An injury is considered a personal injury when:
If you meet some or all of those requirements you may be able to file a claim or lawsuit so you are compensated for the damage and costs.
Every personal injury case is different, but these are some of the most common claims a personal injury lawyer helps people with:
Factors that could be considered in a personal injury claim include automobile accidents, product liability and medical malpractice. Your responsibility related to the injury, as the plaintiff, will be also considered.
If you have questions or concerns about your personal injury claim and the factors involved, a Wilson, Reives & Silverman personal injury lawyer will be able to discuss them with you during your free initial consultation.
At Wilson, Reives & Silverman, your personal injury claims will be handled on a “contingency fee” basis. That means we generally take 25 percent of the recovered costs, plus expenses and other costs. We do not charge any fees until there is a recovery of benefits.
Personal injury accidents include:
If you’ve been injured or involved in an accident, you should seek medical attention as soon as possible. By getting medical care immediately, it may be less of a problem to prove that your injuries resulted from the accident. When you seek medical care, be sure to tell the health care professional the day, time and circumstances surrounding your injury or accident.
After seeking medical treatment, it is in your best interest to file a personal injury claim if you feel your accident or injury is the fault of another person or entity.
By speaking to a personal injury lawyer, you can learn if you have a case and how strong it might be.
You should write down everything you remember about the injury or accident. This includes:
Yes, before communicating with an insurance company, talk with a personal injury lawyer. An insurance company may pressure you to give and sign a formal statement shortly after the accident or injury occurs, but your lawyer will be able to advise you on your rights.
Yes, it is possible to file a claim against a property owner for a personal injury. This would be considered a premises liability accident. These accidents occur at commercial buildings such as stores, schools and offices, in rental or private homes or on public property like parks, streets and public transportation vehicles.
Personal injuries that would fall in the category of premises liability injuries include:
Examples of premises liability accidents include:
For people in Apex, Sanford and throughout North Carolina, you may not hear about dog bites often. Our state, however, was one of the top two states in the United States for fatal dog attacks in 2012.
Beyond this alarming frequency, dog bites are also the fifth most common cause of emergency room visits for children. According to the Centers for Disease Control and Prevention, each year 368,000 people visit the hospital because of an injury related to a dog bite.
In North Carolina there is the “one-bite rule.” This means a dog owner with a dog that has not previously been dangerous will not be liable for the dog’s actions if it is involved in an attack or bites someone.
After the first incident of biting or an attack, the dog is labeled “potentially dangerous” and the owner will be responsible for all dog bite incidents in the future.
The “previously dangerous” label can apply to a dog if it:
If you’ve been bitten by a dog, you should gather the answers to the following questions:
If you’ve been involved in a motor vehicle accident and may have sustained a personal injury because of it, you should request copies of any and all law enforcement reports related to your accident.
Some reports may be part of the public record, and others are available for a small fee. A police report is usually not required to file an insurance claim, but sometimes insurance companies will want the report if they need to pursue or defend a lawsuit.
When you request a police report, review it to see if it includes the content of a standard police report, which could be:
If you cannot obtain copies of the reports you need, call a car accident attorney.
Yes, as part of your personal injury claim, you can seek compensation for all expenses related to the accident. You should keep a record of any expenses including:
In the case of a motor vehicle accident, insurance companies may attempt to deny payment for these expenses, so it is important to keep your documentation and receipts.
A hit-and-run motor vehicle accident can be a shocking and alarming event. It’s important that you write down as much information as possible, as soon as possible. Record information about the car that hit you, including the make, model, color and (if possible) license plate number. Anything you remember about the car, such as unique identifiers like existing damage or bumper stickers, as well as the driver’s appearance, should also be recorded.
Before you leave the scene, do the following:
Witnesses can act as powerful allies in helping you record evidence. Get the names and contact information of all witnesses. If the accident occurred in a neighborhood or residential area, knock on doors and ask if the people in the homes are familiar with the car that hit you. It’s possible that someone may be familiar with the car and its driver.
If the accident is in a parking lot, you should ask business owners and store managers to check their video cameras. Sometimes an accident can be recorded by a security surveillance camera. There is also the chance that the camera recorded an image of the driver and car as they left the scene around the time of the accident. If you need help gaining access to the video footage, ask your hit-and-run accident lawyer to help. Make sure to report the accident to the police and follow up with them for a copy of the police report.
Yes, if you’ve experienced harmful side effects of medication, you have the grounds for a personal injury case. Medication manufacturers have a responsibility to produce drugs that are effective and safe. If these medications cause serious injury, you should seek compensation for your injuries. These injuries can be caused by defects in the manufacturing process, the product’s design, or if the packaging did not include detailed information, warnings or instructions.
If you experience a personal injury related to medication and feel that you have a legitimate claim, you should meet with a personal injury lawyer as soon as possible. An experienced lawyer can discuss the strengths of your case with you.
An experienced personal injury lawyer can help you determine the possible worth of your claim. With any personal injury case, the person or entity who caused the accident that injured you could be responsible for:
According to the CDC, in 2010 alone, 2.5 million traumatic brain injuries occurred as an isolated injury or along with other injuries. Brain injuries can be caused by a jolt, bump or blow to the head. They could also be caused by a penetrating head injury. Any traumatic brain injury disturbs the standard functions of the brain, and they can range in intensity from “mild” to “severe.” With traumatic brain injuries, symptoms can appear right away, but they may not be apparent for days or weeks after the injury.
Traumatic brain injury may fit into these categories:
Mild brain injury symptoms can include:
A severe brain injury may present symptoms more closely related to pain or cognitive functions, such as:
If a personal injury claim is filed because of damage or loss caused by a traumatic brain injury, a monetary settlement may be an option. While this will not help you heal sooner, it can help you cover the cost of recovery. It will provide some support as you attempt to move forward with life after the accident. An experienced personal injury attorney specializing in brain injuries may be able to help claim the following damages related to your accident and injury:
Yes, the state of North Carolina has a statute of limitations for personal injury cases. It is 3 years from the date of injury. Within this time frame, you need to file a lawsuit by going to civil court with a personal injury attorney.
With products liability claims, the statute of limitations is 6 years to initiate any action, which begins from the date you purchased the defective product.
If you do not get your lawsuit filed before the limitations period ends, the courts will most likely refuse to hear your case. You will lose your right to any compensation or benefits that you may have been entitled to.
Yes, it is possible for a personal injury claim to be denied. Legitimate personal injury claims are denied for any number of reasons. A denial, however, does not mean that your case is over.
If you receive a letter denying your claim, you should speak with a lawyer. Your attorney can help you file for a hearing with the Deputy Commissioner of the NC Industrial Commission.
Your personal injury claims may be denied for several reasons. The most common reasons include:
If your personal injury claim is denied, the denial letter should include the specific reasons for the denial. If you still do not understand why it was denied, talk to a lawyer.
Wilson, Reives & Silverman personal injury lawyers can provide you with effective, trusted and experienced legal counsel. We can help you figure out if filing for a hearing with the Deputy Commissioner is the best course of action, and if so, prepare your case for mediation.