The Catastrophic Injury Blog
Call David Gantt
P: 828-252-2852
INFORMATIVE ARTICLES
CATASTROPHIC INJURY
How much money should I get for my damaged car?
Property damage claims are generally handled separately from personal injury claims. North Carolina law permits you to recover the difference between full market value of the car before and after the wreck. While these damages usually mean the repair value, the loan, age and condition of your car may change the damage value.
Posted in FAQs - Personal Injury
P: 828-252-2852
FREQUENTLY ASKED PERSONAL INJURY QUESTIONS
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.
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...
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.
How much money should I get for my damaged car?
Property damage claims are generally handled separately from personal injury claims. North Carolina law permits you to recover the difference between full market value of the car before and after the wreck. While these damages usually mean the repair value, the loan, age and condition of your car may change the damage value.
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...
How do I handle myself at the scene?
You must stop and help anyone who is injured at the scene. Take precautions to make sure other cars are warned of the wreck. North Carolina Law requires you to call the most convenient law enforcement. Get the officer involved as soon as possible so this trained professional can objectively prepare critical reports and make important observations. You are only required under North Carolina law to disclose your name, address, registration number and driver's license. While you do not have to give a full statement to the officer, you should give a brief statement of what happened. You should not make any other detailed comments to anyone until you have consulted your lawyer. Photograph your car and your injuries as soon as possible. DO NOT SIGN...
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.
