Frequently Asked Questions About Personal Injury Claims in Charlotte, NC

• What to do after a personal injury accident?

  • If you are injured, immediately contact 911 to get medical attention.
  • You, or someone you know, should take detailed pictures and videos of the accident scene and your injuries.
  • Follow your doctors’ orders as closely as possible.
  • Do NOT stop treating until you feel you are recovered from your injuries.
  • Do not delay getting treatment after the accident.
  • Keep all receipts you may have pertaining to medical bills and lost wages.
  • Contact an experienced Charlotte, NC personal injury lawyer as soon as possible.

• Who is the best person to rely on for advice about my case?

  While you may be inclined to rely on friends and family for support during this time, advice from a legal professional with in-depth knowledge of personal injury law is indispensable. Each accident is unique, so you need tailored advice based on the particular circumstances of your case.

• How do I know if my situation warrants contacting an attorney?

  If an individual, professional, or company committed negligence or recklessness that resulted in your injury, that’s reason enough to contact an attorney. After an injury, it’s not always immediately obvious how it could affect your life. A seasoned personal injury attorney has the experience to recognize the potential long-term effects of your injury.

• How much does a personal injury lawyer cost?

  Most personal injury lawyers work on a contingency fee basis. A contingency fee means that you pay nothing upfront. Rather, the fee based on a percentage of how much the attorney can recover for you. At Schehr Law PLLC, we have a No Fee Guarantee. We guarantee that we will not charge any fees unless we win for you.

• What damages may I be entitled to receive compensation for?

  Depending on the circumstances of the accident, the kinds of damages for which you may be able to pursue compensation may include medical costs, loss of wages, pain and suffering, property repair or replacement, home healthcare, lost earning capacity, and more. Your attorney can ensure the calculation of your damages encompasses all of your losses.

• What is the statute of limitations in North Carolina?

  Personal injury cases have a statute of limitation date of three years from the date of the accident. The time period changes to two years for wrongful death actions. It is important to note that if you do not file suit by the statute of limitations date, you will be barred from recovery.

• How much is my personal injury case worth?

  There is no clear issue as to how much a personal injury case may be worth. Each case is different and depends entirely on the facts of the case. However, certain cases certainly hold more value than others. Traumatic injuries, brain injuries, and trucking accidents are cases in which major settlements and verdicts may be had. In essence, the more serious the injuries are, the more value a case may have.

• What is fair compensation for Pain and Suffering?

  Pain and suffering is generally calculated based on the severity of the accident. There are different models for calculating pain and suffering. The general method is a multiplier method based on your medical bills and how severe the accident was. Another method is calculating your pain levels and the time period of pain. Depending on your injuries, including mental health, will determine what your attorney will demand for pain and suffering.

• When will I be offered a settlement from an insurance company?

  Some injured victims are offered a settlement within days of reporting the accident to the insurance company, but we strongly advise you not to accept it before consulting an experienced Charlotte, NC injury attorney. These quick settlement offers are often much less than you really deserve.

• What if I am partially at fault for the accident in North Carolina?

  North Carolina is a contributory negligence state. Contributory negligence means that if you are even one percent (1%) at fault in the accident, all recovery will be barred. There is one doctrine called the last clear chance rule that may apply and allow for recovery despite you being partially at fault.

• What if the defendant does not have insurance?

  If the defendant does not have insurance, there are several avenues an attorney can take to get you compensated. The first avenue is going after the defendant personally. This is done by filing a lawsuit and getting a judgment against the defendant. Proceed with caution with this method. If it is determined that the defendant has not assets, there will be nothing that can be recovered.

  Another avenue is looking towards your own insurance. If you hold underinsured or uninsured motorist coverage, you may be able to recover for your injuries through your own insurance.

• What type of case is a personal injury case?

  A personal injury case is a civil case. This case is filed in the civil division of the courts. Depending on how much compensation you recover determines whether the lawsuit is filed in district or superior court. Personal injury cases are not criminal cases.

• Can I send a demand package without an attorney?

  You can but it is certainly not advised. An attorney will be able to collect all the necessary evidence and accurately evaluate your case before sending a compelling demand package.

• Will an attorney increase my settlement?

  Attorneys are not allowed to make promises or guarantee any results. However, data has concluded that attorneys generally increase a personal injury settlement by more than 30% of that of a non-attorney.

• Can I file a personal injury lawsuit without an attorney?

  There is no rule against filing a lawsuit as pro se. Pro se means filing a lawsuit on your own without an attorney. Although this can be done, we highly recommend against it. A lawsuit is a long and complex process that includes filing many different forms and pleadings. If you do not have experience in completing these forms or filing pleadings, it will be hard to get a satisfactory result.

• How long does it take to get a personal injury settlement?

  The answer to this question entirely relies on how complex the case is. Each case is different and the time it takes to settle can vary case by case. As a general rule, if the injuries are minor and all evidence is presented to the negligent party, the case can likely be completed within 3-4 months.

  If a lawsuit must be filed, the case can take much longer, even several years. The reason for the time increase is that lawsuits have certain time frames. Generally, there is a pleading stage, discovery stage, mediation stage, and then a trial.

• Will my case go to trial?

  The answer to this depends on the expertise and recommendations of your attorney. However, there may be several times during the lawsuit where you may be able to settle your case. If you choose to take a settlement, the case will not go to trial.

• Can my attorney accept a settlement for me in my personal injury case?

  Absolutely not. An attorney is bound by the ethical rules of North Carolina. According to the ethical rules, the client holds the keys to settle. Your attorney can never accept a settlement unless you advise your attorney that you will accept the offer.

  However, you can in fact give your attorney limits. If you give your attorney the authority to settle the case for anything over a certain number, the attorney can accept that number if he is able to receive an offer over that number.

  Contact an experienced personal injury lawyer in Charlotte, NC today to receive a free consultation.

• Additional Personal Injury FAQs

  • What Happens if I am Injured by an Uninsured Driver in NC? – Schehr Law, PLLC
  • What to Do After Getting Into a Car Accident – Schehr Law, PLLC
  • What Is the Cost of a Personal Injury Attorney? – Schehr Law, PLLC
  • What Is Contributory Negligence and How Does It Impact Your Case? – Schehr Law, PLLC
  • How Much Does it Cost to Hire an Attorney for a Car Accident Case? – Schehr Law, PLLC