Firm news
Accident Q&A series
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Do I need to give my attorney copies of letters from my health insurance company after an accident? — Durham, NC
Yes. You should generally send your attorney a complete copy of every accident-related letter from your health insurance company, including all pages…
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Can settlement funds be held until medical liens are resolved? — Durham, NC
Yes. In North Carolina, a law firm may need to keep enough settlement money in its trust account to address valid medical liens or reimbursement…
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Can my attorney make a counteroffer if the insurance company offers less than my claim demand? — Durham, NC
Yes. Your attorney can usually respond to a low insurance offer with a revised counteroffer, provided the response follows the authority and…
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Can my attorney contact my health insurance company if I have not received a requested letter? — Durham, NC
Yes. If an attorney represents you in an injury matter, the attorney can generally contact your health insurance company to ask about a missing…
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Can missing medical appointments or records affect my car accident injury claim? — Durham, NC
Yes. Missed appointments may lead an insurance adjuster to question the seriousness, cause, or duration of your injuries, while missing records can…
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Can medical liens be reduced before a personal injury settlement is paid? — Durham, NC
Yes, some medical liens and reimbursement claims can be reduced before a North Carolina personal injury settlement is distributed. The result depends…
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Can I still claim diminished value if my car had a prior accident in the same area? — Durham, NC
Yes, a prior accident in the same area does not automatically prevent a diminished value claim in North Carolina. However, you must separate the loss…
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Can I recover compensation if a crash aggravated a rib injury I did not know I had? — Durham, NC
Yes, you may recover compensation if another driver’s negligence aggravated a rib injury that existed before the crash, even if you did not know…
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Can I challenge an insurance damage estimate if the repair shop finds more damage than the insurer originally estimated? — Durham, NC
Yes. If a repair shop uncovers additional collision damage during teardown or repairs, you can ask the insurer to review a written supplemental…
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Can I bring a slip and fall claim if uncleared steps caused my injury? — Durham, NC
Yes, you may be able to bring a North Carolina slip and fall claim if a property owner or another responsible party failed to use reasonable care to…
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Can I bring a car accident claim if the other driver ran a stop sign and hit the back side of my vehicle? — Durham, NC
Yes, you may be able to bring a car accident claim if the evidence shows that the other driver failed to stop or yield and caused the collision.…
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Can health insurance or medical providers claim part of my personal injury settlement? — Durham, NC
Yes. A health plan, government benefit program, hospital, or other medical provider may have a valid claim against part of a North Carolina personal…
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Can a medical lien reduce the amount I receive from my personal injury settlement? — Durham, NC
Yes. A valid medical lien or health plan reimbursement claim may be paid from settlement funds before you receive your final share. The amount…
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Can a health insurance lien be reviewed or reduced before settlement funds are distributed? — Durham, NC
Yes. A claimed health insurance lien can usually be reviewed before personal injury settlement funds are distributed, and a reduction may sometimes…
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Can a health insurance lien be negotiated after a personal injury settlement? — Durham, NC
Yes, a health insurance reimbursement claim may sometimes be negotiated after a personal injury settlement, especially before the settlement funds…
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Why do I need to sign a medical release form for my car accident injury claim? — Durham, NC
You need to sign a medical release form because your attorney usually cannot request your accident-related medical records and bills without written…
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What should I do if the insurance company did not include all of my medical treatment in its evaluation? — Durham, NC
Ask for the basis of the evaluation in writing, identify exactly what treatment or wage documentation was left out, and submit the missing records,…
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What should I do if my medical provider’s phone number or website no longer works during my injury case? — Durham, NC
Tell your attorney or claim representative right away, and preserve proof that the phone number or website is inactive. In a North Carolina personal…
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What should I do if I did not receive my personal injury intake paperwork? — Durham, NC
Contact the law firm promptly and ask that the intake packet and medical release be resent to a confirmed email address, mailing address, or client…
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What should I do after being taken to the hospital by ambulance after a car accident? — Durham, NC
After an ambulance transport, your main priorities are to protect your health, preserve records, and avoid assuming the police report or insurer has…
