Firm news

Accident Q&A series

  1. What happens if the other driver gave a different statement to their insurer than what appears in the police report? — Durham, NC

    A different statement creates a factual dispute, but it does not automatically make the police report controlling or require the insurer to accept…

  2. What happens if my spouse had a prior hip injury before a new fall caused by a door at a medical office? — Durham, NC

    A prior hip injury does not automatically prevent your spouse from bringing a claim. Under North Carolina law, compensation may be available for a…

  3. What happens if my own auto insurance has underinsured motorist coverage? — Durham, NC

    Your underinsured motorist coverage may provide additional compensation when the at-fault driver’s liability insurance is not enough to cover your…

  4. What happens after all of my medical records and expenses are collected for an injury claim? — Durham, NC

    After the records and itemized expenses are collected, they are usually reviewed for completeness, connection to the injury, and consistency before…

  5. What evidence should I try to preserve after my spouse was knocked down by automatic doors at a medical facility? — Durham, NC

    Preserve surveillance footage, photographs of the doors, incident records, witness information, maintenance and inspection records, medical…

  6. What documents do I need to support an underinsured motorist claim after a car accident? — Durham, NC

    You will usually need insurance policy records, proof that the at-fault insurer tendered its limits, evidence of fault, and documents showing your…

  7. What can I do if a funeral home gave me remains that may not be my spouse's cremated remains? — Durham, NC

    Preserve the sealed container exactly as received, document its labels and condition, and promptly demand that the funeral home preserve every record…

  8. How do insurance records affect a personal injury claim? — Durham, NC

    Insurance records can affect whether coverage is available, how fault and damages are evaluated, and what steps can move a personal injury claim…

  9. How do I prove my injuries and losses are worth more than the at-fault driver's policy limits? — Durham, NC

    You prove it by documenting that the full amount of your accident-related injuries and losses exceeds what the at-fault driver’s liability insurer…

  10. How do I know whether an insurance settlement offer is fair? — Durham, NC

    A fair insurance settlement offer should reasonably account for the injuries and losses supported by the evidence, the strength of the liability…

  11. How do I know if the other driver is responsible for my accident? — Durham, NC

    The other driver may be legally responsible if the evidence shows that the driver failed to use reasonable care or violated a traffic rule, and that…

  12. How can vehicle damage photos help prove who caused a car accident? — Durham, NC

    Vehicle damage photos can help show where the vehicles made contact, the angle of impact, and whether the physical evidence fits each driver’s…

  13. How can I start an underinsured motorist claim after the at-fault driver's insurance paid its policy limits? — Durham, NC

    Send prompt written notice to every potentially applicable underinsured motorist insurer and ask it to open a claim, identify the adjuster, and…

  14. How can I get an insurance company to respond to my injury claim? — Durham, NC

    You can often improve the chances of a response by making a clear written request, confirming delivery, supplying complete claim documents, and…

  15. How can I find out whether the facility made an incident report after my spouse was hurt? — Durham, NC

    Ask the facility in writing to confirm whether an incident report was created and which department has it. A private facility may confirm the…

  16. How are treatment records and itemized medical expenses used in a personal injury demand? — Durham, NC

    Treatment records explain the medical course after an injury, while itemized medical expenses document the services provided and the amounts paid or…

  17. How are medical records used to support a personal injury claim? — Durham, NC

    Medical records help document your injuries, symptoms, treatment dates, limitations, and the medical history relevant to a North Carolina personal…

  18. How are chiropractic treatment records used in a personal injury case? — Durham, NC

    Chiropractic treatment records help document your reported symptoms, examination findings, treatment history, progress, and related charges after an…

  19. Do I need to sign a release before a provider sends my treatment records to my lawyer? — Durham, NC

    Usually, yes. A North Carolina medical provider generally needs your written authorization or another legally valid request before sending…

  20. Can the insurance company consider treatment from multiple medical providers in one personal injury demand? — Durham, NC

    Yes. One personal injury demand can include related treatment from multiple medical providers, such as a hospital, physician, rehabilitation…

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