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The Catastrophic Injury Blog

Call David Gantt
P: 828-252-2852

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

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FREQUENTLY ASKED PERSONAL INJURY QUESTIONS

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 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...

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.

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.

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.

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