Questions to Ask Before Settling a Spine Injury Claim in North Carolina
Key Highlights:
- If you’re looking for questions to ask before settling a spine injury claim in NC, start by understanding the full extent of your injury, your treatment needs, future medical costs, and the overall value of your claim
- The strict contributory negligence law in North Carolina may have a significant impact on your compensation recovery.
- A fair settlement should include not only current bills, but also any future costs of medical care, loss of earning capacity and costs for pain and suffering.
- A settlement agreement will mean you no longer have a right to recover any future damages, even if your injury worsens over time.
- A North Carolina spinal cord injury lawyer can provide a detailed analysis of your case, deal with insurance companies and help in protecting your financial future.
An injury to the spine can have an impact on almost every facet of life such as how you work, how you move, how you sleep and how you spend time with the people you care about.
When an insurance company offers you a quick settlement, you might be tempted to just take it and walk away since it seems like the easier thing to do.
However, you have to keep in mind that once you accept their initial offer and sign a release, you will not be able to go back and demand more settlement money from them if your injuries get worse in the future.
Knowing this, make sure you get to ask the important questions first and truly understand the specifics of your claim before accepting any settlement from an insurance company.
If you have questions about this or any other legal matter, our experienced lawyers at Tatum & Atkinson, PLLC will gladly help you.
Call 800-529-0804 today for a free consultation. You don’t have to pay anything unless we win your case.
Why Timing Matters Before You Settle
Although a settlement may seem the easiest route to getting on with your life after a spine injury, your recovery timeline can make a big difference in terms of your financial recovery.
The risk of settling before your injury has fully healed
Spine injuries can get worse over time. Before you accept a settlement, you have to be aware of several risks:
- Symptoms may be delayed. Numbness, weakness and chronic pain may occur weeks to months after the accident.
- You may need future treatment. Surgical procedures, physical therapy, injections or long-term pain management may be needed in the future.
- The settlement is final. When you sign a release, you have no right to demand more money if your condition gets worse.
- You may have time to wait. You must file a personal injury lawsuit within three years of an injury in most cases under North Carolina’s three-year personal injury statute of limitations (N.C. Gen. Stat. § 1-52), giving you time to come to a full understanding of your injuries before settling.
Why insurance companies push for quick settlements
Insurance companies usually have financial reasons when they offer you an early settlement. Here are the common reasons why they would do so:
- The state follows a pure contributory negligence doctrine. If you are deemed to be even 1% at fault for the accident, you may not be able to recover any compensation.
- Early settlements lower the insurer’s risks. You may be offered a quick settlement before you even understand the full extent of your injuries.
- Disputes about fault create pressure. Insurance adjusters may say that you are somewhat responsible about the accident and convince you to accept a lower settlement.
- Evidence matters. Collecting all medical evidence, witness statements and other paperwork can put you in a stronger negotiating position.
Questions About Your Medical Condition
One of the biggest aspects of determining your claim’s value is the medical diagnosis you receive.
Has my doctor confirmed I’ve reached maximum medical improvement (MMI)?
MMI means your doctor thinks that your condition has stabilized. If you accept a settlement before the MMI is reached, it may be difficult to determine the future medical treatments you’ll be needing and the true value of your claim.
Could I need future surgery or ongoing pain management?
Some spine injuries may require additional treatments in the future. Those anticipated expenses that you would incur in the event of future surgery, therapy or pain management should be part of your settlement amount.
Questions About What the Settlement Actually Covers
A fair settlement should be able to cover more than just your initial medical expenses.
Does it account for future medical expenses and lost earning capacity?
A fair settlement does not simply consist of the bills that have been paid. It should also cover any future medical costs that may be incurred. Also, if your injury also reduces your ability to earn a living, the settlement should account for both your future loss of earning capacity and your past lost wages.
| Type of damage | What it may include | Why it matters |
| Past medical expenses | Emergency care, hospitalization, diagnostic tests, surgery, medication, physical therapy | Compensates your expenses that have occurred as a result of the crash. |
| Future medical expenses | Follow-up appointments, rehabilitation, pain management, future surgeries, assistive devices | Includes continuous care that may be required even after the case has been resolved. |
| Lost wages | Loss of income during treatment or medical visits | Compensates for lost wages caused by your injury. |
| Loss of earning capacity | Decreased capacity in being able to work in your old occupation or have the same income moving forward | Covers losses from permanent or long-term restrictions. |
| Pain and suffering | Chronic pain, emotional distress, reduced mobility, loss of enjoyment of life | Recognizes the physical and emotional effects of a serious spinal injury. |
Has pain and suffering been fairly calculated for a spinal injury?
Spine injuries can cause lasting pain and reduced mobility. These non-economic damages can be recovered, as long as you can establish that the other party was 100% responsible.
Questions About the Offer and North Carolina’s Fault Rules
Insurers do not usually start with the best offer. There are various aspects to understand before signing a settlement, including how the settlement was determined and if North Carolina’s contributory negligence law is playing a part in what they are offering.
Is this offer lower because the insurer is raising contributory negligence?
Prior to accepting a settlement, ask if the insurance company is using North Carolina’s contributory negligence standard:
- Ask why they believe you’re at fault – Request a clear explanation if they’re assigning any blame to you.
- Review the evidence – Police reports, witness statements, photos and accident reconstruction will all help to counter fault claims.
- Understand the stakes – In North Carolina, being found even 1% at fault may prevent you from recovering compensation.
What am I giving up by signing and can I still seek more later?
When negotiating settlement terms, be sure you know exactly what you are surrendering:
- Most settlements will contain a release – This is where your rights to pursue any further compensation as a result of the accident are usually terminated.
- Future complications are typically not covered – You will typically not be allowed to reopen your claim if your injury gets worse in the future.
- Read the agreement carefully – Know exactly which claims and parties you’re releasing before you sign.
“While the dollar amount is obviously important, it shouldn’t be the only point of focus. You have to understand whether the settlement is really representative of your injuries, how strong your case is and what this accident may be costing you in the future.” – Robert Tatum, Tatum & Atkinson, PLLC
Call Tatum & Atkinson, PLLC and Understand Your Legal Rights
Our attorneys at Tatum & Atkinson, PLLC have achieved over $100 million in compensation on behalf of our injured clients and we’re available for a free consultation. When you are not sure whether to hire a personal injury lawyer, our attorneys will be able to consider the specifics of your accident, clarify your legal rights and help you seek the compensation you need. In case we accept your case, you would not owe us anything unless we win or otherwise. Call 800-LAW-0804 today to learn more.
Disclaimer: This article is informational and it is not legal advice. Every case is different. Discussion with a lawyer may assist you in knowing your individual legal alternatives.
Frequently Asked Questions!
How long does a spine injury claim usually take to settle in North Carolina?
Every case differs. Minor injury claims might be settled in a matter of months, while more significant spine injuries can take a year or much longer to be resolved.
What evidence helps increase the value of a spine injury settlement?
Information from medical records, imaging studies, doctor’s opinions, information regarding past treatment, employment records and information indicating how the spinal cord injury affects your everyday life can support your claim.
Will accepting a settlement affect my ability to file other legal claims?
Usually, yes. Typically, most settlement agreements waive any claims in connection to the accident. Signing that document would mean that you have no right to claim further compensation.
Can surveillance or social media posts affect my settlement?
Yes. Insurance companies may use surveillance or social media posts to challenge your injuries. Avoid sharing content that could be misunderstood while your claim is pending.
What if the insurance company refuses to make a fair settlement offer?
If negotiations fail, filing a lawsuit may be the next step. A North Carolina spinal cord injury attorney can help figure out whether litigation will offer a better outcome than settling.
