Personal Injury FAQ
(Question): What compensation might I be able to get in a lawsuit over my auto accident?
(Answer): If they are a direct result of an injury you suffered because of the defendant’s negligence, your lawsuit could request compensation for property damage, medical expenses, lost wages, pain and suffering and, in some cases, punitive damages.
(Question): I just got hit, what do I need to do?
(Answer): Get the medical attention you need. Also, call the police, get the name and address of the other driver and vehicle owner, as well as the name and policy number of the insurance company for the other vehicle. Take photographs of the accident scene and the vehicles involved before they are moved. Get the name and phone number of all witnesses—do not count on the investigating officer to do this.
(Question): What happens if my claim is denied by an insurance company?
(Answer): You may need to file a lawsuit and proceed to court to enforce your rights. We encourage you to have legal counsel to navigate the judicial system.
(Question): What do I do if I get hurt on the job?
(Answer): The first thing you want to do is report the injury immediately and in writing to your employer as required. The next thing is to get medical treatment right away. Once you’ve done that, you may want to consider whether you want to attempt to handle your case on your own or hire a North Carolina workers’ compensation attorney to advocate for you. Certain minor injuries that involve minimal time from work and straightforward medical treatment may be able to be handled on your own.
(Question): Under what circumstances is a person eligible for workers’ compensation?
(Answer): There are three basic circumstances in which a person can become eligible for North Carolina workers’ compensation. They are injury by accident, specific traumatic injury, and occupational disease.
(Question): What are my options following a work accident?
(Answer): If your employer is required to carry workers’ compensation insurance, then you may apply for these benefits under a no-fault rule that bars you from suing your employer. These workers’ benefits are designed to help you as an injured worker. Our attorneys are extensively experienced with workers’ compensation, particularly as it pertains to North Carolina.
In certain cases, under certain circumstances, a lawsuit can be brought against a negligent third party for causing your injury. For example, if you were hurt by a piece of equipment that was manufactured defectively, or if you were injured in a car accident during the course of performing your job duties, then you may be able to pursue maximum compensation in a third-party lawsuit that does not hold your employer accountable, but instead the person or company whose negligence caused the incident that injured you.
(Question): What kind of employers are covered by workers’ compensation law?
(answer): North Carolina Workers' Compensation laws apply to any employer with three or more employees, subject to limited exceptions.
(Question): What is a premise liability claim?
(Answer): A premise liability claim can be a fall case or other injury case that was caused by a defective condition on the property.
(Question): Who is the claim against?
(Answer): All property owners are required by law to keep their property safe and free of hazards. Any hazards that are not immediately fixable must feature clear, prominent warning signs, and safety precautions must be taken. Premises liability concerns arise when the property owner or manager knew or should have known of an unsafe condition and allowed it to exist without taking any measures to prevent injury.
(Question): What damages can I recover from my premises liability claim?
- Lost wages
- Medical bills
- Future medical costs
- Physical therapy
- Prescription costs
- Pain and suffering
- Mental anguish
- Permanent disability
Loss of enjoyment of life
(Question): What are the elements of a wrongful death claim?
(Answer): Generally, the death must have been caused, in whole or in part, by the conduct of the defendant. The defendant must be proven to be negligent for the victim’s death.
(Question): What kinds of damages are recovered in a wrongful death claim?
(Answer): The following damages may be recovered in a wrongful death action:
- Immediate expenses associated with the death (medical and funeral)
- Loss of victim’s anticipated earnings in the future until time of retirement or death (pension, medical coverage, etc.)
- Loss of care, protection, companionship to the survivors
- Pain and suffering of the deceased before death
- Punitive damages, if appropriate
(Question): How long can I wait to file a wrongful death case?
(Answer): For wrongful death, the statute of limitations is two years in North Carolina.