Episode Summary:
In this episode of Kellum Law Firm’s “Justice For All” podcast, our personal injury lawyer takes questions from visitors to our website at kellumlawfirm.com
Questions include those relating to accidents with uninsured motorists, workplace injury claims, slip and fall accident claims, and more.
Scroll down for a full text transcript of this month’s podcast.
Text Transcript:
Welcome to the Kellum Law Firm Podcast, where we discuss legal topics and answer your questions.
Today, we have a special episode where I’ll be answering questions from our clients and website visitors who’ve contacted us from across North Carolina.
Let’s dive right in.
Our first question comes from Sarah in Wilmington. Sarah asks: I was in a car accident last month, and the insurance company is offering me a settlement. They’re acting kinda pushy, like I need to accept it or lose it. What do you recommend that I should do?
Sarah, it’s important to carefully evaluate any settlement offer before accepting it. Insurance companies often try to minimize their payouts and it’s rarely the case that their first offer is their best offer.
I recommend consulting with a personal injury lawyer to assess the offer and ensure it covers all your medical expenses, lost wages, and other damages. An experienced attorney can negotiate on your behalf to secure a fair settlement.
Hope that helps! and thanks for contacting us.
Our next question is from Jason in Durham. Jason asks: Hey, John, I got injured in a motorcycle accident. The other driver was at fault, but I’m worried about how to prove it. He’s suggesting that me changing lanes caused the accident and it was my fault. What should I do?
Well, Jason…: Proving fault in a motorcycle accident requires gathering evidence such as police reports, witness statements, photographs of the accident scene, and medical records.
It’s also beneficial to have an accident reconstruction expert if the case is complex. An experienced attorney can help collect and present this evidence effectively to support your claim.
You need to be cautious moving forward as North Carolina is a ‘contributory negligence’ state, so if it can be shown that you were even partly at fault, you may not be able to receive any compensation. I recommend that you don’t speak to anyone involved in the case until you find yourself a good motorcycle accident attorney.
Okay, now we have Maria from Raleigh. Here’s what Maria has to say:
Hi, John. I slipped and fell at a local store here in downtown Raleigh, and the store manager said it was my fault and they have zero liability. Can I still sue them?
Well…. Maria, property owners have a duty to maintain safe premises. If they failed to address a hazardous condition or provide adequate warnings, you may have a valid claim. However, your actions at the time of the incident, such as whether you were paying attention, can also affect the case.
Your best option right now would be to consult with a personal injury lawyer, one who has some experience with slip and fall cases. They should be able to determine the strength of your claim and guide you through the process. Also, most law firms offer a free initial case review so it shouldn’t cost you anything to at least sit down with someone and get an opinion on whether your claim would hold up or not.
While we’re on the subject of case reviews, I’d like to take a minute to stress how important it is that you’re absolutely clear, concise, and accurate in everything you say to an attorney during the initial case review. It’s common for people to try to exaggerate some of the pertinent details of the case to win favor with the attorney or to make their case seem stronger. However, this can actually backfire and harm your case in the long run.
Firstly, exaggerations or inaccuracies can lead to inconsistencies in your story, which opposing counsel will undoubtedly exploit. They will scrutinize every detail, and any discrepancies can undermine your credibility.
This can be particularly damaging if your case goes to court, where your testimony is under oath and subject to cross-examination.
Secondly, providing accurate information allows your attorney to give you the best possible advice. We rely on the facts to determine the strengths and weaknesses of your case, to strategize effectively, and to negotiate on your behalf. If we have a clear and truthful understanding of the events, we can prepare for any challenges and address them head-on, increasing the likelihood of a favorable outcome.
Lastly, honesty fosters a trusting relationship between you and your attorney. We are here to advocate for you and to help you navigate the legal process. If we know all the facts, even the less favorable ones, we can better protect your interests. Transparency ensures that we can build the strongest case possible based on reality, not on a distorted version of it.
So, when you come in for your initial consultation, bring all relevant documents and be prepared to discuss the facts openly. This includes police reports, medical records, photographs, and any correspondence related to the incident. The more accurate and detailed information you provide, the better equipped we will be to fight for your rights and secure the compensation you deserve.
Okay, next up is a question from Dave in New Bern:
Hi, John. I was injured in a truck accident, and the trucking company is giving my insurers the run around. There’s some discussion over police reports of the accident and some debate around liability. Do you have any advice on how I can step in and push the claim forwards, I haven’t worked since the crash and my resources are running low.
Dave, this is common in trucking accident cases, which can be complex, often involving multiple parties such as the drivers, trucking company, and even manufacturers. It sounds like your case might not be so straightforward. You don’t mention it, but I’m wondering here if you have an auto accident attorney fighting your corner? If you’re trying to get resolution just through your insurance company, or even their broker, you need to remember that their primary motive is to minimize any payout.
It’s not uncommon for the insurance company to string you along for weeks, even months, at which point you’re more likely to accept a lower offer for any settlement.
An attorney with experience in truck accident cases can help identify liable parties and build a strong case on your behalf. They’ll push the case along and make sure that insurers don’t tread-water on the case in hope of a lower settlement. So if you haven’t done so already, contact an attorney and request a free case review. Kellum Law Firm’s head office is in New Bern, at 219 Broad Street. Give us a call today on 1-800-ACCIDENT and we’ll get you set up with a free consultation, there’s no obligation on your part to retain us if you decide you want to work with someone else.
Okay, here’s an email from Jill in Morehead City:
Hi, John. I’ve been dealing with a personal injury case for a while now. How long does it usually take to resolve these cases?
Thanks for the great question, Jill, it’s one of the first questions we’re generally asked when we sit down with a new client. Unfortunately, the answer is often the same – the duration of a personal injury case depends on various factors, including the complexity of the case, the severity of the injuries, and whether the case goes to trial.
Some cases settle within a few months, while others can take years. Patience and persistence are key, and having a dedicated attorney can help speed things up while making sure you get fair compensation.
Now, let’s talk about finding the right balance between a quick settlement and holding out for more money. It really depends on your situation.
For some folks, especially if you’re dealing with immediate financial stress from the accident, a quick settlement can be a lifesaver. Medical bills, lost wages, and other expenses can add up fast, and getting a settlement sooner rather than later can help you get back on track. But keep in mind, a quick settlement might be lower than what you could get if you held out and negotiated more.
On the flip side, if you’re in a position where you can wait, pursuing a bigger settlement often means taking more time to build a strong case. This includes gathering all the evidence, negotiating back and forth, and maybe even going to trial. It can be a longer process, but it may allow an attorney to get you a settlement that better reflects the full impact of the injury on your life.
Next up we have an email that came in from our website at kellumlawfirm.com this from Michael who lives in Jacksonville:
Hi, I got into a car accident, and my insurance company is giving me a hard time about covering my medical bills. How do I get them to pay me for ongoing medical treatments and also to settle the main part of the claim quickly?
Hi Michael, it’s unfortunate when insurance companies act in bad faith. As I mentioned in response to an earlier question, it’s not uncommon for insurance companies to string you along, offering quick settlements for part of your claim yet at the same time rejecting other parts of your claim. Remember, once a settlement amount is agreed, it’s hard to go back and try to get more. This is particularly pertinent if you’re receiving ongoing medical treatment, the projected cost of which needs to be a part of your settlement.
There’s no easy way around your situation, at least not if you want to get what’s owed. An attorney can assist in negotiating with the insurance company and, if necessary, file a lawsuit to ensure you receive the coverage you are entitled to under your policy. If you haven’t already, find a local law firm with a strong reputation and schedule a case review.
Our next question is from Emily in Goldsboro.
Emily writes, Hi, John. My husband was injured in a motorcycle accident, and he’s unable to work as he’s recovering from his injuries. Can we claim lost wages and other medical costs?
Emily, yes, you can claim lost wages as part of your personal injury case. This includes not only the income your husband has already lost but also future earning capacity if his ability to work is permanently affected.
Detailed documentation from his employer and medical professionals will be important in supporting this aspect of your claim. I would suggest that you schedule a talk with an attorney, as getting compensated for ongoing medical bills and loss of earnings isn’t something you and your husband want to try and tackle alone.
Next we have a question from Tom in Greenville:
Hi, I was in a truck accident, and I’m dealing with severe injuries. How do I determine how much my case is worth?
Tom, the value of your case depends on many factors. We’re talking about the severity of your injuries, the medical expenses you’ve racked up, lost wages, pain and suffering, and how all this impacts your day-to-day life. It’s a lot to consider and every case is different so there isn’t a one-size fits all answer to your question.
First off, the severity of your injuries plays a huge role. If you’ve got minor injuries, the case might not be worth as much as it would be if you’re dealing with something more serious, like a broken bone or a long-term disability. The more severe the injury, the higher the potential compensation, because the impact on your life is greater.
Medical expenses are another big factor. This includes not just the bills you’ve already got from doctors, hospitals, and physical therapists, but also any future medical costs you might rack up that might be difficult to predict at this point in your recovery. So if you need ongoing treatment or therapy, we need to factor that in. It’s all about making sure you’re covered for the long haul, not just right now.
Then there’s lost wages. If you’ve had to take time off work because of your injuries, you can claim that lost income. And it’s not just about what you’ve already missed out on. If your injury affects your ability to work in the future, that needs to be included too. Maybe you can’t go back to the same job, or you can’t work as many hours. That lost earning potential is a key part of your compensation.
Pain and suffering are a bit harder to quantify, but they’re just as important. This covers the physical pain you’ve experienced and the emotional toll the injury has taken on you. It’s about recognizing that your quality of life has been affected in ways that go beyond just the financial hit.
Lastly, we look at the overall impact on your quality of life. Maybe you can’t play with your kids the way you used to, or you’ve had to give up hobbies you love. These changes can be devastating, and they need to be factored into your compensation.
An experienced personal injury lawyer, like the folks we have here at Kellum Law Firm, can help evaluate all these factors. We work closely with medical and economic experts to get a clear picture of what money is at stake and what it will take to get you fully compensated. It’s not just about throwing a number out there – it’s about accurately estimating what you deserve based on all the ways the injury has impacted your life.
Okay just time for another couple questions here before I wrap things up. Here’s an email from Anna in Roanoke Rapids.
Just a thought before I get to Anna’s email, if you need to contact us with a question about an injury or potential claim, the quickest way is to call us toll free on 1-800-ACCIDENT. Our folks are here twenty four seven to take your call and we can get you connected with the right attorney here in one of our local law offices.
You can find our office locations at our website over at kellumlawfirm.com they include New Bern, Raleigh, Greenville, and other locations around the state.
Okay, on to Anna’s query: Hi, I slipped and fell at my workplace. Can I file a personal injury claim, or do I have to go through workers’ compensation?
Hey Anna, I’m sorry to hear about your workplace accident and I hope you’re making a good recovery. Typically, workplace injuries are handled through workers’ compensation. However, if a third party, such as a contractor or equipment manufacturer, contributed to your injury, you may be able to file a personal injury claim against them in addition to your workers’ compensation claim.
Consulting with an experienced lawyer can help you explore all your options.
Next up we have a question from Sam in Roanoke Rapids:
Sam writes, Hi, my Social Security Disability claim was denied. What should I do next?
Sam, you’ve got the right to appeal that decision, and many folks end up getting approved after an appeal. The process can be a bit tricky and involves several stages, so let’s break it down a bit.
First up, there’s the reconsideration stage. This is basically a second look at your application by someone who wasn’t involved in the initial decision. It’s your chance to provide any new evidence or clarify anything that might have been misunderstood the first time around.
If that doesn’t go your way, the next step is a hearing before an administrative law judge. Now, this might sound intimidating, but it’s essentially a more personal look at your case. You get to present your case in person, and sometimes just having the chance to explain your situation face-to-face can make a big difference. You’ll have the opportunity to bring in witnesses, like doctors or other experts, to support your claim.
If the judge’s decision still isn’t in your favor, you can take it up a notch to the Appeals Council. They’ll review the judge’s decision for any mistakes or oversights. And if need be, you can even take your case to federal court.
I know this all sounds like a lot to handle, and quite honestly, it can be. The process is detailed and can get pretty complex, which is why it’s a really good idea to have an attorney who specializes in SSI disability cases, by your side. They know the ins and outs of the system and can help guide you through each step, increasing your chances of a successful appeal.
Having a lawyer means you’re not going through this alone. They can help gather the right evidence, prepare you for the hearing, and make sure all the paperwork is in order. Plus, they can give you peace of mind, knowing that someone with experience is fighting for your rights.
So, don’t get discouraged by the initial denial. It happens to a lot of folks, and it doesn’t mean the end of the road. Reach out to an experienced SSI disability attorney, and let them help you navigate the appeals process.
With the right support, you have a much better shot at getting the benefits you need and deserve. Kellum Law Firm can help you with this and we have an office location right on your doorstep in Roanoke Rapids. Pick up the phone and dial 252-535-4444 and Julie on the front desk or one of our other team members can schedule your free case review with a Disability attorney.
Okay, here’s one from Laura in Williamston:
Hi, John. I was in a car accident, and my back still hurts months later. Can I still file a claim?
Laura, absolutely, you can still file a claim. But something important to keep in mind is the statute of limitations. This is basically the deadline for filing a personal injury claim, and it varies from state to state. In North Carolina, for example, you generally have three years from the date of the accident to file a personal injury claim. That might seem like a long time, but it can be an issue when you’re dealing with medical problems that might arise long after the accident occurred.
If you miss that deadline, you could lose your right to file a claim altogether, which means you won’t be able to seek compensation for your injuries and other losses. So, acting within that timeframe is super important.
This is where consulting with an attorney becomes really important. An experienced personal injury lawyer can help make sure you’re meeting all the necessary deadlines and gathering the right evidence. They’ll know exactly what documents you need, from medical records to accident reports, and can guide you through the process step-by-step.
Plus, having a lawyer means you have someone in your corner who understands the legal landscape. They can deal with the insurance companies, negotiate on your behalf, and fight to get you the compensation you deserve. Whether it’s covering medical bills, lost wages, or other expenses related to the accident, a good attorney will work hard to make sure you’re taken care of.
So, don’t wait too long to get the ball rolling. Reach out to an attorney, get your injuries documented, and start building your case. It might seem overwhelming at first, but having the right support can make a big difference and give you the best shot at a successful claim.
Here’s a common question from auto accident victims, and this is from Rachel in Durham:
Hi, John. I was in a motorcycle accident, and the other driver didn’t have insurance. What are my options?
So, if the other driver is uninsured, you do still have some options.
First off, you can file a claim under your own uninsured motorist coverage if you have it. This type of insurance is designed specifically for situations like yours, where the at-fault driver doesn’t have any insurance.
It can help cover your medical bills, car repairs, and other expenses related to the accident. Check your insurance policy to see if you’re covered and to what extent.
Another avenue to explore is suing the driver personally. This means taking legal action directly against the person who hit you. Now, this can be a bit tricky because if the driver doesn’t have insurance, there’s a good chance they might not have significant assets either. Collecting compensation in such cases can be challenging – you can win the case, but actually getting the money could be another story.
This is where having an attorney by your side really makes a difference. An experienced car accident lawyer can help you navigate these options and figure out the best course of action. They’ll review your insurance policies, help you understand what’s covered, and guide you through the process of filing a claim.
If you decide to sue the driver, your attorney can handle all the legal work – from filing the lawsuit to representing you in court. They’ll work to identify any assets the driver might have and pursue every possible avenue to get you the compensation you deserve.
So, while dealing with an uninsured driver can be a hassle, you’re not out of options. With the right legal help, you can still seek the compensation you need to cover your expenses and get back on your feet. Don’t hesitate to reach out to an attorney who can help you through this process and make sure you’re taking all the right steps.
And that’s all we have time for today, folks. Thanks so much for tuning in. If you enjoyed the show, don’t forget to subscribe to our podcast feed on Apple Podcasts or if you’re listening to this on our YouTube channel please share the link with a friend then hit the Like button and subscribe to our channel. That way you’ll never miss an episode.
For more information on Kellum Law Firm and what we do, visit our website at kellumlawfirm.com
If you need legal assistance or want to schedule a free case review with one of our attorneys, give us a call toll-free, twenty four seven at 1-800-ACCIDENT. We’re here to help you navigate through any legal challenges you might be facing relating to personal injury, auto accidents, workplace injuries, disability claims, and more.
Thanks again for listening, and we’ll see you next time on the Kellum Law Firm Podcast. Take care!