Frequently Asked Questions
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How do I know if I have a medical malpractice case?
In addition to a review of your medical records and the facts by a qualified medical malpractice attorney, in order to bring a lawsuit you also need a review from another doctor that specializes in the same type of medicine as the one you believe committed malpractice. Usually your Virginia Beach medical malpracitce attorney can assist you in identifying such a doctor.
I had a surgery that didn’t go well, and now I’m worse than I was before the surgery. Do I have a case?
Possibly, but it is hard to tell. There is a large difference between a “bad result” and malpractice, and just because you had a bad result does not mean there was medical malpractice. A review of your medical situation would be necessary in order to tell if you have a case.
What do I need to do if I have a potential medical malpractice case I want an attorney to review?
Medical records are critical for one of our attorneys to review a potential case. You may not need every medical record that has been created regarding your care (or the care of a loved one if you’re contacting us about someone else), but please speak with one of our attorneys about which records are necessary for a proper review.
Do I still have a viable personal injury claim if my health insurance paid my medical bills?
Yes, you still have a viable personal injury case. You have the right to pursue the full value of your medical treatment (i.e. the actual cost of the treatment) rather than simply your co-pay or deductible. For example, if you had a $3,000 medical bill and your deductible was $500, you can claim the full $3,000 bill when filing a personal injury claim against the other party. However, it is important to understand that if you have employer-provided health insurance, you may be required to pay back a portion to the health insurance company. This can be a complicated topic, so be sure to bring it up with one of our experienced Portsmouth personal injury lawyers during your free, confidential consultation.
Who brings a personal injury claim if my child was hurt in an accident?
Typically, a parent or legal guardian of the injured child has the authority to pursue legal action against the at-fault party. For example, if your child was seriously hurt in an auto accident and you decided to file a lawsuit against the other driver, your name would appear on the Complaint as "on behalf" of your child.
Our team of Chesapeake car accident lawyers have extensive experience with injury cases or wrongful death lawsuits involving children. We understand the complexities of negotiating these types of serious injury and death claims.
My child was born with a serious and permanent injury. Do I have a personal injury case?
Yes, you may very well have a viable personal injury or medical malpractice case. It depends on the specific circumstances of your child's injury. If your child was hurt during birth, you may have a medical negligence case against the doctor who oversaw the birth. Our North Carolina personal injury law firm has handled serious birth injury cases where a child suffered a brachial plexus injury (a.k.a. shoulder dystocia). This was a permanent injury caused during the birthing process. We took the case to trial and secured a multi-million dollar jury verdict.
We work tirelessly in these cases since some of the most tragic, heartbreaking injuries can happen during a birth. In most cases, both the baby and the parents have the right to pursue financial restitution.
What should I bring to my meeting with an Outer Banks personal injury lawyer?
Bring all documents and records related to the accident and your injury. This includes medical bills, medical records, police reports, letters from your auto insurance company, any doctor notes about missing time from work, wage statements, a copy of the declarations page from your auto insurance policy, your driver's license, etc. During the consultation, we will make copies of all of your documents so that you can retain a copy for your records. Our legal team will also provide you with checklists for any other information that we may need from you.
I suffered injuries as the passenger in a car accident can I file a claim?
Yes. Passengers involved in car accidents can recover from the at-fault driver. Depending on the specific circumstances of your case that may be the driver of the vehicle you were in or the driver of another vehicle. Some injured parties do not understand that even when they are passengers they have the standing, of the right to sue, the driver of the vehicle and the driver of another vehicle for their injuries. At times friends are reluctant to sue each other however personal injury liability is a matter of law, not friendship. If you have been injured in a car accident, contact a law firm with experience in these sensitive matters to help you recover the damages you deserve.
What is the North Carolina wrongful death statute of limitations?
The statute of limitations for wrongful death claims in North Carolina is 2 years from the death of the decedent. (NC Gen. Stat. § 1-53). For claims involving wrongful death, or death at the hands of another due to misconduct or negligence, a civil lawsuit to recover damages must be brought within 2 years after the death occurs. If claims are not brought within their statute of limitations period they will be time barred by the court. If a loved one has passed and you believe a wrongful death claim is appropriate it is important to contact a law firm like this one that has successfully tried wrongful death cases in the past as soon as possible.
What is the North Carolina personal injury statute of limitations?
The statute of limitations for personal injury claims in North Carolina is 3 years. (NC Gen. Stat. § 1-52). For claims involving personal injuries of all types, injured parties must bring a civil lawsuit within 3 years of sustaining their injuries. If claims are not brought within their statute of limitations period they will be time barred by the court. If you have questions about your personal injury claim within this time frame contact our firm.