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Accident Q&A series

  1. Can a medical provider send records directly to an attorney handling an injury case, or do they have to send them to the patient first? — Durham, NC

    In North Carolina, a medical provider can usually send records and bills directly to your attorney if the patient signs a proper written…

  2. Will Medicaid have to be paid back from my car accident settlement, and can that amount be reduced? — Durham, NC

    Often, yes. In North Carolina, Medicaid can seek reimbursement from a car accident settlement for Medicaid-paid, accident-related medical care,…

  3. Where do we stand right now in my injury case, and what is the next step? — Durham, NC

    Based on what you shared, your case is in the “case development” stage: treatment has ended, and your legal team is waiting on the last medical…

  4. What types of compensation can I seek for pain, medical bills, and car damage after being hit on the driver’s side? — Durham, NC

    In North Carolina, a driver hit on the side can typically pursue compensation for (1) injury-related losses (like medical expenses and pain and…

  5. What should I do if my arm pain keeps getting worse while I’m waiting on nerve testing? — Durham, NC

    If your arm pain is getting worse while you’re waiting on nerve testing, focus on two things at the same time: (1) getting the issue back in front of…

  6. What should I do if I only went to the emergency room and haven’t had follow-up care because I don’t have insurance? — Durham, NC

    In North Carolina, an ER visit alone can still support an injury claim, but a lack of follow-up care often gives the insurance company room to argue…

  7. What medical records and updates should I provide to support my injury claim while treatment is ongoing? — Durham, NC

    While you are still treating, the most helpful support for an injury claim is a steady paper trail that shows (1) what you reported, (2) what…

  8. What kinds of injuries and losses can be included in a personal injury claim after an accident? — Durham, NC

    In North Carolina, a personal injury claim can include both financial losses (like medical bills and lost income) and human losses (like pain,…

  9. What information should I gather before talking to a personal injury attorney about my accident? — Durham, NC

    Before you speak with a North Carolina personal injury attorney, gather the basics of what happened, what injuries you had, what treatment you…

  10. What happens if I was the only person in the car—does that affect who can make a claim? — Durham, NC

    Being the only person in the car usually means you are the only injured occupant who can bring an injury claim for what happened inside the vehicle.…

  11. What happens if I don’t have health insurance but I still need treatment after a bicycle accident? — Durham, NC

    In North Carolina, you can still get treatment after a bicycle accident even if you do not have health insurance, but you should expect providers to…

  12. What happens if I didn’t go to the emergency room until the next day and had a gap before starting physical therapy? — Durham, NC

    In North Carolina, a next-day ER visit and a gap before starting physical therapy do not automatically ruin an injury claim. But insurers often argue…

  13. Should I wait until I finish treatment before trying to settle my case? — Durham, NC

    In many North Carolina injury claims, it is safer to wait until your treatment is essentially complete—or at least until your doctors have a clear…

  14. Should I get my own appraisal for diminished value, or rely on the insurer’s evaluation? — Durham, NC

    In North Carolina, an insurer’s diminished value number is not automatically “the” number—it's one opinion about how much value your vehicle lost…

  15. Is the insurance company’s first settlement offer usually a lowball offer, and how much can it realistically increase? — Durham, NC

    Often, yes—the first offer in a North Carolina personal injury claim is commonly a starting point, not the insurer’s best number. How much it can…

  16. If my chiropractor says it’s up to me to continue, how do I decide when I’m officially done with treatment for my injury claim? — Durham, NC

    In a North Carolina injury claim, you’re usually “done with treatment” when your symptoms have stabilized and your providers have documented either…

  17. How will missing medical bills and records affect the value or timing of my injury claim? — Durham, NC

    Missing medical bills and records usually slow an injury claim down and can also reduce the claim’s value—because the insurer (and your lawyer) needs…

  18. How long does it usually take to resolve an injury claim after treatment ends? — Durham, NC

    In North Carolina, many injury claims move into their main negotiation phase after treatment ends, but the time to resolve the claim varies widely. A…

  19. How long do I have to file a claim for injuries from a bicycle accident? — Durham, NC

    In North Carolina, most bicycle-accident injury cases must be filed in court within three years of when the injury became apparent (which is usually…

  20. How is compensation handled if I didn’t miss paid work but I’m still dealing with neck, back, and shoulder pain? — Durham, NC

    In North Carolina, not missing paid work does not automatically prevent compensation for a rear-end crash injury. A claim can still include medical…

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