The allotted period of time for filing a personal injury claim is not set in stone, but generally speaking, three years are allowed. Some circumstances may call for a different time window. For example, if you have a loved one that’s passed away from an injury from the accident, two years are given. Another exception occurs with minors who can only be filing a claim after they turn 18. There can be a little bit of leeway for legal incompetence as well. These are a couple of examples, but many factors may alter the time allowed. It’s best to ask a lawyer how much time is needed to fight a lawsuit. Navigating this process can be tricky because you don’t want to give an absolute price or a number subject to unpredictable variables. But in general, you have to be ready from the date of your accident to file your lawsuit. Otherwise, prepare to lose your right to file a claim.
If I Was Struck By An Uninsured Or Underinsured Driver In North Carolina, Do I Have Any Chance Of Recovering Financially For My Injury?
If an uninsured or underinsured driver struck you in North Carolina, you absolutely might have good chances of receiving financial compensation. North Carolina law demands that everyone carry uninsured motorist coverage unless they have signed the selection rejection form that states refusal of uninsured motorist coverage.
There are varying levels of uninsured motorist coverage. The minimum allowed by North Carolina is $30,000 per person, $60,000 per accident. The next level up is usually approximately $50,000 per person and $100,000 per accident. Then above that, you could see more comprehensive insurance coverage offer $100,000 per person and $300,000 per accident. Suppose your claim is worth $100,000, and the driver who hit you carries a $30,000 policy. The driver has the $30,000 policy because they’re buying the minimum insurance required to put their car on the road. Odds are, you’re never going to be able to collect anything more from them than their insurance provides. The underinsured portion of the claim becomes significant if the other driver doesn’t have enough insurance to cover you.
Suppose you have a $50,000 liability coverage. In that case, unless you’ve signed a selection rejection form, you’re typically going to have $50,000 underinsured and uninsured protection. $50,000 in coverage will then be counted against the liability company’s $30,000, leaving $20,000 to the potential coverage. The same rules apply to uninsured motorist coverage. For example, if you had $100,000 on your uninsured motorist coverage policy, you could potentially get up to another $70,000 policy for underinsured coverage.
The Insurance Company Offered Me A Settlement Right Away. Should I Go Ahead And Take It, Or Could I End Up With Less Or More If I Continue With My Raleigh North Carolina Accident Injury Case?
You should never take an early settlement offer. Insurance companies in North Carolina will try to jump at the opportunity to settle early. They want to settle the case before you have legal guidance because they hope you will sign a release form that states that you can never ask for additional money in the future upon accepting the settlement. These release forms do hold up in court, so be wary. If you accept a settlement early because you don’t think you’re too badly hurt, be aware that you will have no additional support if more medical costs are incurred.
As an attorney for personal injury claims, I have had many experiences where people have called me and reported they were in an accident and only compensated a few hundred dollars. In one case, at the time of receiving a settlement, an injured person didn’t think they were that badly hurt. A month later, a problem with a disc in their back was discovered. The doctor informed them they now required surgery. Unfortunately, the claim can not be reopened, and additional funds cannot be granted after a settlement has already been received.
Our law practice always makes sure that we don’t settle any claims until clients completely recover from their injuries or have reached Maximum Medical Improvement. Maximum Medical Improvement is a common term in workers’ compensation situations, but that same idea applies here. It describes the point in physical recovery that you have healed and are now only dealing with pain management. At this later point in the recovery process, it’s clearer whether you will have adequate funds to be administered proper care. Consequently, it becomes more reasonable to settle.
For more information on Personal Injury Law In North Carolina, a free initial consultation is your next best step. Get the information and legal answers you seek by calling (919) 999-4462 today.
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