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Accident Q&A series

  1. How does finishing treatment affect the value of my injury claim?

    In North Carolina, finishing medical treatment (or reaching a stable point in treatment) often makes it easier to value an injury claim because your medical…

  2. How do I use medical-pay coverage to reimburse EMS and emergency room bills after an accident?

    In North Carolina, you typically use “medical payments” (MedPay) coverage by opening a MedPay claim with your auto insurer, then submitting itemized EMS and…

  3. How do I make sure the insurance company only talks to my lawyer about my injury claim and not the property damage part?

    In North Carolina, you can direct the insurance company to communicate with your lawyer about the bodily injury claim by sending a clear letter of…

  4. Do I have to agree to lien-protection language before the insurance company sends the final settlement payment?

    Usually, no—North Carolina law does not automatically require you to sign broad “lien-protection” or “hold harmless” language as a condition of getting the…

  5. Do I have a case after a car accident if the other driver says it was my fault?

    Yes, you may still have a case in North Carolina even if the other driver says the crash was your fault.

  6. Can the insurance company change the settlement amount after we’ve agreed to it, and what can I do if they try?

    Usually, once you and the insurance company have a clear agreement on a final settlement amount, the insurer should not be able to unilaterally change it…

  7. Can I still recover compensation if I was partly at fault for the accident?

    Sometimes, but North Carolina is strict. In most negligence-based car accident cases, if you were even 1% at fault and your fault helped cause the crash, you…

  8. Can I still pursue a claim if the insurance company has already contacted me or offered a settlement?

    Yes. In North Carolina, an insurance company contacting you or even making an early settlement offer does not, by itself, stop you from pursuing an injury…

  9. Can I recover compensation for ongoing therapy and related PTSD symptoms as part of my injury case?

    Yes. In North Carolina, an injury claim can include compensation for mental health treatment (like therapy) and for the impact PTSD symptoms have on your…

  10. Can I recover compensation for ongoing pain medication, follow-up visits, and repeat x-rays?

    Yes—under North Carolina personal injury law, you can generally seek compensation for medical care that is reasonably necessary because of the crash,…

  11. Can I recover compensation for medical visits, imaging, and follow-up care even if I have health insurance?

    Yes. In North Carolina, having health insurance does not automatically prevent you from seeking compensation from the at-fault driver for reasonable and…

  12. Can I accept an increased offer now, or should we keep negotiating for a better settlement?

    In North Carolina, you can accept an increased settlement offer at any time, but you should usually do it only after you understand what you are giving…

  13. Can a lawyer help me deal with the other driver’s insurance company after a car accident?

    Yes. In North Carolina, a lawyer can communicate with the other driver’s insurance adjuster for you, gather and present the information needed to support your…

  14. Will my health insurance have to be paid back from any settlement, and can that amount be reduced?

    In North Carolina, you may have to reimburse your health plan or a government program from a personal injury settlement if it paid accident-related medical…

  15. When will the insurance company be contacted to start negotiating my settlement?

    In most North Carolina injury claims, meaningful settlement negotiations usually start after you finish treatment (or reach a stable point) and your attorney…

  16. What types of injuries and losses can I seek compensation for after a car accident?

    In North Carolina, a person hurt in a car accident can usually seek compensation for both financial losses (like medical bills, lost income, and property…

  17. What should I do if I get new medical treatment or new bills after the demand has already been sent?

    In North Carolina, if you get new treatment or receive new medical bills after your lawyer has already sent a settlement demand, you should tell your lawyer…

  18. What medical records or documentation should I collect to support a PTSD-related injury claim?

    In North Carolina, you should collect records that show (1) a PTSD diagnosis or symptoms, (2) that you sought and received treatment, and (3) how PTSD has…

  19. What is a medical-records release form, and why does my lawyer need me to sign it?

    In North Carolina, a medical-records release form (often called a medical authorization) is a written permission slip that lets your lawyer request your…

  20. What happens to my injury claim if my doctor later decides I need surgery?

    In North Carolina, a later recommendation for surgery usually increases the value and complexity of your injury claim because it adds future medical costs,…

A path forward

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