Frequently Asked Questions About Personal Injury Claims in North Carolina

The process usually begins with a conversation about what happened.

We may ask:

• Where the accident happened

• When it happened

• How you were injured

• Whether you received medical treatment

• Whether another person or company may have caused the accident

• What insurance information is available

• Whether you have missed work

If Anglin Law Firm is able to represent you, we will explain the next steps and the terms of representation before moving forward.

Once representation begins, your attorney can help gather information, communicate about the claim, evaluate legal issues, and pursue compensation on your behalf.

You do not need to know whether you “have a case” before calling.

Many North Carolina personal injury lawyers handle injury cases on a contingency-fee basis rather than charging an hourly rate.

A contingency fee generally means the attorney receives an agreed-upon percentage of the recovery if the case results in compensation.

Under North Carolina professional conduct rules, a contingency-fee agreement must be in writing and signed by the client. It must explain how the fee is calculated and how expenses are handled.

The exact percentage and expense terms depend on the written agreement you enter into with your attorney.

Personal injury representation is often different from hiring a lawyer who bills by the hour.

With a contingency-fee arrangement, the attorney’s fee is generally tied to the outcome of the claim rather than requiring you to pay hourly legal fees as the case progresses.

However, attorney fees and case expenses are not always the same thing.

Before you hire a lawyer, the written agreement should explain:

• How the attorney fee is calculated

• What case expenses may apply

• Whether expenses are deducted before or after the attorney fee

• Whether there are any expenses you could owe regardless of the outcome

You should understand these terms before signing the agreement.

A contingency fee is a fee that depends on the outcome of the case.

Instead of charging you for each hour worked, the attorney receives an agreed percentage of a recovery.

North Carolina Rule of Professional Conduct 1.5 requires a contingency-fee agreement to be in writing and signed by the client. The agreement must state how the fee will be calculated, including the applicable percentage or percentages, and explain how litigation and other expenses will be handled.

Attorney fees pay the lawyer for legal services.

Case expenses are costs that may arise while investigating or pursuing the claim.

Depending on the case, expenses may include:

• Medical records

• Filing fees

• Depositions

• Expert witnesses

• Court-related costs

• Other investigation or litigation expenses

The way those expenses are handled should be explained in the written fee agreement.

This is one of the most common concerns people have before hiring an attorney.

Because a contingency fee comes from a recovery, it is reasonable to ask whether hiring a lawyer will leave you with less money.

No attorney can honestly promise that hiring a lawyer will result in a specific recovery or guarantee that you will receive more than you would have received on your own.

What a personal injury lawyer can do is help evaluate the claim, deal with legal and insurance issues, gather evidence, assess damages, and advocate for your interests.

Before hiring a lawyer, make sure you understand the fee agreement and how any recovery would be distributed.

You are allowed to handle your own claim.

The question is whether that makes sense for your particular situation.

A personal injury claim may become more complicated when:

• Your injuries are serious

• You need surgery or long-term treatment

• You cannot work

• Liability is disputed

• Multiple vehicles or parties are involved

• The insurance company disputes your injuries

• There are questions about available insurance coverage

• You may have been partially at fault

• A loved one died in the accident

If you are unsure, speaking with a North Carolina personal injury attorney can help you understand the issues before deciding how to proceed.

Many North Carolina personal injury claims are subject to a three-year statute of limitations.

That generally means a lawsuit for injury to a person must be filed within the applicable three-year period.

However, statutes of limitation can vary depending on the type of case and circumstances.

Do not assume you have three years in every situation.

If you were injured in Raleigh or elsewhere in North Carolina, it is better to speak with an attorney sooner rather than waiting until a deadline is approaching.

North Carolina generally provides a two-year limitations period for wrongful death actions, measured from the date of death.

Wrongful death matters can involve additional legal and procedural issues, so families should not wait until the end of that period to ask for legal advice.

If a loved one died because of a car accident or another potentially negligent act, contact an attorney as soon as reasonably possible.

This is particularly important in North Carolina.

North Carolina follows a contributory negligence rule.

In general, if an injured plaintiff is found contributorily negligent, that can prevent recovery in a personal injury case.

Because fault can have such a significant effect on a North Carolina claim, do not automatically assume you do or do not have a case based on what happened at the scene.

An attorney can review the specific facts.

Negligence generally refers to a failure to use reasonable care that causes someone else to be injured.

Examples may include:

• A driver causing a collision

• A driver operating a vehicle while impaired

• A property owner failing to address an unsafe condition

• Unsafe conduct at a construction site

• Other conduct that causes foreseeable injury

Whether negligence can actually be proven depends on the facts and applicable North Carolina law.

Liability means legal responsibility.

In a North Carolina personal injury claim, one of the central questions is usually who is legally responsible for causing the accident or injury.

Liability may be relatively clear in some cases and disputed in others.

Because North Carolina’s contributory-negligence rules can make fault especially important, determining liability can be a critical part of evaluating a claim.

questions about medical bills, insurance companies, lost income, attorney fees, or what you should do next.

Anglin Law Firm helps injured people understand their options.

Based in Raleigh, we serve clients throughout the Triangle and across North Carolina.

“Damages” means the losses caused by an injury.

Depending on the circumstances, a personal injury claim may involve losses related to:

• Medical treatment

• Lost income

• Physical injuries

• Long-term medical needs

• Permanent limitations

• Other effects of the injury

The damages available depend on the specific facts and applicable North Carolina law.

Not every car accident requires an attorney.

You may want to speak with a Raleigh car accident lawyer if:

• You were injured

• You needed emergency treatment

• You are still receiving medical care

• You missed work

• You may need surgery

• Your injuries may be permanent

• The insurance company disputes fault

• The insurance company disputes your injuries

• You are unsure what your claim may involve

• You are worried about saying or doing the wrong thing

You do not have to wait until a problem develops before asking questions.

Anglin Law Firm is based in Raleigh but serves injured people throughout North Carolina.

That includes people in and around:

• Raleigh

• Cary

• Apex

• Wake Forest

• Durham

• Chapel Hill

• Fayetteville

• Greensboro

• Winston-Salem

• Charlotte

• Wilmington

If your accident happened somewhere else in North Carolina, you can still contact us to discuss the situation.

Call us at 919-803-1516.

You do not need to write a long description of the accident or understand legal terminology.

Tell us in your own words what happened.

Looking for a Personal Injury Lawyer in Raleigh or North Carolina?

If you were injured because of someone else’s actions, you may have

Call us at 919-803-1516.

You do not need to write a long description of the accident or understand legal terminology.

Tell us in your own words what happened.