The knowledge of the personal injury claims process can make accident victims feel more at ease and ready to claim their losses by means of compensation. According to the research they conducted, not all individuals know how organized and time-bound the process is in North Carolina. Being aware of every procedure; starting with the injury up to the end of the claim, can prove to be a good difference in a claim.
Step 1: Medical and Non-Medical Treatments
It starts right after one gets injured. Being able to seek medical attention is very important to your health as well as your claim. Medical records establish some form of official connection of the accident to your injuries and this is necessary evidence. Failure to treat on time can give the insurance companies an opportunity to claim that your injuries were not that serious or not caused by something.
Step 2: Investigation of the Accident
Upon medical fitness, the inquiry process starts. This includes the collection of evidence, including accident reports, photographs, witness testimony, video surveillance and medical records. In North Carolina, to establish negligence, the other party must have been under duty of care, breach of that duty and directly caused you to be hurt.
Investigations at the initial stages of its development would be beneficial to preserve evidence and support your argument once negotiations are initiated.
Step 3: Establishing Liability in the North Carolina Law
The state of North Carolina does adhere to a strict rule of contributory negligence. This implies that you can be prevented from recovering compensation in case you are found guilty, even in the slightest aspect of the accident. It is due to this harsh standard that the determination of clear liability is one of the most important aspects of the claims process.
The insurance companies can find an excuse in any possible way and that is the reason why such attention is paid to documentation and legal strategy.
Step 4: Calculating Damages
Once there is the determination of the liability there is the determination of the value of the claim. Damages may include:
- Past and future medical costs
- Late wages and decreased earning powers
- Pain and suffering
- Emotional distress
- Property damage
To compute the damages accurately, it is not only to sum the bills but to estimate long-term expenses and the impact of the injury on a person in his or her everyday life.
Step 5: Filing an Insurance Claim
The majority of the personal injury lawsuits start with an insurance claim against an insurer of the party at fault. A demand letter is normally delivered stating the case facts, liability and compensation requested. The response of the insurance company can be in the form of questions, records request, or settlement offer.
This phase is characterized by negotiation since the first offers are usually lesser than the worth of a claim.
Step 6: Negotiating and Settlement
Settlement of many personal injuries cases are out of court. The process of negotiations can include several offers and counter offers. Fair settlement must put into consideration both present and future losses- not only present expenses.
Negotiations can always come to a halt or the insurer may refuse to exercise good faith in which case litigation can be required.
Step 7: Bringing a Lawsuit, in case it is needed
A personal injury lawsuit can be brought about in case there is no settlement. North Carolina has a statute of limitations of three years after the occurrence of the injury as regards to most personal injury cases. Discovery, depositions, possible mediation and possibly a trial are involved in filing a lawsuit.
In North Carolina, the personal injury claims procedure is complex, time-constrained and is highly dominated by the state specific legislation. Knowing every step is a way of making the injured people defend their rights and seek the compensation that they rightfully deserve, in a more vivid and confident way.
