Frequently Asked Questions about Personal Injury

WHAT TYPE OF INJURIES CAN DAMAGES BE RECOVERED FOR?

1. Auto/Motor Vehicle Accidents – North Carolina law allows recovery from drivers whose negligence causes injury. However, if you are injured, your own auto insurance policy may provide coverage in addition to the policy insuring the party at fault. These questions are complex, and you should consult an attorney before accepting insurance payments from any source concerning your case.
2. Premises Liability – An owner of property, such as a home or business location, may be liable for failure to use reasonable care to avoid injury to persons on that property. The owner is not automatically responsible for injury, but the law of negligence is again complicated, and you should see an attorney to evaluate your claim.
3. Worker’s Compensation – Most on-the-job injuries can be compensated under Worker’s Compensation law. Unlike negligence cases, Worker’s Comp claims do not depend upon proof of negligence. Recovery of damages depends on whether or not the injured party can return to suitable employment, whether or not there is permanent impairment, and other questions peculiar to Worker’s Comp law. Various time limits apply, and are different from the time limits in negligence claims.
4. Dog Bites, Defective Products, Miscellaneous – Other injuries caused by vicious animals, product failures, inadequate warnings, inadequate security, and other miscellaneous cases may give rise to a claim for injuries.
5. Social Security Disability – Programs under the Federal Social Security Disability Act provide benefits for individuals who are unable to engage in any substantial work activity by reason of a physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death. Our experienced attorneys know what proof Social Security and the Disability System requires, and can assist you in completing the multiple forms and paperwork required to present your claim. Our attorneys will insure that your case is presented effectively through the multi-level appeal process that often is required, which will give you the best chance of winning your case.

WHAT FINANCIAL COMPENSATION CAN I GET IN A PERSONAL INJURY CLAIM?

Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following:

• medical bills
• lost wages, including overtime
• pain and suffering
• physical disability
• disfigurement
• permanent scars
• emotional trauma
• mental anguish
• loss of enjoyment
• loss of love and affection
• mental disability
• property damage
• out-of-pocket expenses (transportation charges, house cleaning, grass cutting, and others).

HOW DO I KNOW IF I MAY NEED AN ATTORNEY?

If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible.

In a serious injury case, you are better off hiring an attorney as soon as possible. Our firm offers a free consultation, with no obligation; therefore, you have nothing to lose by consulting our attorneys before you accept the insurance company’s offer.

Personal injury claims often involve complex questions concerning reimbursement rights of health insurance companies or plans, Medicare or Medicaid, and liens of providers of medical services. West and Smith have the experience to help you navigate through those issues to obtain the best result in your case.

WHAT IS A CONTINGENCY FEE?

A contingency fee is a fee that is used by lawyers in most personal injury cases. It is conditioned upon your attorney’s successful resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear “there is no fee unless there is a recovery”. The client is generally responsible for the out-of-pocket costs of litigation.

IF I HAVE A PERSONAL INJURY CLAIM, DO I HAVE TO GO TO COURT?

Most personal injury cases are settled out of court between opposing lawyers or by the insurance company. If a case does go to trial, you most likely will have to appear so that your testimony can be presented.

HOW LONG DO I HAVE TO MAKE A CLAIM FOR PERSONAL INJURIES?

Every state has certain time limits, called “statutes of limitations,” that govern the period during which you must file a personal injury lawsuit. In general, the statutes of limitation for personal injury cases are from one to three years, and the time begins from the time of the accident. There are some exceptions, and our experienced lawyers can insure your claim is properly filed within the correct statute of limitation.

HOW LONG WILL IT TAKE TO SETTLE MY CLAIM?

The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it may take to settle. If your case is handled by West & Smith, you will be kept informed of the progress of your case at all stages.