The Catastrophic Injury Blog

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FREQUENTLY ASKED PERSONAL INJURY QUESTIONS

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.

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...

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. 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.

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 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.

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