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Frequently Asked Questions
About Personal Injury
What
should I do if I have been injured in an
auto accident?
Stop
and call a police officer.
North Carolina law requires drivers of
motor vehicles involved in a collision
resulting in personal injury, death or
property damage to immediately stop
their vehicles at the scene of the
collision, avoid obstructing traffic
more than necessary, and to immediately
return to or remain at the scene of the
collision until a law enforcement
officer completes the investigation and
authorizes them to leave. However, you
are permitted to leave the scene
temporarily, to get medical help or to
call an officer, provided you return as
soon as possible. The law also requires
you to exchange your name, address,
driver's license number and vehicle
registration number with the other
drivers; however, this usually will be
accomplished by the investigating
officer, who will provide the parties
with an "exchange" slip.
Assist
the injured. If someone
is seriously injured, immediately seek
medical assistance. Do not move the
injured person unless you know what you
are doing. However, you may render
reasonable medical assistance. North
Carolina law provides that, unless the
caregiver is guilty of wanton conduct or
intentional wrongdoing, that person
cannot be held liable for damages
resulting from the effort to provide
assistance.
Be
careful about making statements.
Any statement you make about the
collision, written or verbal, may be
used against you. Cooperate with the
investigating officer by providing basic
facts. Remember, though, that no one can
force you to give an opinion as to the
cause of the wreck. You have the right
to consult an attorney before making any
statement. Also, do not make or offer to
make payments to any other parties.
Report
all injuries, no matter
how minor they may seem at first, to the
police officer. The injury may become
more significant later, even though it
seems minor at the time of the accident.
Seek prompt medical treatment. Remember
that serious and costly injuries may not
always be obvious or result in immediate
pain or bloodshed. Promptly see your
doctor, or visit a hospital emergency
room or urgent care facility. Follow the
medical advice of your doctors. In
general, your health is of the utmost
concern and any injury should not be
ignored. You should always seek
competent medical advice if you have
been injured.
Obtain
the names and address of all witnesses
who might have some information about
the circumstances of the collision.
Attempt to obtain from these witnesses
statements, either verbal or written, as
to what they saw. Your attorney will
also be able to obtain statements.
Gather
evidence that will be helpful to your
claim: Take pictures of
your injuries, such as bruising; of the
damage to your vehicle and to other
vehicles involved in the wreck; of the
scene of the wreck, including skid marks
and the resting places of the vehicles
involved, and other physical evidence.
Take notes and make diagrams to refresh
your memory later. Arrests at the scene
do not necessarily indicate liability.
Ordinarily, under North Carolina law, an
arrest at the scene cannot be used as
proof of liability in a civil suit for
damages. However, if a guilty plea is
entered, or if the citation is
"paid off", such evidence can
be used against that person in a civil
suit for damages, as some evidence of
negligence.
Inform
your own insurance company.
Make a complete report to your own
insurance company, or if you prefer,
have your lawyer make the report.
Determine from your insurance company
whether you have medical payment
coverage in your policy, and if so, have
the company open "med pay"
claims for all persons in your vehicle
who were injured.
Be
careful what you say to
the other driver's insurance company.
Insurance adjusters have been trained to
understand the legal implications of an
accident, and all too often offer
smaller amounts of compensation for lost
wages, medical expenses and pain and
suffering than you should receive. Their
job is to obtain a quick and low
financial settlement, and to obtain your
signature on a release. Do not sign any
releases or medical authorizations, or
give any statement to representatives of
the other party's insurance company,
without the advice of your own attorney.
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How
do I know if I need a personal injury
attorney?
If you have sustained only minor
injuries and if you are certain that
your injuries will not get worse, and
that you will make a complete recovery,
you may not need a lawyer. However, if
you are not certain of the extent of
your injuries, if you have pre-existing
conditions, or if your injuries prevent
you from performing your normal duties,
an experienced personal injury attorney
may be crucial to you and your family.
When you or a family member are the
victim of a serious injury, you are
often at your most vulnerable. Don't
start your personal injury case at a
disadvantage. An experienced personal
injury attorney will be able to evaluate
your case and advise you concerning your
legal rights. It is important that you
do not make a statement or give medical
authorization to the opposing insurance
company if you intend to consult an
attorney. And remember, delay in
contacting an attorney may be harmful to
your case. The sooner you consult an
attorney, the better the opportunity for
a successful investigation and
preservation of evidence for your case.
Also, the Statute of Limitations
requires that you file suit within a
specific period of time, depending upon
the circumstances of your case, in order
to preserve your rights. In order to
protect your legal rights and your
family's future, you should consult with
an experienced personal injury attorney
as soon as possible after an injury
occurs.
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What
do I do if an insurance company offers
me a settlement?
Before accepting a settlement, it is
in your best interest to consult with a
personal injury attorney. Adjusters work
for the insurance company - not for you
- and their job is to settle the matter
for the lowest possible expense to the
company. An attorney's expertise is
vital for accident victims when the
insurance adjuster tries to settle the
case. Because the full extent of many
injuries may not be known for quite some
time after the accident, an attorney can
help you to evaluate your potential
losses. It's devastating to sign away
your rights and later discover that your
injuries and losses were worse than you
originally thought.
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What
is "Liability?"
The term "liability"
generally means that an individual,
company or some other entity may be
obligated to pay damages or compensation
to another. The negligent driver,
physician, hospital, nursing home,
manufacturer or seller of a product is
responsible or "liable" to pay
damages, including pain and suffering
and financial losses, if these losses
are caused by carelessness. Liability
depends upon the duties imposed by law.
An attorney will be able to analyze who
may or may not be liable in a particular
case.
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What
is "Contributory Negligence"?
The term "negligence"
denotes the failure to act as a
reasonable and prudent person would act
under the same or similar circumstances.
Simply stated, negligence is
carelessness. Unfortunately, injuries
can and do result because of the
negligence or carelessness of one or
more persons or entities. This sometimes
includes the injured party. In such
situations, North Carolina is one of
four remaining states that continue to
adhere to the doctrine of
"contributory negligence".
Under this doctrine, and with certain
exceptions and defenses, if the injured
party is also negligent, and if that
negligence contributes to the cause of
the injuries, the injured party may not
be able to recover any part of its own
losses and damages, notwithstanding that
the negligence of the other parties may
be greater than that of the injured
party. This doctrine should be
contrasted with the more modern and
widespread doctrine of "comparative
negligence" found in a majority of
states. Under comparative negligence,
the fault of all the parties is compared
and the amount of the recovery for
damages sustained by the injured party
is reduced by the percentage of his or
her own fault. In this way, each person
is held accountable for the amount of
damages they caused.
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What
if I've experienced the Wrongful Death
of a loved one?
The unexpected death of a loved one
is always tragic, especially if it was
caused by the negligence of another. The
loss of a husband, wife, parent, child
or other family member is often
devastating emotionally and financially
to the entire family. If the death is
caused by the negligence of others, the
law may allow the family to recover
monetary damages. Although monetary
damages cannot replace the life of the
beloved family member, such compensation
is, in many instances, the only way to
provide for the financial future of the
family unit. Wrongful death lawsuits may
also help unsafe companies and
individuals act in a more responsible
manner in the future, so that other such
tragedies can be avoided. Medical,
hospital and funeral expenses, along
with reasonable compensation for the
pain and suffering experienced by the
deceased person prior to death may also
be recovered in a wrongful death action
as damages. Losses suffered by the
family of the deceased person as a
result of the death may also include the
loss of the following: Financial support
and services; gifts and other valuable
gratuities; parental training and
advice; and the love, companionship,
society and consortium that the deceased
family member can no longer provide to
the survivors. Although the amount of
money to be awarded for certain elements
or damages cannot be proved in a precise
dollar amount, the law leaves it to the
jury's discretion to determine what
should be awarded in monetary
compensation. A lawyer can help
determine and evaluate these losses and
damages. North Carolina has a shorter
Statute of Limitations for wrongful
death than for ordinary personal
injuries. Therefore, the family of the
deceased should consult with a lawyer
promptly to obtain advice.
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What
if I've been injured on the job
(Workers' Compensation)?
An employee injured or killed in the
course of his employment in North
Carolina, by accident or occupational
disease, will generally have certain
rights available pursuant to the North
Carolina Workers' Compensation statute.
These rights include the right to
reasonable and necessary medical
treatment; to the payment of temporary
disability benefits if the employee is
unable to work while receiving medical
treatment; and to the payment of total
or partial permanent disability benefits
or scheduled benefits in the event of a
permanent physical injury or reduction
in the ability to earn wages. There are
certain time requirements within which
the employee must notify the employer
and the North Carolina Industrial
Commission, or risk losing benefits. The
Statute of Limitations is different in
North Carolina for Workers' Compensation
than it is for ordinary personal
injuries caused by negligence.
Additionally, an employee injured on the
job may have both a Workers'
Compensation claim for benefits, as well
as a negligence claim for damages
against the persons who caused the
injury. Therefore, an injured employee
should consult with an experienced
attorney as soon as possible following
the injury.
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What
about Medical, Hospital and Nursing Home
Malpractice?
Malpractice is another way of saying
"negligence". Medical errors
occur, and victims are injured or killed
due to negligence, despite the best
intentions of the doctors and hospitals.
When such negligence occurs, the law
provides the injured victims and their
families the right to obtain fair and
just compensation for their damages. If
you suspect that you or your family has
been the victim of medical, hospital or
nursing home malpractice, you should
immediately consult with an experience
personal injury attorney. The law is
complex in this area, both as to
questions of liability (i.e. who is at
fault), causation (i.e. did the error
cause the injury or death), and Statutes
of Limitation. Further, the law in North
Carolina provides that, prior to filing
a lawsuit alleging medical malpractice,
the case must first be reviewed by an
appropriate medical expert who must be
willing to testify that malpractice has
occurred. Therefore, it is essential
that an experienced attorney be
consulted immediately following a
medical injury or death, so that the
medical records can be preserved and
gathered, and so that the facts may be
reviewed by the appropriate medical
experts.
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What
if I've been injured by a defective
product (Products Liability)?
Defective products, from automobiles
to household appliances to prescription
drugs, may and do cause serious injuries
and death. The law provides the injured
party with the right to seek reasonable
compensation when injured by defective
products. A products liability claim in
North Carolina is essentially a
"negligence" claim. North
Carolina does not adhere to the doctrine
of "strict liability" common
in many other states. Further, the law
is different and more complex in the
area of products liability than it is
for ordinary negligence. For instance,
the Statute of Repose limits claims for
defective products to injuries occurring
within six years of the date of the
product's first use for its intended
purpose. Additionally, in order to prove
that a product is defective, it is
generally necessary to retain the
services of appropriate expert witnesses
to examine the product, determine
whether it is defective, and to testify
accordingly. Therefore, it is essential
that, if you have been injured by a
defective product, you immediately
consult an experienced personal injury
attorney, to preserve evidence and act
in a timely manner.
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What
is the amount of compensation based
upon?
Compensation for your injuries in a
liability claim depends upon numerous
factors: Physical and mental pain and
suffering; the cost of your medical
treatment to date and in the future;
financial loss to date, and future lost
opportunity and decreased earning
potential; permanent injuries,
impairment and/or disfigurement; and
other factors.
The details of the case, the extent
of your injuries, the effect of your
injuries upon your work and personal
activities, the amount and length of
your medical treatment, and the outcome
of similar cases all play a role in
determining the amount awarded. An
experienced personal injury attorney can
help you evaluate your case as the facts
become known.
The factors for compensation in a
Workers' Compensation claim are
different. For instance, pain and
suffering is not an element of damages
in a Workers' Compensation claim. See
Workers' Compensation, above.
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What
will the legal process cost?
At The Law Offices of Richard Flexner, your initial
consultation is free, and we earn a
legal fee, based upon a percentage of
your recovery, only when you win your
case. This is called a
"contingent" legal fee. The
firm will often advance the
out-of-pocket costs of preparing and
prosecuting your case.
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If
I make a claim, will I have to spend a
lot of time in court?
Many injury claims can be settled
through negotiation, mediation or
arbitration, without the client having
to appear in court. However, some
complex cases may require that you
participate in legal proceedings. The
Law Offices of Richard Flexner will always consult
with the client prior to the institution
of formal litigation.
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What
should I look for in an attorney?
The success of your case is based in
part on the skill and experience of your
personal injury attorney. Factors
include education, legal skill and
experience. The attorney you retain
should have a proven record of winning
cases similar to yours and should be
willing to thoroughly explain his or her
recommendations based upon the specific
details of your case. Your attorney
should also have extensive experience
both settling cases through negotiation
and trying cases in court. Another very
important factor is for you to feel
comfortable with your attorney, and
confident that your interests will be a
top priority of the law firm.
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What
if I can't afford medical care?
The Law Offices of Richard Flexner will assist you
in finding prompt and affordable medical
treatment for your injuries. We will
work with your doctors to assure them
that their medical bills for your
reasonable and necessary medical
treatment will be paid from the
settlement of your case.
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What
about the property damage to my vehicle?
The Law Offices of Richard Flexner will assist you
in obtaining compensation for the damage
to your vehicle, and to obtain a rental
vehicle while your vehicle is being
repaired or replaced.
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Full
Service
The Law Offices of Richard Flexner treats each
client as an individual. We handle each
case as if we were the injured party. We
believe that, as part of our
representation, we should provide
assistance in all matters related to the
injury. That is why we help our clients
locate appropriate medical care, and
obtain the repair or replacement of
their vehicle.
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Our
Experience
The Law Offices of Richard Flexner has been helping
injured people obtain fair compensation
for their injuries for more than
twenty-five years. We have handled cases
involving serious injuries and wrongful
death in all areas of personal injury,
including automobile and trucking
accidents, medical malpractice, products
liability and Workers' Compensation. We
have a hard-earned reputation for
integrity, success, client satisfaction
and client loyalty. Call us, we'll
listen.
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Client-Focused
The Law Offices of Richard Flexner takes a
client-focused approach to personal
injury law, offering representation that
identifies and responds to client needs.
The firm will take the time to listen to
your concerns, and to explain your legal
rights in clear language so that you
understand the nature of your case, and
the legal process involved. We have over
twenty-five years experience in serious
personal injury and wrongful death
cases. We work hard to protect your
rights, and we take pride in offering
representation that is professional,
results-oriented and responsive. We take
the time to listen to our clients and
respond to their needs, because a serious
injury affects both the injured person
and the entire family. Call us, we'll
listen.
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