers to pay their fees out of the settlement or jury verdict.

Does it matter whether I am at fault or not in causing the accident?

Yes. North Carolina is one of the few states in the country that continues to follow the "Contributory Negligence" doctrine of liability. This harsh law means that even if the cause of the accident is in a very small part your responsibility, you may not be able to recover any damages against someone who is almost totally responsible for the wreck. The law has been used for years by insurance companies to successfully lower the value of claims in North Carolina. It is extremely doubtful that the General Assembly will change this very unfair and unreasonable law in the near future. For this reason, you should not give any statements to insurance companies, adjusters, or other third parties until you have had a chance to...

What will the lawyer cost?

Lawyers generally handle injury cases on a contingency or percentage (%) basis. The fee is charged after a settlement or jury verdict is reached. If you lose the claim, you would not owe the lawyer any fee for his/her time under a contingency fee. Costs for obtaining medical records, accident reports, copies, long distance phone calls and other "out of pocket" expenses are payable by you regardless of the outcome.

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.

How do I select a lawyer?

The way your case is handled may affect you and your family for the rest of your life. You should select an attorney that is experienced, knowledgeable and caring.

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