Personal Injury FAQ

Each year, thousands of personal injury cases are brought to court or settled outside of the courtroom in the United States.

With so many complexities involved in personal injury cases, many questions often arise. These questions can range from insurance company compensation to the amount of compensation that may be awarded in a particular case.

At Lewis & Keller Injury Lawyers, we understand that injured clients may be going through a difficult and unique time in their lives, and we sit with them to help them understand how they may be able to recover compensation for any losses or damages caused by someone else’s negligence. Because personal injury cases involve many complex aspects, Lewis & Keller Injury Lawyers has compiled some of the most common questions to further assist our clients.

Learn more about how our personal injury attorneys can help.

Commonly Asked Questions about Personal Injury Cases

What Type of Accident Is Considered a Personal Injury Case?

The legal definition for personal injury states that a personal injury is any injury to the mind, body, or emotions, rather than an injury to personal property.

The main goal of a personal injury case is to receive compensation for losses or damages caused by the negligence of another individual.

What Types of Actions Are Considered Negligence?

Negligent action refers to another person disregarding the safety of those around them and failing to act in a safe and responsible manner. For example, a driver texting while driving or a store employee failing to clean up a known spill on a slippery floor are common examples of negligence.

What Should I Do Immediately After an Accident?

After an accident, protecting your health should always be your top priority. However, there are also steps that you can take to help protect your right to compensation.

• Seek medical attention right away, even if your injuries seem minor. Some injuries can worsen over time or be masked by adrenaline.
• If possible, document the scene of the accident and your injuries with photos and video, collect contact information from witnesses or the at-fault party, and report the incident to police, the property owner, or the manager on duty, depending on where it occurred.
• Contact a personal injury attorney as soon as possible. The sooner your personal injury case can begin, the better your chances of getting maximum compensation.  

Where Should I Get Treatment for My Injuries?

After an accident, getting immediate medical attention is important for both your health and your personal injury claim. Winston-Salem is home to several high-quality hospitals that can provide emergency and ongoing care for injury victims, including:

• Atrium Health Wake Forest Baptist: This nationally recognized hospital offers emergency services, trauma care, and specialized treatment for serious personal injuries, including head trauma, fractures, and internal injuries.
• Forsyth Medical Center: Known for its advanced emergency department and surgical services, this facility provides care for a wide range of injuries and can assist with both immediate and long-term recovery needs.
• Novant Health Medical Park Hospital: This hospital specializes in surgical procedures and rehabilitation services, making it a good option for patients requiring follow-up care after an accident.

What Post-Injury Rehabilitation Options Are Available for Accident Victims in Winston-Salem?

Recovering from an injury often requires physical rehabilitation to restore mobility, reduce pain, and improve quality of life. Winston-Salem offers many rehabilitation providers to assist with your recovery, including:

• Wake Forest Baptist Inpatient Rehabilitation: This facility provides physical therapy, occupational therapy, and specialized rehabilitation programs designed to help patients regain strength and function after serious injuries.
• Novant Health Rehabilitation Services: This center offers personalized physical therapy plans and focuses on helping patients recover from orthopedic injuries, surgeries, and chronic pain conditions.

Can I Still File a Claim If I Didn’t Seek Medical Attention Right Away?

While it’s always best to seek immediate medical care following an injury accident, you may still have a claim even if you waited to be seen by a doctor. However, delays in treatment can make it more difficult to prove your injuries were caused by the accident, rather than at a later date, so it’s important to consult with an attorney to learn your options for pursuing compensation as soon as possible.

How Long Do I Have to File a Personal Injury Claim in North Carolina?

In North Carolina, the statute of limitations for most personal injury cases is typically three years from the date of the accident. It’s important to speak with an attorney as soon as possible after an injury to help make sure your claim is filed both within the statute of limitations and before important evidence disappears or becomes more difficult to find.

How Much is My Personal Injury Case Worth?

Often, this is the first question an injury victim asks. However, it is difficult to give a specific dollar amount as each case is seen differently. Depending on the circumstances of your case, you may be able to recover compensation for your:

• Medical bills
• Lost income
• Pain and suffering
• Emotional distress
• Other related expenses resulting from your injury

Our lawyers can investigate all the ways your injury has affected your life to ensure your damages are fully accounted for.

How are Medical Bills Handled During My Case?

Your medical bills may be paid through your health insurance or Medical Payments (MedPay) coverage. Your attorney can help coordinate how these expenses are managed while your case is in progress.

How Is Pain and Suffering Calculated?

Pain and suffering damages are typically based on factors such as the severity of your injury, its impact on your daily life, and the length of time it will take for you to recover. Because every case is different, these damages can vary.

Do I Need a Lawyer for My Personal Injury Case?

While it’s not required for you to hire a lawyer to pursue compensation after an injury, having an experienced Winston-Salem personal injury attorney on your side can significantly improve your chances of receiving fair compensation. An attorney can handle negotiations, paperwork, and legal complexities on your behalf while you focus on getting well again.

What Evidence Is Important In a Personal Injury Case?

Important evidence to prove fault and damages in a personal injury case can include:

• Medical records
• Accident reports
• Witness statements
• Photographs
• Documentation related to your injuries and expenses

Gathering this information can help strengthen your claim. If you’re unable to collect it, don’t worry. Our lawyers and legal staff can help collect this evidence for you.

Can I File an Injury Claim on Behalf of a Loved One?

In certain situations, such as when a loved one is incapacitated or in the case of wrongful death, you may be able to file a claim on their behalf. You also may be able to file a claim on behalf of your minor child. Our lawyers can help you navigate the rules of this process.

What if The At-Fault Party Who Injured Me Doesn’t Have Insurance?

If the responsible party doesn’t have insurance, you may still have options for getting compensation, such as filing a claim under your own uninsured/underinsured motorist coverage if you were involved in a car accident. An attorney at Lewis & Keller Injury Lawyers can help you explore all available avenues for getting fair compensation.

What if I Was Partially at Fault for the Accident?

North Carolina follows a contributory negligence rule, which means that if you’re found to be even partially at fault for your accident or injury, you may be barred from recovering any compensation at all. Because of this strict rule, it’s important to consult an attorney to help protect your claim.

How Long Does a Personal Injury Case Take to Resolve?

The length of a personal injury case can vary depending on the complexity of the claim, the severity of injuries, and whether the case is settled or goes to trial. Some cases may resolve in a few months, while others can take longer. Speaking to a lawyer can give you a better idea of how long your claim may take to resolve.

What if My Injuries Worsen Over Time and My Medical Expenses Increase?

Some injuries aren’t fully symptomatic right away. If your condition worsens, it’s important to seek medical attention and inform your attorney about the changes in your health, so your claim accurately reflects the full extent of your injuries.

Should I Agree to Give the Insurance Company a Recorded Statement?

We recommend speaking to a lawyer before giving any kind of recorded statement. We also recommended that you let your lawyer handle all communications with the insurance company. This is because insurance companies are known for looking for loopholes to provide the smallest settlement possible, and that includes twisting injury victims’ words to assign them fault for their own injuries.

What if the Insurance Company Offers Me a Settlement?

It’s important to speak with an attorney before accepting any settlement offer or signing any type of release. Insurance companies often attempt to settle claims quickly and for less than what claimants deserve. And if you accept a lowball settlement offer, you can’t pursue more compensation later if your expenses increase.

Will I Need to Go to Court?

Not always. Often, accident cases are settled without even filing a lawsuit, and many lawsuits are settled without a court trial. Of course, if a case is not settled on all terms, it may be required to proceed to court.

What Is a Contingency Fee?

A contingency fee means that a law firm will not charge you for its services unless a case is ruled in your favor. This fee replaces a retainer or hourly rate. Instead, the firm takes a small percentage of the winnings as the fee.

Will Lewis & Keller Injury Lawyers Dedicate Much Time to My Case?

Our attorneys strive to obtain the maximum compensation for each case and will dedicate as much time as necessary to each case. The time spent depends directly on the complexity of each case.

How Often Will I Receive Updates About My Case?

At Lewis & Keller Injury Lawyers, we believe in clear communication. Because of that, we work hard to keep you informed throughout each stage of your case. We encourage our clients to reach out at any time with questions or concerns about their cases.

Need Help? Contact Our Experienced Personal Injury Attorneys!

At Lewis & Keller Injury Lawyers, our primary goal is to protect the rights of injured victims and help them obtain the justice they deserve in court. Our attorneys are licensed to serve the entire state of North Carolina and they are ready to listen to your story, provide qualified legal advice, and start working on your case immediately.

To learn more about how our personal injury attorneys can help you win justice, schedule a free no-obligation consultation. Reaching out to us is the first step towards recovery and justice. Let us fight for your rights and help you move forward with confidence.