Car Injuries
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The questions on this page were answered by our team of lawyers. The questions are categorized by practice area such as car wrecks, medical malpractice, traumatic brain injuries, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.

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  • I was a passenger in my cousin's vehicle when we were in a car crash. Apparently, my cousin and the other driver were at fault. Can I choose to go against the other driver instead of my cousin?

    You need a lawyer who can assess the facts of your car wreck personal injury case.  You cannot pick and choose which defendant you will hold responsible for your injuries.  If both drivers were at fault, they will both be responsible to you for your injuries. 

  • I was 30 weeks pregnant and was involved in a car crash. My baby ended up coming early two weeks later.I am concerned about future medical expenses for my child as she was premature.Can you help?

    I've been hearing this question a lot lately. Whenever a woman who is pregnant is injured in a car wreck and her baby ends up being delivered early there is a big question mark as to whether or not the baby is okay. Premature babies often suffer lung issues down the road because they weren't ready to come into the world. In that regard if you have been injured in a car wreck and your baby was delivered early please give me a call. I have experience in this exact situation and have handled many cases such as yours. 

  • I was in an accident but my friend was driving. I don't think I should make a claim against my friend. What is your advice?

    Many people are often reluctant to make claims against friends or family members' insurance policies in the event of a car wreck. What you should know is that the entire purpose of auto insurance is to cover accidents like the one you've been in. In that regard you should have no qualms about making a claim against the individual to recover from your injuries. Most times the injury claim will be settled and your friend will probably not even know it's happening. 

  • I was in a wreck and I am concerned about my lost wages. How will I recover them?

    In North Carolina (NC), like most states, you are entitled to reimbursement for lost wages resulting from a wreck that was not your fault.  When our attorneys submit a demand package to the insurance company, we send a form, filled out by your employer, that outlines your rate of pay and time lost from work since the wreck. 

    Usually it helps to have a doctor who has made the recommendation to take you out of work to support this claim. With that documentation, we can easily argue that you are entitled to full compensation for your wages. 

  • MY doctor says my injuries are from before the wreck but it never gave me problems before, does this mean my case is worth less?

    Many times, we have pre-existing conditions that we do not know about or just haven't bothered us too much.  A car wreck can irritate this condition and make it more bothersome and noticeable.  In Virginia like many states, you are legally entitled to compensation for aggravation of an existing injury.  It wouldn't be fair for the insurance company to say that because you suffered from an ailment before, they are not responsible for making it worse.  Often this scenario will make the case a little more difficult but a good lawyer knows how to handle this issue.  It is a matter of proving that the injury did not give you trouble before the wreck.  If we can prove that than the injury should not impact your case too severely. 

  • What am I entitled to if I'm involved in a car accident?

    It depends on a variety of factors including: (1) the type of case you have, (2) the extent of your physical injuries, (3) whether you've missed time from work or had to retire early because of your injuries, (4) the amount of available insurance coverage, and so forht.

    How do you obtain these monetary damages? The first step is to consult with a car accident injury lawyer so you can determine your legal options. The next step is to have your lawyer file a personal injury claim. Some cases will settle quickly while others may go all the way to trial. 

     

  • Do I have to repay my health insurance co. if I have a personal injury case for my injuries?

    This depends on the type of insurance plan you have. Some insurance companies, after paying for your medical bills, seek reimbursement through the "right of subrogation" or through written contractual provisions in your health insurance plan documents that call for reimbursement of any medical bills/expenses paid to you that are incurred due to a tort or third party's fault. Basically, this means if you get hurt in an accident due to the carelness of another person/company and you decide to pursue a personal injury claim, the insurance company will try to recover the money they paid for your medical bills. However, not every health insurance plan is entitled to this type of reimbursement. For example, entities which are not formed under the ERISA act (traditional health insurers) often cannot recover the medical expenses paid.

    Keep in mind that even if your insurance company pursues the cost of your medical bills, there is still a good chance you'll receive a sizable recovery for pain and suffering, lost wages, and other damages.
     
    To learn more about the right of subrogation and insurance reimbursement/repayment, check out this article.

  • I was in a car wreck in North Carolina (NC)and I don't know the name of the insurance company for the driver who caused the collision because he claimed that he did not have his card with him at the accident scene. What now?

    Accident lawyers representing people who get hurt on the road regularly encounter the situation where our client does not know the insurance information for the person who caused the wreck.  We can help figure this out for you.  There are several situations that are common including that you got taken away by an ambulance to the emergency room at the hospital so quickly because of your serious injuries that no one ever gave you the insurance information for the person who was negligent in causing the wreck.  The second situation is that the defendant, at fault driver, did not have any insurance but was afraid to admit that to the police and so just said they didn't know the name at the time.  Finally, a third very common problem that I've seen over my 20 years of doing motor vehicle accidents is that the trucker or out-of-state motorist has some obscure insurance that you have never heard of.

    As your injury lawyer, I can help locate the auto insurance of the bad guy, or as quickly as possible determine for you if there isn't any.  This is part of what you're paying me to do.  We have a database of insurance companies so we may be able to find the insurance companythe trucking company said it had on its vehicle even if it is a small, out-of-state company and not the usual State Farm, Allstate, Nationwide, GEICO, USAA, or Progressive.  Also, a letter from the lawyer to the driver who struck you, or his company if he was driving on the job, will quickly get their attention and make them give us the correct insurance information. 

    If it turns out the negligent driver didn't have any insurance, then we quickly try to establish that fact for you, in which case we may have to go to your insurance company's uninsured motorist coverage to step in the shoes as if the other guy's insurance.

    About the editors: The motto at Shapiro, Appleton & Washburnlaw firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • Is it necessary to prove that the other driver was at-fault in causing the accident to recover for an injury from the insurance company in North Carolina (NC) after a car wreck?

    Yes.  It is necessary to prove that the driver of the other vehicle caused the wreck by being negligent.  Negligence is the failure to use ordinary care.  Negligence in a car wreck in North Carolina means the failure to obey the rules of the road that we are all familiar with including not following too close, not making an improper lane change, yielding the right of way when required, not speeding, keeping a proper lookout, and keeping your car under proper control.  In addition, the law of North Carolina that applies to automobile accidents in the law of contributory negligence which says that if the person who was hurt was even 1 percent at-fault in causing an accident, then they are not entitled to recover anything. 

    This harsh law is not the rule in most states in the United States but is the law of Virginia, North Carolina, Maryland, Washington, D.C. and the state of Alabama.  In these states, in order to recover compensation, it is necessary that the person who is hurt show that they were free from fault themselves in causing the car accident.

    About the editors: The motto at Shapiro, Appleton & Washburnlaw firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • What is a legal deposition?

    A legal deposition in an injury lawsuit is a formal process where the injured person testifies under oath, which usually means one of the parties--either the injured person's attorney or the defense or insurance attorney, assures that a licensed court reporter/stenographer is present to record the injured person's testimony, which then can be used in certain ways in the injury case.

    Every state and federal court specifies a written court procedure on exactly how a deposition can be conducted, and other provisions specify how it can later be used once it is typed up by a court reporter.

    Also, these written court rules specify that such a deposition can be videotaped and some court rules even provide that a deposition may in fact be videotaped and without a court stenographer present. Court reporters are highly trained and most states require licensure.