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Is there a time frame in which I
have to file my claim?
If I am at fault, even a small
amount, can I recover?
Do all claims go to court?
What if I have just been in an
accident?
What do you do if you are my lawyer?
What happens when I recover?
What does the insurance company do?
What happens if my case settles
without going to Court?
What happens if the claim cannot be
settled?
What can I expect to be paid for in
my claim?
Do I need a lawyer?
Is there a time frame in which I
have to file my claim?
In North Carolina, injured victims have three years
from the date of the accident within which to file suit or
settle the claim. If the victim is killed as a result of
the accident, the statute of limitations becomes two
years.
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If I am at fault,
even a small amount, can I recover?
North Carolina also has what is called “contributory
negligence”. We are one of the few states remaining that
still have this law. What it means simply is that if you
were 1% at fault you cannot recover for any damages. For
that reason, it is especially crucial that you seek the
advice of a lawyer if you feel you have a claim for
injuries arising out of a vehicle accident.
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Do all claims go to
court?
No. We handle many more claims that settle without filing
suit. About 2 out of 10 cases result in trial. The
insurance company generally wants to avoid trial and if a
law firm has a reputation for trying cases it will work
harder with that law firm to settle a claim. While we make
every effort to settle claims, we are also prepared to
move the case quickly through the Courts system.
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What
if I have just been in an accident?
If you have been involved in an accident, we urge you
to move quickly to document your claim. If you have not
yet hired an attorney make sure you get photographs of
your vehicle. Get 2 to 3 estimates of repair on your
vehicle. If you are injured, see a doctor immediately and
follow the doctor’s advice. If a doctor places you out of
work, get a written note and keep a copy. Notify the
defendant’s insurance company immediately. Be prepared to
be without a vehicle until the insurance company can
investigate the accident. They will not pay for your
vehicle, a rental, or your injury until they are satisfied
you had no fault in the accident. You should also at least
consult with a lawyer to make sure you understand your
rights.
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What do you do if
you are my lawyer?
Once you hire us, we move quickly to preserve the
evidence and notify the insurance company you are
represented. We routinely obtain photographs of vehicles
and the accident scene. We interview the witnesses, if
any. We notify your medical providers we are involved. We
give the insurance company an overview of your claim and
keep them updated with your progress during recovery. We
document your claim with medical reports, bills and any
lost wages you may incur. We will also will get a great
deal of personal information from you so we can present
your claim in the best possible light.
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What happens when I
recover?
We strongly tell our clients do not attempt to settle
your case until you are pain free. Doctors will routinely
release you presuming you are 100% pain free. We also
suggest you wait 30 days to make sure you have no
recurrence or pain. Once you are comfortable that you are
fully recovered, we begin putting together your settlement
package and send it off to the insurance company with a
request for settlement.
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What does the
insurance company do?
The adjustor takes the package and reviews it and
makes a recommendation to his or her supervisor for
settlement authority. The adjustor and your attorney then
discuss the issues and what is a reasonable amount for
your claim. Negotiations for settlement usually take four
to six weeks before it is determined if a case can settle
without filing suit.
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What happens if my
case settles without going to Court?
The insurance company issues a check for the total
amount of settlement and sends it to our firm. A
settlement statement is prepared that will show the
deductions for our fee, the costs, and payment to medical
providers. It also shows what you will receive as the net
proceeds. This usually takes one to two weeks to conclude.
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What happens if the
claim cannot be settled?
If your claim cannot be settled, then we promptly file a
Complaint for you. Once a lawsuit has been filed, the
average time to get before the Court is twelve months.
This is because our courts have heavy backlogs. However,
we fast-track our cases so that any delay is not ours but
the Courts or the other side. In North Carolina, you sue
the defendant not the insurance company. In fact, you may
not mention the word “insurance” in a trial. A jury hears
your claim and the jury decides who was at fault and how
much you are allowed to recover.
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What can I expect to
be paid for in my claim?
As an injured person you are entitled to claim:
- Medical bills
- Prescriptions
- Other medical devices
and costs
- Out-of-pocket expense
related to the injury
- Lost wages if a doctor
places you out of work
- Pain and Suffering
during recovery
And if your injury is
permanent (as defined by a medical doctor) you can also
claim future damages as set out above.
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Do I need a lawyer?
While not every injured person needs a lawyer, we
encourage everyone to at least consult one to make sure
you understand your rights. We caution everyone NEVER TO
SIGN ANYTHING until you have talked to a lawyer. Many
valuable rights were lost because the injured person
believed what he or she was told by the insurance company.
Just remember, the only person truly working in your best
interests is the lawyer you hire.
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