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The Catastrophic Injury Blog

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P: 828-252-2852

Protecting Your Personal Injury Rights

Insurance companies arm themselves with lawyers. The main goal of insurance company adjusters and lawyers is to save the company money. They are not concerned with how serious the injuries are or what it will take to get your life back on track. That is the major reason you need a personal injury attorney to represent you. After an accident, the insurance company may want to talk to the victim right away. The victim is usually in pain or, worse yet, on pain medication. But the insurance company is listening carefully to find excuses to make a low settlement or no settlement at all. Denied claims and lower benefits save money for the company. When you have a personal injury attorney, that attorney can handle all communications with the insurance company. At David Gantt Law Office in Asheville, North Carolina, we can protect your rights. The insurance company knows that the accident has caused you financial problems. They may offer a quick settlement to take advantage of your need for immediate financial help. Low-ball offers are common. Your personal injury lawyer can help you understand how much your case is worth and how much you will need for medical care and wage losses now and in the future. When an insurance company delays payments or unreasonably denies coverage for an accident, that is insurance bad faith. Your attorney can explain what you should expect — and protect your personal injury rights. If the insurance company will not offer a fair settlement, you need a personal injury lawyer who will take your case to trial. Attorney David Gantt has extensive trial experience and knows how to present an effective argument in court. Make sure you receive fair treatment from the insurance company. Contact us for a free consultation.

P: 828-252-2852

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FREQUENTLY ASKED PERSONAL INJURY QUESTIONS

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 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 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.

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. 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.

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