Personal Injury FAQ

Experiencing an accident is an incredibly distressing event that can result in physical injuries, emotional distress, and financial strain. If you ever find yourself in such a situation in North Carolina, it is crucial to act swiftly and contact an attorney right away. Most of the time, insurance companies are not on your side. Instead, they tend to manipulate your statements to weaken your claim. After being involved in an accident, time is working against you. Insurance companies know how to take advantage of your vulnerability, so you need to act quickly and take immediate steps in order to even…

Damage caps, or the maximum sums you can receive for your injury, apply to certain types of personal injury cases in North Carolina. Damages that actually cover your out-of-pocket costs related to medical care, property loss, and other economic damages are never capped. Damage caps only apply in specific circumstances and only when other forms of compensation, such as non-economic or punitive damages, are also available. Common Personal Injury Claim Types Numerous events can result in personal injuries stemming from the negligence of another party. The following are some of the most typical personal injury claims: Car crashes Slip and…

Your emotional hardship or mental anguish following an accident or injury is referred to as "pain and suffering." You have the same right to collect expenses for expenses related to emotional anguish as you do for the medical care of broken bones, brain injuries, and other physical injuries. Pain and Suffering Damages After an accident or injury, experiencing powerful emotions is natural (and expected). Even if you weren't hurt physically in a minor vehicle accident, it's normal to feel uneasy, nervous to drive, or anxious in other ways later. These emotions frequently fade with time, allowing you to return to…

Accidents involving cars frequently result in neck and back injuries. Each year 2 million back injuries occur across the US. Unfortunately, any damage to the spine or the muscles and tendons surrounding it can be costly, challenging to heal from, and have a long-term impact. In fact, back pain is the leading cause of disability worldwide. Because of this, it is even more crucial to ensure you are fairly compensated for any injuries sustained if the accident was due to the negligence of another. Back and Neck Whiplash Injury Symptoms Many of these symptoms will manifest right away following the…

Medical mistakes are more common than most people think. One study from Johns Hopkins even suggests they might be the third leading cause of death after cancer and heart disease, causing more than 250,000 deaths per year nationwide. But a medical mistake does not always mean medical malpractice occurred under North Carolina law. If you believe that you’ve been the victim of medical negligence, please consult a Raleigh medical malpractice attorney immediately. They can help you determine if you have a strong case and lay out the next steps if you wish to proceed with a lawsuit. What Can I…

First, we’ll need to know whether the school is public or private. Public schools are generally covered by sovereign immunity, a legal concept in which you cannot sue the government without its consent. However, the North Carolina state government has passed several pieces of legislation allowing the state to be sued under certain circumstances. One exception to governmental immunity is when the school board buys liability insurance, which often waives their right to immunity. If your school has done so, we can seek damages directly from the insurance carrier. In other situations where your child’s injury falls into an exception…

MedPay, also referred to as medical payments coverage, is an optional add-on available in many states for car insurance policies. In the unfortunate event of a car accident, MedPay provides valuable coverage by assisting in the payment of medical expenses for both you and your passengers, regardless of fault. What Does MedPay Cover? Compared to health insurance or personal injury protection (PIP) coverage, MedPay's coverage limits are often lower, making it less useful for paying accident-related medical bills. MedPay only covers medical costs. In short, it does not pay for other losses that would be covered by other insurance policies,…

When someone you care about passes away, you may not be thinking about legal matters. However, it's important to know that dealing with legal stuff can be complicated after a person dies, especially when it comes to things like handling their property, following the wishes in their will, and going through the legal process called probate. Hiring a law firm during this tough time can give you the guidance and support you need. They Are Skilled in Estate Administration Settling an estate can be a challenging and legally complex task. Having a law firm experienced in estate administration by your…

Amputation is a surgery where a doctor removes a limb or part of a limb because of a disease, injury, or other medical problems. In North Carolina, like in any other state, amputations are done to make the patient's life better, reduce pain, and stop infections from spreading.  What Are The Causes Of Amputation? In North Carolina, people may need to have amputations for different reasons, such as bad accidents or serious infections. Accidents, like getting hurt at work or being in a car wreck, are one of the main reasons why people need amputations.  North Carolina’s Legal Considerations In…

The Roundup litigation refers to the series of legal cases against Monsanto, the company that produces a product Roundup, which is a weed killer. The International Agency for Research on Cancer (IARC) says that glyphosate, the main ingredient in Roundup, is carcinogenic, which can cause cancer in humans. As a result of this classification, numerous individuals, including farmers and gardeners, took legal action, alleging that Roundup caused them to develop a specific kind of cancer. Those affected believe that Monsanto knew about the risks but didn't properly warn people or provide safety instructions. Over 42,000 lawsuits have been filed against…

According to the 2012 North Carolina General Statutes, Rule 414 or the evidence of medical expenses, states that, “Evidence offered to prove past medical expenses shall be limited to evidence of the amounts actually paid to satisfy the bills that have been satisfied, regardless of the source of payment, and evidence of the amounts actually necessary to satisfy the bills that have been incurred but not yet satisfied. This rule does not impose upon any party an affirmative duty to seek a reduction in billed charges to which the party is not contractually entitled.” The rule states that regardless of…

Talcum powder litigation concerns the disputes and lawsuits that have emerged concerning the use of talcum powder. Recently, there has been an overload of people who have raised concerns about talcum powder's connection to ovarian cancer and other health problems.  Thousands have filed lawsuits claiming that using talcum powder for feminine hygiene over a long period of time has led to ovarian cancer, arguing that talc particles can move from the genital area to the ovaries, causing inflammation and the growth of cancer cells. These complaints come from the belief that talc manufacturers and suppliers knew about the risks but…

The total cost of your medical care will likely increase as you heal from an injury, and may amount to a tremendous expense. Following an accident, you may also be unable to work and require money to meet your basic needs. Finding out what damages you can seek after an accident in North Carolina and how to do so is essential. After sustaining an injury in an accident due to the negligence of another, you may be entitled to receive financial compensation for the total value of your damages. What Is a Tort Claim? In general, personal injury law aims…

Social media is a big part of our lives, letting us connect and share things with people all over the world. But it also comes with some problems, especially in personal injury cases. In North Carolina, and many other places, what you post on social media can really affect how your case turns out. Even innocent-seeming posts or pictures can be used by insurance companies and lawyers to make your case weaker and hurt your chances of getting the compensation you deserve. Therefore it's important to be careful about what you post online when you're dealing with a personal injury…

Insurance is meant to give policyholders peace of mind and financial protection when needed. However, in some cases, insurance companies act in bad faith, undermining the very purpose of insurance. In North Carolina and many other states, this is a serious concern with significant consequences for policyholders. Definition Of Insurance Bad Faith Insurance bad faith arises when an insurance company neglects its contractual duties to the policyholder in an unjust or deceptive way. In North Carolina, similar to other states, insurance companies must uphold the duty of good faith in managing claims and interacting with policyholders. This obligation includes various…

Why Is Making Sure There Are No Gaps In Your Treatment Important For Your Case In North Carolina?   In North Carolina's healthcare system, it's important for people dealing with health issues to follow a steady treatment plan. Gaps in treatment can seriously affect how well the medical care works and the person's overall health. Sticking to a seamless treatment plan is key in navigating the healthcare system in the state.   Legal And Insurance Implications   In North Carolina, like in many places, the rules and insurance factors have a big impact on how people experience healthcare. Having insurance…

In a perfect world, when you have a valid insurance claim, insurance companies would quickly and fairly give you the money you're owed. But in reality, insurance companies aim to make as much profit as they can, so they often try to pay as little as possible. In North Carolina, and in many other places, people often have to fight with insurance companies to get the money they should rightfully receive. Lowballing Initial Offers A trick that insurance companies often pull is to offer you way less money than your claim is actually worth when they first make an offer.…

In the world of personal injury law and wrongful death cases in North Carolina, the concept called "loss of companionship" is important. This idea helps people get compensation for things that can't be measured in money. Loss of companionship is when you recognize the emotional and caring support that a spouse or family member gave before they were hurt or died too soon. Some people also call it "loss of consortium." Loss Of Companionship Essence Loss of companionship is all about addressing the deep emotional pain and suffering that people go through when they lose a loved one or see…

Choosing to get immediate treatment is a big decision that can really affect your health and overall quality of life. Timeliness And Health Outcomes Swift action is crucial in healthcare, and this is just as important in North Carolina as anywhere else. Starting treatment promptly can greatly impact health results, especially in cases of sudden illnesses, injuries or medical emergencies. Putting off treatment can make symptoms worse and lead to complications. Imagine a situation like a stroke, where quick intervention is necessary to minimize brain damage. Residents in North Carolina, like those everywhere, gain from a healthcare system that values…

The primary focus of parents and society is the safety and welfare of children. Regrettably, incidents of child sexual abuse can manifest in diverse environments, including educational institutions such as schools, where teachers are entrusted with creating a safe learning space. In North Carolina, as in numerous other jurisdictions, there exist distinct legal procedures and avenues designed to address such distressing cases. Mandatory Reporting Requirements In line with the majority of states, North Carolina has implemented laws requiring specific professionals to promptly report any suspected instances of child abuse. Teachers, school administrators, and other school staff members fall under the…

Historically, places of worship have been seen as havens, offering comfort, assistance, and a communal bond. Nevertheless, even in the most revered settings, the unimaginable can occur. When a child experiences sexual harm within the confines of a North Carolina church, it gives rise to serious concerns, demanding a careful, compassionate, and systematic approach. Understanding Behavioral And Emotional Indicators In Children The aftermath of child sexual abuse can deeply affect a child's behavior and emotions, highlighting the importance of early intervention. Identifying these signs is critical for timely action. Behavioral cues may include abrupt mood shifts, withdrawal from regular activities,…

In the legal system, damages are important for fixing harm caused by wrongdoing. North Carolina, like many places, has two main types, compensatory and punitive damages. They both serve justice but in different ways. Compensatory Damages Compensatory damages, essential in civil lawsuits, get their name from their purpose of reimbursing the injured party for losses caused by the defendant's actions. The main goal is to bring the plaintiff back to their pre-injury condition by addressing both financial and non-financial damages. Economic Damages. In economic damages, there are clear and measurable losses that directly impact the plaintiff's finances. North Carolina recognizes…

Hiring a Personal Injury Attorney and Understanding Associated Costs Personal Injury Claims Balancing Costs and the Hiring Process in Personal Injury Claims Personal injury claims are complex, demanding a strategic approach to secure fair compensation. In this comprehensive guide, we delve into two crucial facets that shape the trajectory of personal injury cases—understanding the costs associated with legal representation and navigating the intricate process of hiring a personal injury attorney. Unraveling Costs in Personal Injury Cases: How Much Does a Personal Injury Lawyer Cost? Costs Associated With Personal Injury Legal Representation When it comes to personal injury representation, there are…

In North Carolina, if you've been injured because of someone else's negligence, you're entitled to be reimbursed for the income that you lose while you're recovering. However, the bad thing about this is that the negligent party's insurance company typically won't currently pay you for these losses that you've sustained during your time away from work. This means that your lost wages won't be paid until you have reached a settlement agreement with the at-fault party's insurer. And this presents an uncomfortable position of trying to make up for your lost wages until you get your settlement check, which won't…

Suffering bodily injuries in an accident can be devastating and life-changing, regardless of your age, financial situation or the type of accident and injury you suffered. The situation becomes more complicated when the accident was the result of wrongdoing or negligence of another person. Your life can turn tragic from normal in a few moments. The personal injury lawyers at Tatum & Atkinson, PLLC are committed to seeking justice for those who have suffered injuries due to another’s negligence. We understand your need for responsive and compassionate legal guidance. You can trust us to do everything possible that helps you…

It is completely understandable if you feel the initial hesitation in hiring a lawyer after you have been injured in an accident. You may think you cannot afford the attorney’s fee on top of rising medical bills and lost wages. Fortunately, most of the dedicated personal injury lawyers in North Carolina would work on a contingency fee basis. In this type of fee agreement, the attorney can provide the legal services without charging an upfront cost. This makes it legal representation affordable for all injured victims. The personal injury legal services at Tatum & Atkinson, PLLC are provided on a…

Being hurt in an accident is hard enough. But then the medical costs start to add up, the insurance company pressures you, and you have trouble paying your bills. You start to realize that you should probably talk to a lawyer about this. However, you're worried about how much it will cost. You wonder whether you have to pay to speak to a North Carolina personal injury attorney. The quick answer to the question in most cases is an unequivocal "no." You might be surprised to learn that it won't cost you a thing to talk to a lawyer who…

If you have been harmed in an accident, you are likely wondering if you have a case and how much it might be worth. Googling your personal injury case value can lead you down a rabbit hole of misplaced expectations in either direction! Keep in mind that the true value of your personal injury claim is only based on what you can, in fact collect. For instance, if a plaintiff has an extensive burn case with millions of dollars of health care costs and millions worth of lost wages, but can only collect $20,000, then that's what the case is…

After you've been injured in in a car accident or another dramatic event, you may have to endure lots of medical care, such as doctor visits and ongoing physical therapy. According to North Carolina law, if another person wrongfully causes your injuries, they are liable for your medical bills. However, the wrongdoer may shriek responsibility and delay paying. Sometimes it's because they want to make a low-ball settlement more appealing or want to press you into filing a lawsuit. Fortunately, an accident victim can work with a personal injury attorney to navigate the legal process to get money to pay…

If you were involved in a vehicle collision or other accident where you experienced major injuries (such as broken bones or fracture, a spinal cord injury or a brain injury), you're probably interested in knowing how much it costs to hire a personal injury attorney. By making an investment in the right lawyer, you can help your chances to reach the best outcome possible for compensation for your losses. Read on to learn about the costs involved for personal injury representation. For a greater understanding of how a lawyer can help you, you can contact an experienced personal injury lawyer…

It's not always clear when you can pursue a NC personal injury claim. Just because you were injured in a car accident or other incident doesn't mean you automatically have the proper grounds. If you're wondering whether you actually have a case, the best thing you can do is to talk to an attorney, well versed in personal injury law. If you contact Tatum & Atkins, PLLC, you can speak to a qualified personal injury attorney for free who can help you evaluate whether you have a valid personal injury claim, give you an idea of case value and timeline…

If you've been harmed in an accident, you probably want to be compensated for your injuries and losses. You want to explore filing a lawsuit but aren't sure about the timing or how to do it. So, exactly how long do you have? For most North Carolina personal injury cases, you have three years to file. Known as the statute of limitations, if you miss this important deadline, you also miss the chance to get much needed funds in a winning case. While three years sounds like a lot of time, it can fly by, and you don't want to…

When it comes to your North Carolina personal injury settlement, a release is a binding contract that states that you agree to settle your case in exchange for the money amount that is in the settlement. It is an important document to you as a personal injury victim because generally, you won't be able to cash your settlement check until the release has been executed, signed, and given back to the other party's insurance company. A settlement release (also known as a release of claim form or a liability waiver form) works impacts your legal options and is an important…

After you have finally gone through all of the stages necessary to reach a personal injury settlement, you are probably beyond ready to get your check. You've been through negotiations, probably filing a lawsuit, and mediation. Between the medical bills that haven't been paid, the payments that you owe insurance companies, and the missed time from work, you want to be able to stop putting your life on hold. Your personal injury attorney can fill in the blanks when it comes to the specific date of payment for your case, but you can get an idea of when it's coming…

It is pretty well established that when you get into an accident, you should receive compensation for your medical bills from the negligent party. Unfortunately, you won't see any of the financial compensation until the case has been through the settlement process and that's assuming that the insurance company agrees to pay. And then there's the added problem that occurs when your injury leaves you unable to work and you have no income. One of your biggest worries is: How can I pay my medical bills until I get my check? There isn't an easy answer to the question, but…

North Carolina is among the few states, which still impose the law of “pure” contributory negligence in personal injury cases. This means that even if you are 1% at fault for your accident in North Carolina, you may not recover any damages from the other party who was 99% responsible for your injuries. It’s common for insurance companies of the negligent driver in North Carolina to deny claims based on the belief that the victim was also partly at fault for the accident. You should get in touch with a competent North Carolina attorney for understanding your legal options in…

Just because you can do something yourself, doesn’t necessarily mean that it’s the best option. Remember back in 2020 when everyone was trying DIY haircuts at home? It was a fun TikTok trend for a while, it solved a problem during social distancing, and some home haircutters really liked the results. But most people went back to their hair salons or barbers as soon as it was safe to do so. Why? Because haircutting usually turns out better with knowledge, skill, and experience. Of course, if you get a bad haircut it will grow out eventually. If you make a…

An accident or other incident could leave you with serious injuries. This can prompt you to want to take legal action. But the issue is not only whether you can sue, but also who can you sue for injuries? The answer isn't always easy to come up with. Yes, you can sue the person that directly caused your injuries (it isn't always apparent), but there may be additional defendants to sue. This is when your lawyer can come in handy, to help determine all the accountable parties. You can contact one of our Tatum & Atkinson lawyers to help in…

Filing a civil lawsuit in North Carolina involves multiple steps and documents that your attorney will help you with. Although instructions can be found on the North Carolina Bar’s website, having the assistance and guidance of a personal injury attorney will help you ensure everything is done correctly so you don’t lose any time. Let’s take a look at some of the steps you and your lawyer will go through as you begin the process: What Court Should I File In? This is one of the first steps of the process. There are three courts, which have different purposes: Small…

If you've been injured because of someone else's negligence, you probably have a lot on your mind to consider. One of your most pressing matters is how to take care of the medical expenses and the possible loss of your income. The way to get to that is through pursuing compensation from the at-fault party. Something else you might contemplate is whether you really want help from a lawyer with this or to handle it on your own. You might ask yourself: Do I need a lawyer for my personal injury case? The answer (for the most part) is yes.…

We hear this a lot. Maybe you got the idea because the other person involved in the situation has said something like, “Please don’t sue me, I’ll go bankrupt! I don’t have any money!” Or maybe you just believe that’s what happens in a personal injury case. But the truth is that personal injury cases rarely ruin anyone’s life, and the person responsible for your injury probably won’t end up paying for it themselves. Most importantly, if you’re inundated with medical bills you can’t pay and are unable to work, then the only person suffering is you. Let’s take a…

Being involved in an accident or other incident can cause you harm, resulting in serious injuries. The injuries that you suffer are not only painful emotionally and physically, but the harm also takes a financial toll because it is usually costly to treat. This is the reason that you will likely want to pursue some form of compensation. However, it takes more than just the desire to sue and the need for money after your injury to warrant a lawsuit. Read on to get information about whether you can sue after an accident. If you believe that you have a…

Statute of limitations refers to laws setting legal deadlines in certain types of legal actions. Often, the time limitation is determined by an event, such as when an injury has occurred and dictates how long an individual has to initiate a lawsuit. Statutes of limitations vary from state to state, but typically in personal injury or wrongful death lawsuits, there is a statute of limitations ranging from two to three years from the date of injury or death. However, the statute of limitations may be extended in some cases, such as when the injury occurred to a minor. In other…

If you become injured at work, you should immediately take two actions: tell your employer and get medical help as soon as possible. In addition, when injured on the job, you should inform your supervisor immediately to initiate the workers' compensation process. Ensure that you keep records of all forms signed by you or given to you and act quickly to avoid delays in getting you the compensation you deserve. Workers' compensation will pay for medical expenses directly related to your illness or accident. You may also be eligible for a portion of your lost wages while out of work…

You are most likely here because the negligence of another party, or parties, has caused you pain and suffering. Making a claim against them might be challenging because solid, thorough evidence and legal acumen are often required to guarantee just compensation for you. Additionally, you will need a personal injury lawyer to help you present an equitable defense against the offender should the claim move to trial. We will go through what constitutes reasonable compensation for your pain and suffering in this article and how to obtain it. What Is Pain and Suffering? The term "pain and suffering" is used…

Any injury sustained in an accident will undoubtedly feel severe when it occurs to you or a loved one. However,  a "catastrophic" injury causes significant, irreversible disability. A catastrophic injury will alter your life irrevocably. Along with the physical discomfort, it also prevents you from working. Numerous catastrophic injuries result annually in the U.S. from vehicle or truck accidents, work-related accidents, sports injuries, or other serious situations for which you may be eligible to receive monetary compensation if you become severely injured due to no fault of your own. Tatum & Atkinson, ‘the Heavy Hitters,’ are aware of the seriousness…