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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

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 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 receive for my injuries?

You should recover past and future medical expenses, lost wages, lost earning capacity, scarring, pain and suffering and any other loss you have endured as a result of the accident. The value of your claim depends on many different factors. For severe injuries, your spouse may be able to claim loss of consortium or companionship. If the cause of the wreck was related to driving under the influence of drugs or alcohol, further punitive or punishment damages might be appropriate. The value of an experienced lawyer who is familiar with the jury verdicts and the range of settlements in a particular area is critical to making sure you are fully compensated for your injuries.

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.

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...

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