Ruth Smith Attorney at Law
Toll Free (877) 496-2529
Personal Injury FAQ
Ruth Smith Law Firm
68 North Market Street
Asheville, NC 28801
Directions
Toll Free 877-4WNCLAW
(828) 253-2383
(828) 255-8693 Fax
Email Us:
What am I allowed to recover on my personal injury case?
The law allows a personal injury victim to be made whole, or to be placed in the position she was in before the car accident, slip or fall or dog bite happened. This compensation is called "compensatory damages", and can include medical bills, lost wages, future medical bills, future lost wages, loss of property, pain and suffering, disfigurement and permanent impairment. Ultimately, unless a case is settled, a jury will decided what amount it will take to compensate the personal injury victim.
What are punitive damages?
Punitive damages are damages in addition to compensatory damages that are allowed in certain cases. The purpose of punitive damages is to punish a bad conduct defendant. Punitive damages are allowed only in situations where the conduct of the defendant is beyond ordinary negligence. In car accident cases, North Carolina law has recognized three situations for punitive damages: drunk driving, excessive speeding and road racing. However, the courts have not excluded other situations where a defendant's bad conduct might warrant these damages.
Will the defendant be liable for my medical bills if I have health insurance?
Yes. North Carolina adopts the "Collateral Source Rule", which says that a defendant cannot avoid the total amount of the damage he caused simply because someone else paid the bills.
Should I hire a personal injury attorney?
Each personal injury case is unique. Sometimes, accident victims can negotiate with the insurance company themselves, and save paying a percentage of the case to a lawyer. Some cases are more complicated, and involve estimates for future medical care, minor child issues, health insurance issue and serious negotiations. An ethical lawyer should meet with you for free and tell you honestly if you would benefit from hiring a lawyer.
Is there a time limit on my case?
Yes. North Carolina places a three year statute of limitations on personal injury cases. If the injury is death, the statute is shortened to two years. You should, however, consult an attorney to determine what time limits specifically apply to you. Children and those under incompetency have an extended statute of limitations.
Will I have to go to court?
Most personal injury cases settle before a lawsuit is ever filed. Of the ones where a lawsuit is filed, most of those settle before a trial occurs. Each case is unique. Certain insurance companies are more likely to force your case into litigation by offering extremely low offers or no offer at all. Whether your case goes to trial or not, it is important to retain a lawyer who is willing to try your case, as insurance companies know which lawyers will "settle anything" and which are more aggressive in representing their clients.