FAQs

Personal Injury FAQs

General

How much money am I entitled to for my injuries?

There is no set amount. Some of the primary reasons you need a lawyer are to evaluate your case properly and to protect your legal interests. Insurance companies and wrongdoers will not properly evaluate your claim or protect your legal interests, they will do just the opposite. Our experienced personal injury lawyers are familiar with how juries react in similar cases. This gives us guidance in advising you regarding a proper evaluation and fair settlement. The amount of your medical expenses, lost wages, disfigurement, extent of permanent injury, as well as other losses and elements of damage will help the attorney decide what your case is worth.

Who may bring a claim for damages in a personal injury case?

If you are a competent adult, at least 18 years old, and are injured, you must bring the lawsuit in your own name. If you are a minor, under the age of 18, or an incompetent adult, then suit must be brought by either your parents or guardian.

In North Carolina, how long do I have to file a lawsuit?

Generally, you have three years from the date of accident to file suit for personal injuries and two years from the date of death in a wrongful death case. However, the time limit may be longer or shorter under circumstances. Your lawyer will be able to determine which time limit applies to your particular case.

You should contact us immediately.

If I have an accident, do I have to sue the other party to receive a settlement?

No. If either party has liability insurance, and if the insurance company agrees to pay you the full value of your case, you do not have to bring a lawsuit. However, if they are not willing to pay you the full value of your claim, then your lawyer will prepare the necessary documents to file a lawsuit in the appropriate court.

How is my lawyer paid? What if I can’t afford a lawyer?

Unlike many other lawyers, our personal injury lawyers work on a contingency basis. That means the lawyer is paid only if he or she helps collect money for you. If the lawyer is successful, a percentage of the total settlement is retained by the lawyer as a fee.

Truck Accident Injury FAQs

Truck Accidents

What Steps Should Be Taken Immediately After a Truck Accident?

Here is what you need to do immediately after a truck accident in North Carolina: 

  • Call 911.
  • Seek medical treatment immediately.
  • Get the truck driver’s name, commercial driver’s license number, and insurance information, as well as the truck’s license plate number.
  • Use your phone to take pictures of the accident.
  • Look for any nearby surveillance cameras or potential eyewitnesses.
  • Contact an experienced truck accident lawyer as soon as possible.

What Damages Are Available to Truck Accident Victims?

It is hard to say how much a truck accident case is worth without looking at the specific facts of your case. However, you could be entitled to compensation for losses such as:

  • Lost wages
  • Lost future earnings and other financial benefits
  • Medical bills
  • Pain and suffering
  • Emotional distress
  • Damaged personal property

What If My Loved One Passed Away in a North Carolina Truck Accident?

You may have grounds for a personal injury lawsuit if a member of your immediate family died in a truck accident in North Carolina. North Carolina’s wrongful death law allows the family of someone who has died due to another party’s “wrongful act, neglect or default” to seek financial compensation losses, including:

  • Medical expenses
  • Funeral costs
  • Pain and suffering
  • Loss of future income and benefits
  • Loss of household services
  • Loss of care, companionship, and consortium

How Long Do I Have to File a Lawsuit in North Carolina?

As a general rule, you have three years from the date of a truck accident to file a personal injury lawsuit against any potentially liable parties. If you miss this deadline, you will most likely lose your chance to recover any compensation for your injuries through the civil courts.

What Federal Laws Do Truckers Have to Abide By?

While there are many federal laws truck drivers have to comply with, two sets of regulations often come into play in personal injury cases. The first is the Hours of Service rules, which establish how long a truck driver can go without stopping to rest. The second is the maintenance requirements truck drivers must follow, including a minimum of three daily inspections every day that the truck is on the road.

 

How Do I Deal with Trucking Companies’ Insurers and Other Third-Party Insurance Companies?

The short answer is: you shouldn’t. Instead, let a truck accident attorney handle all communication with insurance companies after an accident, as the information you give to the insurance companies has a vital role in the outcome of your case. To avoid any potential mistakes when dealing with insurance companies, let your lawyer do the talking for you.

Workers Compensation FAQs

Work Injury

Who is responsible if I’m hurt in a car accident at work?

Any time you are injured in a car accident, the driver or other party who caused the crash is considered responsible for the injuries and other losses you suffer. You have the right to file a personal injury claim against the at-fault party to recover compensation. However, if you are injured in a car accident while you are performing work-related tasks or driving a company vehicle, your employer may also owe workers’ compensation coverage. In this case, you would also have the right to file a workers’ compensation claim with your employer’s insurance company, regardless of who caused the accident. You could and should file both claims, the personal injury claim against the at-fault driver and the workers’ compensation claim with your employer.

Can you sue your employer for a work injury?

In most circumstances, you agree to refrain from suing your employer in a personal injury claim for work-related injuries when you accept workers’ compensation benefits. However, there are certain situations in which you may have the right to sue your employer, including:

  • Your injury was caused by the gross negligence or intentional actions of your employer.
  • You were injured by a defective product manufactured by your employer.
  • You are an independent contractor and ineligible for workers’ comp benefits.
  • A temp or staffing agency is involved.

Can you file for workers’ comp and a personal injury lawsuit?

In limited circumstances, yes. If your work injury was caused by someone other than your employer or a co-worker, you may have grounds to file a workers’ comp claim and a personal injury lawsuit. For example, if you were hurt in a car accident by a negligent driver while you were driving for work-related purposes, you could file both types of claims to recover full compensation.

How much does it cost to hire a work injury attorney?

The work injury lawyers at Poisson, Poisson & Bower, PLLC, offer legal representation on a contingency basis. This means we do not get paid unless and until we win compensation for our clients. There is no upfront cost to you when you hire our work injury attorneys. Any legal fees we charge would come as an agreed-upon percentage of any settlement money you receive for your claim.