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Accident Q&A series

  1. How can I file a personal injury claim after the other driver ran stop signs and hit my car?

    In North Carolina, you file a personal injury claim by proving negligence: duty, breach, causation, and damages. Running a stop sign can establish…

  2. Can I get medical records from the ambulance provider to verify the charges for my case?: North Carolina Personal Injury

    Yes. In North Carolina, you (or your lawyer) can request your EMS/ambulance medical records and an itemized bill if you are the patient or have…

  3. Can I get a copy of my crash report or a more detailed accident report for my claim?

    Yes. In North Carolina, the officer’s DMV-349 crash report is a public record you can request from the investigating agency or the DMV once it’s…

  4. Can I claim damages for a pre-existing back condition that was aggravated in the accident?: North Carolina Personal Injury

    Yes. In North Carolina, you can recover damages for the aggravation or activation of a pre-existing back condition if the other party’s negligence…

  5. What steps should I take if my insurer says they never received my letter of representation?: North Carolina Personal Injury

    In North Carolina, you should promptly re-send your letter of representation using a delivery method that gives you verifiable proof of receipt and…

  6. What steps do I need to take to bring a civil claim after an assault?: North Carolina Personal Injury

    In North Carolina, you start a civil assault/battery case by filing a complaint and having the Clerk of Superior Court issue a Civil Summons, then…

  7. What kind of evidence do I need to prove an assault claim?: North Carolina Personal Injury

    In North Carolina, you prove civil assault by showing the defendant intentionally caused you to reasonably fear an imminent harmful or offensive…

  8. What is the process to get an approval of a reduction of my medical lien in a personal injury settlement?: North Carolina

    Under North Carolina law, medical providers have statutory liens on personal injury settlements, but those liens are limited and negotiable. Your…

  9. What is the process of getting the insurer to reopen my auto damage claim after they closed it without notice?: North Carolina Personal Injury

    In North Carolina, ask the insurer in writing to reopen the claim and include new or missing proof (photos, estimates, police report) and a short…

  10. What happens if my concussion symptoms worsen and I need long-term treatment—will that affect my personal injury settlement?

    Yes—under North Carolina law, your settlement should account for both past and reasonably expected future losses. If your concussion symptoms are…

  11. How do I find a doctor or facility that will treat me on a lien basis for my personal injury case?: North Carolina Personal Injury

    In North Carolina, many providers will consider treating you under a medical lien or a letter of protection when you have a personal injury claim.…

  12. Can I file a lawsuit for being assaulted if I didn’t go to the hospital?

    Yes. In North Carolina, you may file a civil assault or battery lawsuit even if you never sought hospital or medical care. Medical records help prove…

  13. Will any medical or chiropractor liens be deducted from my settlement funds?: North Carolina Personal Injury

    Yes. In North Carolina, valid medical provider liens—including chiropractor bills related to your injury—are usually paid from your personal injury…

  14. What should I do if my insurance company refuses to update me or threatens to close my claim?

    In North Carolina, insurers must handle claims fairly and communicate in a reasonable time. If your company won’t update you or threatens to close…

  15. What is the process to get an appraisal to prove the diminished value of my vehicle?: North Carolina

    In North Carolina, you prove diminished value by documenting your car’s pre-accident value, completing quality repairs, and obtaining an independent…

  16. What is the process for appointing a guardian ad litem in a minor’s settlement?

    In North Carolina, a judge must appoint a guardian ad litem (GAL) to act for an injured minor in any court proceeding to approve a settlement. A…

  17. What happens if I make a mistake in my signed accident affidavit in North Carolina?

    If you made an honest mistake in a signed accident affidavit, correct it quickly in writing. The impact turns on two things: whether the error is…

  18. What happens if I can’t afford medical bills after my accident—can those fees be covered by my claim?

    Yes. In North Carolina, a personal injury claim can seek payment for reasonable and necessary medical expenses caused by the accident. Insurers…

  19. How do prior accidents that happened before I owned the truck affect my diminished value claim?

    In North Carolina, you can claim diminished value for the drop in your truck’s fair market value caused by this crash, even if it had prior accidents…

  20. How can I protect myself legally when signing an affidavit as a witness in a car accident case in North Carolina?

    In North Carolina, a witness affidavit is a sworn statement made under oath before a notary. To protect yourself, state only what you personally saw…

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