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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

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.

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.

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.

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 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.
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