Video Transcript:
Frequently Asked Questions About The Personal Injury Claims Process
Welcome to Kellum Law Firm, your trusted personal injury lawyers in North Carolina. We understand that dealing with a personal injury claim can be overwhelming, and that’s why we’re here today to address some of the frequently asked questions about the process. Our dedicated team is committed to guiding you through every step, ensuring you receive the justice and compensation you deserve. Let’s dive right in!
Before we look at the most frequently asked questions, let’s briefly outline the personal injury claim process.
Consultation: The first crucial step is to schedule a consultation with our experienced attorneys. During this initial meeting, we will listen to your story, gather 
essential details, and assess the validity of your claim. We’ll talk with you about possible options and approaches to pursuing the best outcome for your case. Your initial consultation with one of our attorneys is free of any charge or obligation to retain us.
Investigation: Once we take your case, our team will begin a thorough investigation of the facts and circumstances of your claim. We will collect evidence, speak to witnesses, review medical records, and assess the full extent of your injuries. This step is crucial to building a strong case on your behalf. We’ll keep you updated along the way and we’ll contact you for additional information as needed.
Negotiation: After gathering all necessary evidence, we will enter the negotiation phase. Our skilled attorneys will work to reach a fair settlement with the insurance companies or the responsible parties. We will always prioritize your best interests and fight for the maximum compensation available.
Litigation: While most personal injury cases are resolved through negotiation, sometimes a fair settlement cannot be reached. If this happens, and with your approval, we are fully prepared to take your case to court. Our experienced trial attorneys will advocate for you in front of a judge and/or jury to seek the justice you deserve.
Now, let’s address the most frequently asked questions our personal injury attorneys are asked by new clients:
Q1: Do I have a valid personal injury claim?
Attorney: Determining the validity of your claim is a critical first step. To establish a valid personal injury claim, we need to prove it is more likely than not that 
another party’s negligence or wrongful actions caused your injuries. During our initial consultation, we will thoroughly assess the facts and circumstances surrounding your case to determine its validity. It’s important to note that North Carolina follows contributory negligence, one of the strictest doctrines of comparative fault in the United States. Under this law, if a person is found to have contributed to their injuries in any way, even by just 1%, they may be barred from recovering any compensation from the other party involved in the accident, even if that other party is mostly at fault. While this is a harsh rule, there are several exceptions to defeat contributory negligence. This is something we take into account when making our initial assessment on the validity of any claim.
Q2: How long do I have to file a claim?
Attorney: In North Carolina, personal injury claims are subject to a statute of limitations, which means there is a time limit within which you must settle or file your claim. Generally, the statute of limitations for personal injury cases is three years from the date of the incident, or two years in cases involving a wrongful death. However, there are exceptions based on the specifics of your case. It’s crucial not to delay in seeking legal advice to ensure you don’t miss any deadlines.
Q3: Will my case go to court?
Attorney: Most personal injury claims are resolved through out-of-court settlements. Negotiating a settlement can often be a quicker and less costly way to 
secure compensation. However, if the insurance company refuses to offer a fair settlement, or if we believe that going to court is in your best interest, then we’ll talk with you about the option of litigation. Rest assured, we will always communicate with you transparently about the best course of action for your case.
Q4: What damages can I claim?
Attorney: In a personal injury claim, you may be eligible to claim various types of damages, depending on the circumstances of your case. These can include:
Medical Expenses: This includes all past, present, and future medical bills related to your injuries, such as hospital stays, surgeries, medications, therapy, and rehabilitation.
Lost Wages: If your injuries prevent you from working or cause a decrease in your earning capacity, you may be entitled to compensation for lost wages.
Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, may also be recoverable.
Property Damage: If your property was damaged in the accident, you may be entitled to reimbursement or compensation for its repair or replacement.
Punitive Damages: In cases involving extreme recklessness or intentional harm, punitive damages may be awarded to punish the responsible party and prevent similar actions in the future.
During our investigation, we will work to assess the full extent of your losses to ensure we pursue the maximum compensation available for you.
Q5: How long will the process take?
Attorney: The duration of the personal injury claim process can vary widely based on several factors. These factors include the complexity of your case, the cooperation of the involved parties, and the extent of your injuries and treatment. Some cases can be resolved within a few weeks or months, while others may take longer, especially if litigation becomes necessary.
Our priority is to resolve your claim efficiently, but we also want to ensure that we achieve the best possible outcome for you. We will keep you informed throughout the process and provide regular updates on the status of your case.
Q6: How much does hiring a personal injury attorney cost?
Attorney: We understand that many individuals are concerned about the cost of hiring a personal injury attorney. At Kellum Law Firm, we work on a contingency fee basis. This means you don’t have to worry about any upfront costs or retainer fees. We only get paid if we successfully secure compensation for you. Our fee is a percentage of the final settlement or jury award. If we don’t win your case, you don’t owe us anything. This approach ensures that everyone, regardless of their financial situation, can have access to quality legal representation when they need it most.
Q7: How much is my case worth?
Attorney: We understand that you’re eager to know the value of your case, and it’s a natural question to ask. However, determining the exact worth of your personal injury case is a complex process that requires careful analysis of various factors. We will work diligently to assess the full extent of your damages and pursue the maximum compensation you deserve.
We hope this explanation of the personal injury claim process has provided valuable insights for you. Remember, you don’t have to face this challenging journey alone. Our compassionate and experienced team at Kellum Law Firm is here to support and fight for you every step of the way.
If you or your loved one has suffered injuries due to someone else’s negligence, don’t hesitate to contact us for a free consultation. Let us help you seek the justice and compensation you deserve. Our initial meeting will provide you with an opportunity to ask further questions and understand the strengths of your case.
