In this guide, we will help you understand how filing a personal injury claim can secure you long-term compensation for your medical bills and other costs. In North Carolina, you have three years from the date of injury to file a personal injury claim. This is called the statute of limitations—it is important to contact a personal injury lawyer within this timeframe.

Understanding Personal Injury Claims

A personal injury claim is filed by an injured party against the person or entity who caused their injury, also known as the negligent or at-fault party. Most personal injury claims are filed after accidents, such as car crashes, slip-and-falls, and workplace incidents.

If you have been injured because of another party’s negligence, they should be held responsible for the damages they caused. You should not have to carry the burden of costly medical bills, and with a successful personal injury claim, you don’t have to. A strong claim will establish the other party’s liability and describe the damages you are owed.

Establishing the Basis of a Personal Injury Claim

To establish the basis of a personal injury claim, it is recommended that you contact a personal injury attorney soon after your accident. An attorney will help you gather evidence and weave it into a strong argument in your favor.

With proper evidence, your attorney can clearly establish the other party’s fault. In clear cases of fault, traditional evidence, such as police reports, photos, videos, and witness testimony, will suffice. But for more complex cases, your attorney may enlist the help of an accident reconstructionist or medical professional.

These connections can make or break your case, so it’s essential to hire a personal injury attorney with years of experience and a great track record.

How to File a Personal Injury Lawsuit in North Carolina

Filing a personal injury lawsuit in North Carolina can be an intimidating process. A personal injury lawyer makes this process easy for you. They will guide you from start to finish, taking the following steps to earn you proper compensation:

Investigate

Your lawyer examines evidence from the accident to determine fault and build a strong case for your compensation.

Negotiate

An insurance adjuster will make settlement offers, usually starting with lower numbers than you deserve. A personal injury attorney will help you understand the true value of your claim and negotiate with the adjuster to make sure you are given fair compensation for your injuries. 

Exchange Evidence

If the insurance adjuster won’t offer you a fair settlement, you can file a personal injury lawsuit to seek maximum compensation for your injuries. Once the personal injury lawsuit is filed, proceedings begin with an exchange of evidence between the two sides. 

File Pre-Trial Motions

Pre-trial motions may be filed to have the court make specific legal rulings before the case proceeds to trial. This can include requests to have specific evidence dismissed or arguments banned from the courtroom. 

Trial

If the case is not resolved in pre-trial motions, a trial before a judge and jury begins.

Medical Expenses Covered in North Carolina Personal Injury Claims

It’s important to know the value of your personal injury claim. Insurance adjusters will try to pay you as little as possible, claiming you are not entitled to certain forms of medical care. In many cases, they are wrong. A successful personal injury claim can cover the following medical expenses:

Ambulance Costs

You can be reimbursed for the ambulance trip from the accident site to the hospital, along with future trips related to your accident.

Emergency Room Bills

Emergency care can save your life and prevent serious injuries. While essential, it can be costly and should be covered by your claim.

Surgery

If you require surgery, all associated costs can be covered by a successful personal injury claim.

Prescriptions

Many injuries require treatment through prescription medications. These costs can add up over time.

Crutches, Wheelchairs, and Other Devices

If you need devices that enhance your mobility due to an accident, the at-fault party’s insurance should cover the cost.

Mental Health Counseling

You should be able to seek care for emotional suffering, which often occurs in tandem with catastrophic injuries.

X-Rays and Other Medical Imaging

X-rays, MRIs, CT Scans, and other imaging procedures are imperative in diagnosing injuries.

Professional Consultations

You will likely need to meet with medical specialists to determine your next steps after an injury. Just one consultation can put a dent in your savings—unless you are properly compensated.

Rehabilitation

Long-term rehab costs more money than anyone can reasonably afford on their own. Thankfully, a successful personal injury claim can fund your visits long-term.

Home Care

If you require in-home medical care or a dedicated nurse, a successful personal injury claim can cover the associated costs.

Calculating Medical Expenses in Settlements

 

Identify Current/Actual Costs

Your total accident-related medical costs are reviewed by your lawyer and the insurance adjuster. This can include emergency room, surgery, and consultation costs. 

Negotiation of Rates

Health insurance companies will negotiate lower rates with healthcare providers to lower their overall costs. 

Examine Expected/Future Costs

If you suffered a long-lasting injury, your personal injury attorney will consult with medical professionals to estimate your future medical costs. These costs can include in-home care, rehabilitation, therapy, and other related expenses. 

Other Expenses

Other expenses, such as ambulance and transportation costs, may be highlighted in your personal injury claim.

Factors Influencing Medical Expense Estimations

 

Injury Severity:

Because of their higher costs, serious injuries will qualify you for more compensation than minor injuries.

Contributory Negligence Rule:

North Carolina’s Contributory Negligence Rule states that if you are at all responsible, even just 1%, for the accident, your claim can be denied.

Length of Treatment:

The extent and difficulty of your expected recovery will likely affect your earned compensation.

Strength of Evidence:

Better evidence leads to better compensation, so it is important to save all medical bills and document the accident scene if possible.

Recovering Full Compensation for Medical Bills

 

Economic Damages:

Economic damages are determined by your current and expected medical bills, alongside other costs you have because of the accident.

Lien:

If your injuries were partially covered by health insurance, workers’ compensation, or other means, the insurer may put a lien on your settlement to recover its payments.

Speak With A Personal Injury Lawyer & Get The Compensation You Deserve

An accident can burden you with medical bills and other related costs. If you were not at fault in the accident, you deserve to be compensated for your injuries. Seeking compensation may seem complicated, but at Payne Law Firm, we make this process easy for our clients.

We have years of experience helping people like you seek compensation for their injuries. Our team works hard to secure the care you need, whether that be short-term or long-term care. The quality of your care matters—we pair you with a personal injury lawyer who helps you properly navigate the medical and legal system.

At Payne Law Firm, we are serious about your physical and financial well-being, so schedule a free consultation with our lawyers today.

FAQs

 

Do I have to pay medical bills out of my settlement in NC?

Yes, your medical bills will likely be extracted from your injury settlement through a lien. North Carolina law limits how much of your settlement can be taken.

What is personal injury protection medical expense?

Personal injury protection (PIP) covers your medical expenses, lost wages, and other damages sustained from a car accident.

What if my medical bills are more than my settlement?

Your personal injury attorney will work to negotiate your settlement and earn you proper compensation for your injuries. You should never have to pay out of pocket because of another person’s negligent actions.

What are out-of-pocket expenses in a personal injury claim?

Out-of-pocket costs are expenses that your insurer does not cover. Out-of-pocket medical costs are often unmanageable without a personal injury settlement.

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