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Accident Q&A series

  1. How do I know whether the insurance company’s settlement offer is fair for pain and suffering and lost wages?

    In North Carolina, a “fair” settlement offer is one that reasonably matches what you could likely prove at trial for lost wages (economic damages)…

  2. How do I know when my medical treatment is considered complete for my injury case?

    In most North Carolina injury cases, your treatment is “complete” when your treating medical provider has finished active care and either (1)…

  3. How do I find out whether my health plan has a right to be paid back from my car accident settlement?

    In North Carolina, you usually find out whether your health plan can be paid back (often called “reimbursement” or “subrogation”) by identifying what…

  4. How do I figure out which trucking company and insurance policy actually covers the truck that hit me when the police report lists different companies?

    In North Carolina, it is common for a commercial truck to be connected to more than one company (the truck owner, the motor carrier operating under a…

  5. How do I figure out what my car accident claim is worth if I’m still having shoulder and elbow pain?

    In North Carolina, a car accident claim’s value usually comes from (1) your provable financial losses (like medical bills and lost wages) plus (2) a…

  6. How can I prove that a flare-up of a pre-existing condition was caused or worsened by a car accident?

    In North Carolina, you can recover for a pre-existing condition that a car wreck made worse, but you must prove the crash was a proximate cause of…

  7. How can I get an itemized statement showing all charges tied to a specific emergency-room date of service?

    In North Carolina, you can request a free, itemized list of charges from the hospital for a specific emergency-room date of service. State law…

  8. Do I need to wait until my PTSD provider decides whether I need more treatment before resolving my case?

    Not always. In North Carolina, you can often resolve a personal injury case before your PTSD provider makes a final decision about more treatment,…

  9. Do I have to finish all my medical treatment before my injury claim can move forward?

    No. In North Carolina, your injury claim can (and often should) move forward while you are still treating, especially to preserve evidence and meet…

  10. Can the insurance company rely on a doctor’s note about maximum medical improvement to cut off coverage for later treatment?

    In North Carolina, an insurance company can use a doctor’s “maximum medical improvement” (MMI) note as part of its argument that later treatment is…

  11. Can my claim be denied or reduced if I haven’t started treatment yet because I’m having trouble getting an appointment?

    Yes—an insurance company can try to deny or reduce a North Carolina car-accident claim if there is no medical treatment yet, because it gives them an…

  12. Can my child be included on my injury claim, or does my child need a separate claim?

    In North Carolina, your child generally has their own bodily-injury claim, even if you and your child were hurt in the same crash. A parent can…

  13. Can my case settle if I’m still treating or waiting on a final medical evaluation?

    Yes. In North Carolina, an injury claim can settle even if you are still treating or you have not had a final medical evaluation. The practical issue…

  14. Can my case move forward if I’m still treating for my injuries?

    Yes. In North Carolina, your personal injury claim can move forward while you are still treating. Your lawyer can keep investigating, gathering…

  15. Can my attorney negotiate or reduce what the health plan is asking to be reimbursed from my settlement?

    Often, yes—your attorney can usually communicate with the health plan (or its recovery vendor), verify what was actually paid for accident-related…

  16. Can I still pursue a claim if I haven’t had time to deal with the accident because of a move or other life events?

    Often, yes—but you still have to act within North Carolina’s deadlines. In most car-accident injury cases, you generally have three years to file a…

  17. Can I still have a lawyer help with a car accident claim if I wasn’t injured?

    Yes. In North Carolina, you can hire a lawyer to help with a car accident claim even if you were not physically injured, especially when you have…

  18. Can I still bring a claim if I didn’t go to the ER the day of the crash and instead went to urgent care later?

    Yes. In North Carolina, you can still bring an injury claim after a car crash even if you did not go to the ER that same day and instead went to…

  19. Can I reject a settlement offer that feels too low and still keep negotiating my injury claim?

    Yes. In North Carolina, you can reject a settlement offer you believe is too low and continue negotiating your injury claim. The key is that you do…

  20. Can I recover money for missed work and reduced ability to work because I can’t take certain medications on the job?

    Yes—under North Carolina personal injury law, you can generally seek compensation for missed work (lost wages) and for a reduced ability to earn…

A path forward

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