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When You Have Been In An Accident
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Q. I’ve been in an accident. Now what?
AnswerA.
There are several preliminary steps you can take that will help you preserve your claim and help your attorney better serve you. The following is a list of suggested steps, but it is not all inclusive and you should contact a lawyer as soon as practicable after the accident. Report the accident to the police and all insurance companies involved.- Write down the names and phone numbers of any and all witnesses.
- Go to the doctor or hospital if you feel there is any chance you were physically injured in the accident.
- Keep a list of all doctors or hospitals you visit.
- Make sure the medical providers properly document ALL of your symptoms (not just your worst ones) as well as accurately document the facts surrounding the accident leading to your injury.
- If the doctor suggests you stay out of work make sure you get a written note from the physician.
- Go to all follow up appointments with your doctors.
- Fill all prescriptions given to you by the doctor or hospital and keep the
- Write down everything you remember about the facts surrounding accident.
- Take pictures of your vehicle and of any visible injuries (bumps, bruises, broken bones, scrapes, everything).
- Keep track of your gas mileage when traveling to doctor’s appointments and other accident related appointments.
- Keep track of every penny you spend as a result of this accident and keep all receipts.
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Q. The insurance adjuster says they are ready to settle and that I don’t need an attorney. What should I do?
Answer A.
Always consult an attorney. Most personal injury attorneys do not charge for a consultation. Insurance adjusters know that an attorney may tell you that there settlement offer is insufficient, so they want you to stay away from attorneys whenever possible. You do not have to hire a lawyer just because you’ve had a consultation, so you are always better off at least talking to a legal professional before making any settlement arrangements. PLEASE always contact an attorney before you sign anything.
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Q. The insurance company is going to pay my medical bills, so why do I need a lawyer?
Answer A.
You might not need a lawyer. But the chances are very good that you are entitled to more than just your medical bills. You are likely entitled to lost wages, future medical bills, scarring, lost earning capacity, loss of consortium, punitive damages and pain and suffering. Instead of settling for the bare minimum, it’s a good idea to contact an attorney to make sure you are getting everything you deserve.
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Q. Is there a time frame in which I have to file my claim?
Answer A.
In North Carolina, an injured victim has three years from the date of injury to seek compensation. If the victim is killed as a result of the accident, the time limit is reduced to two years. There are always exceptions to most rules, so if you are concerned about time limitations, contact an attorney as soon as possible.
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Q. How long will it take to resolve my claim?
Answer A.
There is no easy answer to this question. A good lawyer will collect information and keep track of your progress from the moment you retain the firm. Once you have been released from your doctor’s care and have remained pain free for several weeks, a demand will typically be made to the insurance company. At that point the insurance company and the lawyer will begin negotiating. If they can agree to a fair number, the case will be resolved. If they cannot, a lawsuit will be filed and litigation will begin. Cases that result in litigation can take up to three years to resolve, longer if there is an appeal.
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Q. What happens if I am partially at fault for the accident?
Answer A.
North Carolina is one of three remaining states that follow the contributory negligence doctrine. That doctrine means that if you are even 1% at fault for your injuries, you cannot recover. Sometimes the insurance company is quick to say you were at fault even if you were not. That is why you should see an attorney immediately if you feel you have a claim so that witnesses can be located and evidence can be preserved.
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Q. How much does it cost for me to talk to an attorney about my case?
Answer A.
Most personal injury attorneys do not charge a consultation fee. That means your first visit with a lawyer is free and you have no obligation to retain that lawyer. Wallace and Graham attorneys work on a contingency fee basis. That means they do not charge the client any money unless and until the client recovers. Once a settlement or verdict is reached, the attorney then collects the fees and costs associated with the case. The benefit of a contingency fee is you don’t have to have money in your pockets to pursue a claim. Wallace and Graham will advance the costs of your case and wait until you actually receive money before collecting anything from you.
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If you have any questions about these issues, or any other concerns, please feel free to contact our office at 1-800-849-5291 or use this convenient form. |

Wallace & Graham, P.A. 525 North Main Street
Salisbury NC 28144
Toll Free: 1-800-849-5291
Local: 704-633-5244
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