Firm news

Accident Q&A series

  1. How does needing nerve testing or physical therapy affect the timeline of my injury case? — Durham, NC

    In North Carolina, needing nerve testing (like EMG/nerve studies) or starting physical therapy often extends an injury-claim timeline because it can…

  2. How do medical bills and health insurance liens get paid out of a personal injury settlement? — Durham, NC

    Updated: February 2026 N.C.G.S. § 44-49(b) was amended in 2023 to establish a specific response deadline for medical providers claiming a lien.…

  3. How can I prove the other driver was at fault if the crash happened in a parking lot? — Durham, NC

    In North Carolina, you usually prove parking-lot fault the same way you prove fault on a road: by showing the other driver was careless and that…

  4. How can I handle the other driver’s insurance company calling me after a rear-end accident if I’m still treating? — Durham, NC

    In North Carolina, you usually do not have to give the other driver’s insurance company a recorded statement just because they ask—especially while…

  5. Do you need anything from me now that I’m done treating with my chiropractor? — Durham, NC

    Usually, yes—but it’s mostly paperwork and a clear update, not anything complicated. In a North Carolina injury claim, once chiropractic treatment…

  6. Can stopping treatment affect the value of my injury claim if I still have occasional symptoms? — Durham, NC

    Yes. In North Carolina, stopping treatment while you still report symptoms can make an insurer argue that you recovered, that your symptoms are…

  7. Can my lawyer get the ambulance and emergency room records, and how are those used in my case? — Durham, NC

    Yes—your lawyer can usually obtain your ambulance (EMS) and emergency room records as long as you sign the proper medical authorization, or (in some…

  8. Can I switch doctors or specialists if the current referral process is delaying my treatment? — Durham, NC

    Yes. In most North Carolina injury claims, you can change treating providers or seek a different specialist if a referral process is stalling—your…

  9. Can I still pursue my injury claim if I have gaps in treatment or miss an appointment? — Durham, NC

    Yes—under North Carolina law, a gap in treatment or a missed appointment does not automatically end an injury claim. But insurers often argue that…

  10. Can I still make a claim if the police didn’t write a full report and only took notes? — Durham, NC

    Yes. In North Carolina, you can still make an injury claim even if the officer did not complete a full crash report and only took notes. A police…

  11. Can I recover compensation for ongoing neck, back, and shoulder pain if I’m still treating? — Durham, NC

    Yes. In North Carolina, you can pursue compensation for neck, back, and shoulder pain even while you are still treating, as long as you can show the…

  12. Can I recover compensation for ER bills and testing if I have health insurance coverage? — Durham, NC

    Yes. In many North Carolina car accident injury claims, you can still seek compensation for reasonable ER care and diagnostic testing even if your…

  13. What should I do if the insurance company’s evaluation seems too low for my injuries and treatment? — Durham, NC

    If an insurance company’s evaluation seems too low, the next step is usually to ask (through your lawyer, if you have one) what assumptions drove the…

  14. What should I do if the insurance company has already contacted me about the accident? — Durham, NC

    If an insurance adjuster has already contacted you, you can be polite and responsive, but you should keep the conversation limited and documented. In…

  15. What should I do if I later find out I actually had some kind of health coverage at the time of the accident? — Durham, NC

    If you later learn you had health coverage at the time of the accident, do not sign or return a “no health insurance” affidavit that could be…

  16. What should I avoid saying or doing after an accident to protect my claim? — Durham, NC

    After an accident in North Carolina, avoid saying anything that sounds like you were at fault, downplaying your injuries, or guessing about what…

  17. What medical treatment and records does an insurer usually consider when valuing an injury claim? — Durham, NC

    In North Carolina, insurers usually value an injury claim by looking at (1) what treatment you received, (2) what the records say about diagnosis,…

  18. What is an affidavit of no health insurance, and why does the insurance company want me to sign it? — Durham, NC

    An “affidavit of no health insurance” is a sworn, usually notarized statement that you did not have health insurance (or did not have health…

  19. What information is typically needed to confirm whether first-party coverage applies to an injury claim? — Durham, NC

    In North Carolina, confirming first-party auto coverage (often called “MedPay,” and sometimes UM/UIM depending on the situation) usually requires the…

  20. What information do I need to request a police report for my car accident? — Durham, NC

    In North Carolina, you can usually request a copy of the investigating officer’s crash report by providing enough details to help the agency or the…

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