Frequently Asked Questions: Your Personal Injury Law Questions Answered by Our Trusted Team of Experts
What should I do after a car accident in NC?
If you’ve been in a car accident in North Carolina, it is important to take the following immediate steps to protect your rights and well-being:
- Ensure Safety & Seek Medical Attention: Check yourself and others for injuries. If anyone is injured, call 911 immediately to request on-site medical assistance.
- Contact Law Enforcement: Report the accident to the police, especially if there are injuries, significant property damage, or disputes about fault. Obtain a copy of the police report for your records.
- Exchange Information: Collect the names, contact information, and insurance details of all parties involved in the accident. Take photos of license tags if possible. If there are witnesses, gather their contact information as well. Don’t rely on the police officer to gather this information.
- Document the Scene: Take photos or videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries.
- Avoid Admitting Fault: Be cautious about what you say at the scene. Do not admit fault or make statements that could be interpreted as an admission of liability.
- Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible. Provide accurate and factual information about the incident without oversharing.
- Consult an Attorney: Contact an experienced attorney to understand your rights and obligations. An attorney can help you navigate the legal process, deal with insurance companies, and pursue any claims for compensation if necessary.
How do I know if I have a personal injury case?
In North Carolina, you will typically have a valid personal injury case if someone acted carelessly under the circumstances and caused your injuries.
However, applying this standard is more complicated than it sounds—especially with North Carolina’s stringent no-fault requirement. That’s why it is critical to consult an attorney to review your specific situation in detail.
What should I expect from an initial free consultation with the Flexner Houser Personal Injury team?
There are two primary goals of this first meeting:
- Determine whether your case has merit.
- Decide whether we’re a good fit for one another.
First, you will meet with your lawyer to discuss in detail your injuries, the accident, medical treatment, and a plan for your physical recovery and compensation. Be prepared to provide as much detail as possible to give us a complete picture. Bring any documents relevant to your injury or damages, including:
- Health insurance card
- Medical bills
- Pay stubs
- Photos
- Videos
Based on the information you provide, we will assess your case, evaluating:
- The likelihood of success
- The legal process and potential hurdles
- The expected case timeline
If your case is strong, we will come back to you with recommended courses of action (negotiating with insurance, filing a lawsuit, etc.)
Remember, the more information available at this initial consultation, the more accurately our lawyers will be able to evaluate your claim.
How bad does an injury have to be for a personal injury claim?
If you do not feel particularly hurt after a motor vehicle accident, workplace accident, or other kind of incident, you may not have a strong case.
However, consider a couple of things before reaching a final conclusion.
- Some injuries (like whiplash or sprains) can take a while to show symptoms. Your natural biological response to traumatic situations sends a rush of adrenaline through your body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing additional symptoms later.
- Sometimes injuries are visible (indicated by bruises, cuts, or broken bones), but some internal injuries can only be detected by a medical professional.
It is wise to consult a doctor even if you do not feel immediate, excruciating pain after an accident. Avoid making hasty decisions about whether you are injured for at least a few weeks after the accident.
How long do I have to file a personal injury claim in North Carolina?
The North Carolina statute of limitations requires a lawsuit for a personal injury case to be filed within three years of the date of injury. If the accident resulted in a fatality, family members have the right to file a wrongful death claim, which has a statute of limitations of two years from the date of death.
However, it is best to pursue a claim as soon as possible to avoid the expiration of the statute of limitations and ensure the availability and accuracy of critical evidence.
What should I do if an insurance adjuster calls me after an accident?
Be calm and polite, but understand that insurance companies record and document every phone conversation for future reference.
- If you’ve already hired a personal injury attorney, politely ask the adjuster to contact your lawyer. Once the adjuster knows you have legal representation, they cannot contact you again without express permission to do so.
- If you have not yet hired an attorney, you can refuse to speak with the adjuster until you’ve had a chance to consider whether you need legal representation.
In the end, remember insurance adjusters are not looking out for your best interests—even those from your own insurance agency. Keep a detailed record of every phone conversation, and ask the adjuster to communicate with you solely in writing (via email or snail mail).
What damages are available in a personal injury case?
In North Carolina, you may be entitled to several different types of personal injury damages, depending on the details of your case:
- Economic Damages: Compensation for financial losses stemming from your injury (e.g. medical expenses, lost wages, property damage, and cost of household services).
- Non-Economic Damages: Losses that are less tangible and more difficult to calculate (e.g. pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium).
- Punitive Damages: Damages designed to punish the responsible party for extreme negligence and deter others from similar behavior (e.g. accidents involving DWI or racing).
If an accident resulted in a fatality, surviving family members may pursue a wrongful death claim to recover compensation for funeral expenses, loss of financial support, loss of companionship and society, and—if applicable—punitive damages.
How much is my personal injury case worth?
The value of a personal injury case in North Carolina depends on several tangible and intangible factors, including (but not limited to):
- Injury severity
- Extent and cost of medical treatment
- Long-term or permanent effects of an injury
- Past and future healthcare costs and needs
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Insurance coverage
- The at-fault person’s ability to pay
Beware of sources that offer to tell you the value of your claim with just a few details via a short form or “calculator.” True case value cannot be calculated so quickly and easily.
Each case is unique, so consulting with an experienced personal injury attorney is in your best interest.
How does a pre-existing condition impact personal injury claims?
To put it simply, pre-existing health conditions do not matter in personal injury cases.
North Carolina follows the eggshell plaintiff rule. Under this statute, you are entitled to compensation for the full extent of your injuries even if your pre-existing condition made you more vulnerable to injury.
North Carolina law also allows you to recover damages for injuries that are aggravated or exacerbated by an accident, even if the accident aggravated symptoms directly related to your pre-existing condition.
Insurance adjusters may not be straightforward with you about your right to recovery when you have a pre-existing condition. It is best to consult with a reputable personal injury attorney before making a decision about your claim.
What if I was partially at fault for the accident?
Due to North Carolina’s contributory negligence rule, you may not be able to recover damages for personal injury if you contributed to the accident in any way. Even if you are 1% to blame, you are completely barred from recovering any damages.
Say, for example, an insurance adjuster calls and asks how fast you were driving. If you say you were traveling 45–50 in a 45-mile-per-hour zone, the adjuster can deny your claim because your excessive “speeding” contributed to the accident and your injuries by at least 1%.
When involved in an accident, it’s best to avoid discussing your claim with an insurance adjuster before you seek advice from a personal injury attorney. Strong evidence—like dashcam footage, traffic camera surveillance, and eyewitness testimonies—can support your claim that the other party caused the accident and help resolve cases where fault is unclear.
North Carolina is one of four states still using this harsh standard.
Overcoming this extra hurdle requires specialized knowledge of North Carolina personal injury law. However, an attorney who is well-versed in the available defenses can assess your case, help prove you are not at fault, and advise you on how best to proceed.
How long does it take to settle a personal injury claim?
The timeline for resolving a personal injury claim is hard to predict and can vary dramatically depending on:
- Injury severity
- Medical treatment complexity
- Insurance provider willingness
- Results of lawsuits that proceed to court
Remember, very few personal injury cases actually go to trial. The overwhelming majority end in a settlement with the defendant or insurance company.
What is a release in a settlement agreement?
The release is a full and final resolution of your claim.
By signing a release document, you forfeit the right to file any future claims against the at-fault party related to the accident or injury—even if new complications arise later or your injuries worsen over time.
The release applies to:
- Physical injuries
- Emotional distress
- Lost wages
- Pain and suffering
- Any future medical treatment
Most release documents also affirm that the settlement does not imply guilt or fault by the at-fault party.
Because a release legally closes the case, legal counsel is critical. Flexner Houser Injury Law can help you ensure the settlement amount is fair and sufficient to cover all your needs before you sign a release form.
How long will it take to get my settlement check?
After agreeing to a North Carolina personal injury settlement, you may receive your settlement check in as little as 2 weeks or as much as 6 weeks—possibly even longer.
This timeline depends on several factors:
- Insurance Requirements: Some insurance carriers require all documents to be signed before the settlement check is released to the attorney. This can delay payment to the injured party. However, the disbursement process may be expedited if the insurance provider is familiar with the injured party’s attorney.
- Payment Logistics: Once your attorney receives the settlement check, they must deposit it in a trust account, where it will remain until disbursement. The North Carolina State Bar requires the funds to be held in trust until they have cleared the drafting bank. This can take 7 to 10 business days (or more). During this time, the attorney will also confirm all lien holders that must be paid from the settlement proceeds (e.g., Medicare or Medicaid).
Your attorney’s goal is to speed up the compensation process as much as possible while ensuring all lien holders are legally protected.
How do I pay medical bills before I get my settlement money?
The at-fault party’s insurance company will not pay for medical bills until liability is established. In North Carolina, injured parties typically receive a lump sum payment for all damages (including medical bills) once a settlement is reached.
Unfortunately, most injured persons must find a way to pay their bills in the meantime.
You have several options for managing your medical bills:
- Standard Health Insurance: Your health insurance provider will cover medical bills as they normally would. Then, when your settlement comes through, they may be entitled to a portion of your compensation. An attorney can help negotiate with your health insurance company to minimize the amount taken from your settlement.
- MedPay Insurance Coverage: If your car insurance policy includes MedPay (or Medical Payments) coverage, you can use this extra policy to cover immediate medical costs while waiting on a settlement.
- Medical Lien: If you do not have immediate funds to pay for medical expenses, healthcare providers may be willing to place a lien on your settlement. Essentially, they’ll agree to provide health care now if you promise to pay them back when your case is settled.
Your Flexner Houser personal injury attorney can help you determine the best approach for paying your medical bills based on your unique situation.
What if I was injured in an accident at work?
Fault is not an issue when an employee is injured on the job.
The North Carolina Workers’ Compensation Statute requires most employers to purchase worker’s compensation insurance, which will cover all of your medical treatments and lost wages.
If you are injured on the job as a result of another’s negligence, you may qualify for both a workers’ compensation claim AND a personal injury claim. To maximize your recoverable damages and preserve your right to a valid claim, consult with an attorney as soon as possible.
Do I need a lawyer for a personal injury case?
Some situations may not require legal representation, including when…
- Your injuries and medical expenses are minor
- The at-fault party clearly admits liability
- The insurance company offers a fair initial settlement
- Your desired compensation amount is relatively small
- You are comfortable with the negotiation process
But, here’s a cautionary tale…
A young client was bragging to me that she settled her last claim for “policy limits” when she suffered a fractured bone that required surgery. I asked her how much of the underinsured policy limits she received. Her face was blank as I explained “underinsured” insurance, and she suddenly realized she left a lot of money on the table because she didn’t hire an attorney.
(Of course, the insurance adjuster didn’t remind her about underinsured motorist coverage because they weren’t looking out for her best interests.)
So, while you can handle some personal injury claims independently, hiring an attorney substantially improves your chances of receiving full, fair compensation.
An experienced personal injury lawyer offers:
- Accurate claim valuation and comprehensive compensation assessment
- Deep understanding of complex legal processes and critical deadlines
- Assistance navigating challenging rules like North Carolina’s contributory negligence law
- Proven tactics for insurance company negotiations
- Evidence collection and strategic case preparation
Plus, some attorneys—like Flexner Houser Injury Law—work on a contingency fee basis, meaning you can hire an attorney without worrying about payment unless your case is successful.
How do I pay Flexner Houser in a personal injury case?
When you work with Flexner Houser Injury Law, there are no upfront legal fees.
Our lawyers typically work on a contingency fee basis. In other words, you only pay us if you win the case or settle for a monetary amount. Our fee is typically 33% of the settlement amount or 40% if the case goes to litigation.
However, case complexity can also be a factor. If you lose the case, attorneys generally recover case expenses or court costs that have been prepaid on your behalf. Once your case is settled or the jury has reached a verdict, the lawyer’s fee is calculated as a percentage of your total award.
It’s our goal for you to recover as much as possible so our fee is justified. A discussion of lawyer’s fees should always be a part of your initial FREE consultation.
How does the claims process work for a personal injury case?
If you’ve been injured in an accident as a result of another’s negligence, you should generally follow these steps:
- Seek immediate medical treatment.
- Schedule a free consultation with a personal injury attorney to evaluate your case and discuss your legal rights.
- Decide whether you want to move forward with legal representation.
- Allow us to do the footwork of recovery, investigation, and gathering evidence while you focus on recovering.
- Once you’ve reached maximum medical improvement, we’ll file your claim with the insurance company and negotiate a settlement amount.
What types of personal injury cases does Flexner Houser Injury Law handle?
As a personal injury law firm, Flexner Houser Injury Law defends people who have been injured through no fault of their own. This includes:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Premises liability
- Product liability
- Slip and fall accidents
- Workplace injuries
- Worker’s compensation claims
- Nursing home neglect
- Medical negligence
- Wrongful death claims
With decades of experience and a strong team, we’re equipped to manage diverse personal injury cases, ranging widely in scope and complexity.
How Can We Help YOU?
3805 Oleander Drive
Wilmington, NC 28403
- Phone/Text: 910-794-3221
- Fax: 910-794-3144
- Toll-Free: 1-800-FLEXNER