FAQs About Serious Or Catastrophic Injury Claims

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Q: What exactly is a claim for personal injury?

A: Personal injury occurs when someone is hurt by the actions of another. The injured party must show that the other party acted negligently in causing the accident to occur and that the injury is a direct result of those actions.

Q: What is contributory negligence?

A: North Carolina is one of the few states that still follows the law of contributory negligence. Contributory negligence means that if the other side can show that you in anyway contributed to the accident (even by 1%) by not exercising reasonable care under the circumstances, than you may be completely barred from recovering.

Q: What is the statue of limitations for my personal injury case?

A: Generally, in North Carolina, parties have three years to bring a lawsuit after the accident occurred which is the basis for the action. Parties have two years from the date of death of an individual to bring an action for wrongful death. Statutes of limitations can be complicated by several factors and therefore it is very important you have any attorney review the facts of your case before determining that the statute of limitations has run. Do not hesitate to contact our office for a free consultation regarding your case.

Q: How much will it cost me to obtain legal services?

A: The cost of legal services depends on the type of case you have. At Miller Law Firm, PLLC, we take personal injury and wrongful death cases on a contingency fee basis. This means that there is no attorney's fee unless you recover for your case. Upon recovery, the attorney fee is a percentage of the recovery. If you would like to discuss this further, please contact our office and we would be happy to discuss the specifics of your case.

Q: Will I have to go to court?

A: Ultimately, you get to make this decision. At Miller Law Firm, our goal is to get the responsible party or their insurance carrier to offer you a fair settlement as quickly as possible. If the responsible party or insurance carrier deny your claim or refuse to pay you a fair amount it may be necessary to go to court to enforce your rights.

Q: I am not sure about hiring an attorney, but I was injured and the insurance company is not offering a fair amount. What should I do?

A: The insurance company representing the person responsible for your injuries is not there to protect you. Their goal is to get you to settle your claim for the least amount of money possible. The insurance company understands that, quite frequently, after an injury, people are in a difficult financial situation because of the need to take time off work and based on medical bills incurred as a result of the accident. Based on this information the insurance company may offer substantially less than may be recoverable under North Carolina law in hopes that you will settle due to the pressure you are under.

A person injured by another's negligence has a number of rights under the law. Insurance companies have experienced adjusters and lawyers whose job it is to protect the insurance company, not you. Contact us if you would like to discuss your rights and determine if hiring an attorney is right for you. There is no charge for your initial consultation with Miller Law Firm.