Firm news

Accident Q&A series

  1. Can I still recover compensation if I waited to get medical treatment after a crash? — Durham, NC

    Yes, waiting to obtain medical treatment does not automatically prevent you from recovering compensation after a North Carolina crash. However, the…

  2. Can I still make a claim if I am not sure whether I was injured right away? — Durham, NC

    Yes. Not noticing an injury immediately after a motor vehicle accident does not automatically prevent you from making a North Carolina personal…

  3. Can I recover the value of work tools that were damaged or lost in a car accident? — Durham, NC

    Yes, you may be able to recover for work tools damaged or lost in a North Carolina car accident if you can prove ownership, the collision caused the…

  4. Can I make an underinsured motorist claim after the other driver's insurance offers policy limits? — Durham, NC

    Yes, you may be able to make an underinsured motorist claim after the at-fault driver’s insurer offers its policy limits. Eligibility depends on the…

  5. Can I bring a personal injury claim if I was hurt in a car accident but did not go to the hospital? — Durham, NC

    Yes. Going to a hospital is not a legal requirement for bringing a North Carolina car accident injury claim. However, if you received no medical…

  6. Can I bring a personal injury claim after a car accident? — Durham, NC

    Yes, you may be able to bring a personal injury claim if another person’s negligence caused the car accident and your injuries. A North Carolina…

  7. Can I bring a claim for pain and medical treatment if a crash aggravated an old leg injury? — Durham, NC

    Yes. North Carolina law may allow you to seek compensation when a crash worsens or reactivates an old leg injury, including compensation for related…

  8. Can I ask the insurance company to consider my transportation problems when negotiating a settlement? — Durham, NC

    Yes. You can ask the insurance company to consider transportation problems, but their settlement significance usually depends on whether the accident…

  9. Can I ask my medical provider to resend records to my personal injury lawyer? — Durham, NC

    Yes. You may ask your medical provider to resend records directly to your personal injury lawyer, although the provider may require a current written…

  10. Can health insurance or Medicaid be paid back from a car accident settlement? — Durham, NC

    Yes. Medicaid and some health plans may have a right to reimbursement from a North Carolina car accident settlement when they paid medical expenses…

  11. Can an insurance company require proof of ownership before replacing damaged medical equipment? — Durham, NC

    Yes. An insurance company may reasonably ask for proof showing who owned damaged medical equipment and who suffered the financial loss before paying…

  12. Can an insurance company pay a third party for property used by an injured person? — Durham, NC

    Yes. An insurance company may pay a third party who can show that the third party owned property used by an injured person and that a covered event…

  13. Can an insurance claim cover replacement of medical equipment that was borrowed from someone else? — Durham, NC

    Yes, an insurance claim may cover borrowed medical equipment if the equipment was damaged or lost in a covered event and the insured person is…

  14. Can an estate claim include damage to medical equipment that the deceased person was borrowing? — Durham, NC

    Yes, possibly. Under North Carolina law, a person lawfully possessing borrowed medical equipment may have a property interest that supports a claim,…

  15. Why are medical bills and records important for a car accident settlement demand? — Durham, NC

    Medical bills and records help document what injuries were reported, how providers evaluated them, the treatment received, and the related expenses.…

  16. Who is responsible for sending the settlement check after a release is completed? — Durham, NC

    The party funding the settlement is responsible for issuing the settlement check. In a typical North Carolina personal injury claim, that is the…

  17. Who is allowed to file a wrongful death claim for a deceased loved one? — Durham, NC

    In North Carolina, a wrongful death claim generally must be filed by the deceased person’s court-authorized personal representative or collector—not…

  18. Who has authority to decide how a child’s personal injury settlement funds are handled when the child is in legal custody? — Durham, NC

    The court generally has final authority over how a child’s personal injury settlement is approved and protected. A child welfare agency with legal…

  19. Who coordinates settlement funds when both a guardian and an estate administrator are involved? — Durham, NC

    The estate administrator usually coordinates the wrongful death claim and its overall distribution, while the guardian manages or receives the…

  20. What should I review before signing a personal injury settlement release? — Durham, NC

    Review whether the release accurately states the settlement terms, identifies every claim and party being released, addresses medical bills or…

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