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The Catastrophic Injury Blog

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INFORMATIVE ARTICLES
CATASTROPHIC INJURY

Car Accidents

Fatal Crashes

Job-related Trucking Accidents

Wrongful Death Claims in North Carolina

Distracted Driving: Frequently Done and Potentially Fatal

Catastrophic Personal Injury Compensation

What if the insurance company will not make a reasonable offer to settle?

Protecting Your Personal Injury Rights

Trucking Accidents

2019 Best Law Firms

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 after the jury has rendered a decision on the case. It is important to employ a lawyer that is willing to go to court if the settlement offer is not considered adequate to you and your attorney.

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FREQUENTLY ASKED PERSONAL INJURY QUESTIONS

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.

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 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.

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.

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.

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.
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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