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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 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...

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.

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.

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.

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 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.

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