Durham Personal Injury Lawyers

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FAQs for a Durham Personal Injury Lawyer

What Should I Do After a Personal Injury Accident in Durham, NC?

After you’re injured in an accident, first it is important to make sure everyone is safe.  Then, you should contact the police, property management, and/or other emergency personnel (if needed).  It is important to get police or a representative of the business (like a manager) to the scene to document the accident and injuries.  Usually this results in the creation of an “incident report.”  If possible, don’t move or change anything about the accident scene because all of that information is important for determining fault.  Once you’ve ensured that you’re safe and not in danger of additional injury, it’s important to take pictures and document everything you can about the accident.  That includes getting the names and phone numbers of witnesses if possible.  Then, contact a Durham personal injury lawyer as soon as you can.  If you’re seriously hurt and transported to the ER by EMS, then contacting a lawyer quickly is even more important.  We can gather evidence and do the investigation on your behalf while you heal.

What Should I NOT Do After An Injury Accident in Durham, NC?

The worst things you can do after a being injured in an accident are 1) not telling anyone (police or management) that something happened; 2) talking to an insurance company;  3) not taking pictures or getting witnesses’ contact information; and 4) not obtaining medical treatment.  There’s only one chance to gather this information and evidence before it is lost.  But if you’re severely injured, you might not have the opportunity.  That’s why you should contact a Durham personal injury attorney as soon as possible.   

Should I Talk to the Insurance Company After a Durham Injury Accident?

Talking to the insurance company after a personal injury accident can be dangerous and is almost never a good idea.  Remember that the insurance adjuster is not interested in the truth or just “getting your side” of the events.  The insurance carrier is looking for some reason – ANY REASON – to deny your claim.  That is especially true when the insurance carrier wants to conduct an Examination Under Oath or recorded statement.  We strongly recommend not speaking with the insurance company without talking to a lawyer first.    

What Is the Statute of Limitations for Durham Personal Injury Claims?

For most Durham personal injury claims, you have three (3) years from the date of the accident in order to file a claim against the at-fault party.  Children under the age of 18 may have a longer deadline.  Wrongful death cases get a shorter deadline (generally two (2) years), and some products defect cases can have longer deadlines.  Failing to file a claim on time is the #1 reason that cases get dismissed, so it is important to talk to an injury attorney as soon as possible following an accident.

How Much Is the Average Settlement for an Injury Claim in Durham, NC?

Every personal injury accident in Durham, NC is different so determining the “average” settlement for a Durham personal injury claim isn’t possible or even necessarily helpful.  Be skeptical if other lawyers or law firms talk about “average” settlements because that means they are handling a volume of claims and not assessing each claim closely.  How can car accidents, gas explosions, or pool drownings be “averaged” together?  However, the factors that affect how much money you could receive in a personal injury settlement include:

• The severity of the injuries
• The amount of insurance (coverage) the at-fault party or property owner has
• Who is at-fault
• If you suffered any permanent disability or scarring

One of the biggest driving forces in settlement and verdict value is the amount of insurance coverage the at-fault or responsible person or party has.

How Do Insurance Policy Limits Affect My Durham Personal Injury Claim?

The amount of insurance coverage the at-fault or responsible person or business owner has can affect the amount of compensation injured parties could receive after an accident. For especially serious injuries and cases, the amount of available insurance coverage might not be enough to fully compensate the victim for their injuries and damages.  And most people and businesses don’t have millions or even hundreds of thousands of dollars on hand to make up the difference.

Most business policies that we see have insurance coverage limits of $1,000,000 or more.  Most homeowner’s policies have coverage of $300,000 or more.  But for a car accident, the at-fault driver might only have $50,000 in coverage.

Who Is Responsible for Personal Injury Claims in Durham, NC?

Determining who is responsible (or “liable”) for a Durham personal injury accident can be very challenging.  And often times, people or businesses that strongly appear to be responsible for the accident will still deny liability and force us to litigate the case.  When our injury attorneys get involved in a personal injury accident, we evaluate who owns the property/product/instrument that caused the injury, who was operating or managing it, what the safety rules were, were those rules being followed, and  An experienced personal injury lawyer can assess your situation.

How Does an Insurance Company Determine Who Is Liable for Durham Personal Injury Claims?

First, it is important to remember that insurance companies are not the authority on who is or is not at-fault in a personal injury claim.  Insurance companies have a financial interest in not paying claims, and they will frequently deny claims simply to avoid having to pay them.  In many cases, even though fault is fairly clear, an insurance company will still force us to file a lawsuit to get a client what they deserve.  Our Durham personal injury attorneys frequently represent clients in claims where the insurance carrier has denied liability.  It’s important to talk to an experienced lawyer first.

What Is Contributory Negligence in Durham Personal Injury Claims?

Contributory negligence is a harsh law in North Carolina (1of only 3 states that has it) that prohibits injured victims from recovering damages for injuries they suffered in an accident if the injured victim was responsible for causing the accident.  This is true even if the injured victim is just a partially at-fault, even just 1%.  The law is very unfair and very outdated, but good Durham personal injury attorneys understand how to respond and defend against contributory negligence arguments.

How Does Contributory Negligence Affect Personal Injury Claims in Durham, NC?

Insurance companies love contributory negligence because it gives insurance companies an excuse to deny a claim if there is any plausible scenario where the injured victim might be partially at-fault.  So the threat of contributory negligence may slow down your claim if the insurance carrier wants to hide behind that defense to avoid paying your claim.  However, contributory negligence must be proven by the insurance carrier, which requires evidence and witness testimony like any other claim.  Sometimes that just means a lawsuit has to be filed to move the case forward. 

How Is Pain and Suffering Calculated for Personal Injury Claims in Durham, NC?

There is no exact formula or methodology for calculating pain and suffering in North Carolina.  It also differs person to person.  A knee injury could be catastrophic to one victim, but that same injury could be less consequential to someone else.  But there are rules of thumb that lawyers and insurance carriers often follow for personal injury accidents.  Typically, an insurance carrier will offer 1-2x the total amount of medical expenses in a case to account for the injured party’s pain and suffering.  That number increases if there is a head injury and may be more like 5-6x the total medical expenses if the accident causes permanent disability or disfigurement.  But every personal injury claim is different, and every insurance carrier evaluates claims differently.

Can I Get Pain and Suffering Damages for Durham Personal Injury Claims?

Yes, in many cases pain and suffering is the largest component of damages.  Almost any Durham personal injury settlement or jury award is going to include some amount for pain and suffering. The amount of pain and suffering from a personal injury accident is typically where most negotiating takes place when trying to resolve an accident claim.  There is no formula or definite science to calculating pain and suffering.  But in order to receive the full and fair amount of pain and suffering you deserve, you’ll need to hire an experience personal injury attorney to help.   

Will the Insurance Company Pay for My Medical Bills After a Personal Injury Accident in Durham, NC?

Yes, but if you get that offer without a lawyer, it’s a trap.  Insurance carriers will often offer to pay your medical bills after a Durham personal injury accident to prevent you from talking to a lawyer and trick you into a quick settlement.  In reality, you’re entitled to getting your medical care paid for and medical bills reimbursed but in addition to even more, like pain and suffering and lost wages.  A good Durham personal injury attorney lawyer will help you collect the full amount of compensation you deserve following an accident.

How Long Will It Take to Settle My Durham Personal Injury Claim?

The facts of every case are different and so are the injuries you might suffer in an accident.  For most claims, the longest waiting period is the amount of time it takes for the injured victim to heal following the accident and to get a full picture of their medical needs (both now and in the future).  You only get one chance at settlement; you can’t come back and ask for more money in the future.  So it may take several months or, in rare instances, a year to complete your treatment following a personal injury accident.  But once medical treatment is completed, it takes an average of 4-6 months to settle your claim unless we have to file a lawsuit.

Will My Durham Personal Injury Claim Go to Trial?

In today’s legal landscape, very very few cases (less than 2%) of filed civil cases, like personal injury claims, go to trial.  The vast majority of cases settle either pre-suit (before a lawsuit is filed) or at some point during the litigation process (after a lawsuit is filed).  But the more serious your case and injuries, the more likely that the case will need to at least be litigated (file a lawsuit).

Do Any Durham Personal Injury Lawyers Provide Free Consultations?

Absolutely.  While some law firms charge for consultations, at Osborn Injury Lawyers, our Durham accident lawyers always provide 100% free consultations and risk-free case evaluations for our potential clients.  You have nothing to lose.