The Catastrophic Injury Blog
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INFORMATIVE ARTICLES
CATASTROPHIC INJURY
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.
Posted in Articles - Personal Injury, FAQs - Personal Injury
P: 828-252-2852
FREQUENTLY ASKED PERSONAL INJURY QUESTIONS
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...
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.
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.
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 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.
CATASTROPHIC INJURY VIDEO LIBRARY
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