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Accident Q&A series

  1. Does a lump-sum settlement resolve both my injury claim and related medical expenses? — Durham, NC

    Usually, a lump-sum settlement resolves the bodily injury claim covered by the release, including claims for related medical expenses and pain and…

  2. Can unpaid hospital bills be deducted from my car accident settlement? — Durham, NC

    Yes. Unpaid hospital bills related to a North Carolina car accident may be paid from settlement proceeds before you receive the remaining funds,…

  3. Can the insurance company's initial settlement offer be negotiated higher? — Durham, NC

    Yes. An insurance company’s initial settlement offer can often be negotiated, but an increase is not guaranteed. A stronger counteroffer usually…

  4. Can ongoing fear and shaking after a crash affect my injury claim? — Durham, NC

    Yes. Ongoing fear, shaking, anxiety, or changes in how you drive may affect a North Carolina injury claim when credible evidence connects those…

  5. Can my spouse seek compensation for a shoulder injury that required surgery? — Durham, NC

    Yes, your spouse may seek compensation if another person’s negligence caused the motor vehicle incident and the resulting shoulder injury. Surgery,…

  6. Can my child receive compensation if a chin injury leaves a permanent scar? — Durham, NC

    Yes, a child may receive compensation for a permanent chin scar if the evidence shows that another party’s negligence caused the injury. Under North…

  7. Can I recover compensation for missed work, medical bills, and continuing back pain after a car accident? — Durham, NC

    Yes, you may be able to recover compensation if another driver’s negligence caused the crash and your injuries. A North Carolina car accident claim…

  8. Can I receive compensation if my attorney submits a demand based on my current medical bills and records? — Durham, NC

    Yes, submitting a demand based on your current medical bills and records may lead to compensation, but an insurer is not required to make an…

  9. Can I pursue a personal injury claim if I was a passenger when another vehicle hydroplaned into us? — Durham, NC

    Yes, you may be able to pursue a North Carolina personal injury claim as an injured passenger, but hydroplaning alone does not automatically prove…

  10. Can I negotiate an insurance company's initial settlement offer for a soft-tissue injury claim? — Durham, NC

    Yes. An insurance company’s initial offer is generally a starting point that you may accept, reject, or answer with a supported counteroffer. For a…

  11. Can I bring an injury claim if my child slipped on hard-to-see water in a store with no warning sign? — Durham, NC

    Yes, your child may have a North Carolina premises liability claim if the store created the wet condition or knew, or reasonably should have known,…

  12. Can I bring a claim against the other driver if the crash happened while I was riding in a work truck? — Durham, NC

    Yes. Riding as a passenger in a work truck generally does not prevent you from bringing a North Carolina personal injury claim against another driver…

  13. Can accident-related travel expenses include all the mileage I drove for medical treatment? — Durham, NC

    Yes, accident-related travel expenses may include all reasonable mileage for necessary medical treatment connected to the crash, including qualifying…

  14. Can accepting the at-fault driver's policy limits affect my underinsured motorist claim? — Durham, NC

    Yes. Accepting the at-fault driver’s full policy limits may be an important step toward a North Carolina underinsured motorist claim, but signing the…

  15. Can a store be held responsible when a child slips on water and there is no warning sign? — Durham, NC

    Yes, a store may be responsible, but the absence of a warning sign does not establish liability by itself. Under North Carolina law, the key…

  16. Can a medical provider submit a patient's records and bills from two different electronic records systems? — Durham, NC

    Yes. A North Carolina medical provider generally may submit records and bills exported from two different electronic systems, even when the…

  17. Can a claim for a child's fall include emergency treatment, a visible facial scar, and emotional distress? — Durham, NC

    Yes. A North Carolina personal injury claim involving a child may include emergency treatment expenses, pain and suffering, a visible facial scar,…

  18. Are my out-of-pocket medical copays reimbursed separately or included in the settlement? — Durham, NC

    Your out-of-pocket medical copays are usually included as part of the medical-expense component of a personal injury settlement, not paid separately…

  19. Who is responsible when a rental-car driver did not purchase coverage from the rental company? — Durham, NC

    The rental driver may still be legally responsible if their negligence caused the collision, even though they declined optional coverage from the…

  20. Who is responsible when a rear-end collision pushes my car into the vehicle ahead? — Durham, NC

    The driver who struck you from behind is often primarily responsible when that impact forced your stopped car into the vehicle ahead. Under North…

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