The Catastrophic Injury Blog
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INFORMATIVE ARTICLES
CATASTROPHIC INJURY
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.
P: 828-252-2852
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.
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.
What if the insurance company will not make a reasonable offer to settle?
There is no fixed formula for deciding what a claim is worth. What is "reasonable" depends on who is evaluating the claim. Insurance companies have a lot more experience evaluating and anticipating what a claim might be worth than you do. It is extremely important that you select a lawyer that has experience and is knowledgeable of the value of similar claims in you area. Valuations of cases vary from county to county and city to city. Consultation with local counsel is critical.
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.
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.
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