Do I Have A Personal Injury Case?
This is the most common question we receive and we’re glad to answer it for you. If you have been injured through someone else’s negligence and no fault of your own, you may have a personal injury claim in Fayetteville and North Carolina.
The state of North Carolina’s personal injury claim legal structure is based off what is called Contributory Negligence. Without getting into the legal mumbo jumbo of it all, what that means is that if you are even considered 1% at fault for your own injuries, you are barred from any type of recovery in North Carolina.
North Carolina is one of only 4 states that follow this type of legal framework for personal injury cases.
This means it’s important to have someone on your side to prove that you did not contribute to your own injuries in a personal injury claim.
However, this legal framework is not applied when someone is injured at work. Workers’ Compensation Claims in North Carolina do not fall under personal injury law. Work Injury Claims function under laws in the North Carolina Workers’ Compensation Act. In a Workers’ Compensation claim, the accident that led to your injuries may be your fault — however, you still may be entitled to benefits. It is a no-fault system.
Do I need a lawyer for my injury claim?
The truth is not every single injury claim needs the involvement of a lawyer. With that being said, you really won’t know the answer to that question unless you contact an experienced injury lawyer to discuss your matter. We know “it depends” is a very lawyer-type answer, but it does truly depend on what happened and the facts of the claim.
Fayetteville Personal Injury Claim Recovery
In injury claims where liability fully falls on someone else being negligent and causing the injury, there are different types of things that can be recovered. This includes current medical expenses, potential future medical expenses, lost wages, and compensation for your pain and suffering due to the injuries.
The insurance company is calling me, am I required to speak with them?
There is no requirement and you shouldn’t speak with them. Their aim is to get you talking as much as possible and get recorded statements from you, hoping you say something that will HELP THEM be able to offer you less or even outright deny any type of recovery payment for your bodily injury claim.
Insurance adjusters aren’t bad people. They aren’t out to get you personally. They’re simply doing their job when they call you. Their alliance is with the company they work for, and their performance is based on how much money they can save the insurance company.
You shouldn’t be rude or crass with them. Just simply thank them for calling, but decline speaking further.
The Insurance Company has made me an offer to close out my claim. Should I take it?
Many times, if you have received an offer to close out an injury claim within days or weeks of the injury, it will be a lowball offer. If you haven’t completed your medical appointments to the point where a medical professional says “this is as good as you’re going to get,” there is simply no way of knowing the “value” of a claim.
You’d be very surprised at how much information an insurance company has about you. If through their findings, which can include public records searches and going through your social media, they find that you’re someone who may need money quickly, they start making offers that in the grand scheme or the details of the claim, we wouldn’t consider fair. It happens all the time.
If you receive an offer, make a quick call to an experienced attorney and let them give you their opinion if it’s fair or not.
