Frequently Asked Questions

At Dr. Ted Injury Law, we handle personal injury cases on a contingency fee basis, which means you pay nothing upfront and owe no legal fees unless we win your case. Our fee is a percentage of the recovery we obtain for you. This arrangement ensures that quality legal representation is accessible to everyone, regardless of financial situation.

The statute of limitations varies by state. In North Carolina, you generally have 3 years from the date of injury to file a personal injury lawsuit (N.C. Gen. Stat. § 1-52). In South Carolina, the deadline is also 3 years (S.C. Code § 15-3-530). In Georgia, you typically have 2 years from the date of injury (O.C.G.A. § 9-3-33). Missing these deadlines can permanently bar your claim, so it is critical to consult an attorney as soon as possible.

First, seek medical attention even if you feel fine, as some injuries have delayed symptoms. Call 911 to report the accident and obtain a police report. Document everything by taking photos of the scene, your injuries, and any property damage. Collect contact and insurance information from all parties involved. Avoid giving recorded statements to insurance companies before speaking with an attorney.

The timeline varies significantly depending on the complexity of your case, the severity of your injuries, and whether a fair settlement can be reached. Simple cases may resolve in a few months, while complex cases involving serious injuries or disputes over liability can take one to three years or longer. Our attorneys work to resolve your case as efficiently as possible while ensuring you receive the full compensation you deserve.

You may be entitled to recover economic damages such as medical bills, lost wages, and property damage, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving egregious conduct, punitive damages may also be available. Georgia and South Carolina allow punitive damages under specific circumstances, while North Carolina caps punitive damages at the greater of three times compensatory damages or $250,000 (N.C. Gen. Stat. § 1D-25).

While you are not legally required to hire an attorney, having experienced legal representation significantly increases your chances of obtaining fair compensation. Insurance companies have teams of adjusters and lawyers working to minimize payouts. Studies consistently show that claimants represented by attorneys recover substantially more than those who handle claims on their own, even after accounting for legal fees.

The impact of partial fault depends on the state where the accident occurred. North Carolina follows a strict contributory negligence rule, meaning if you are found even 1% at fault, you may be barred from recovering any compensation. South Carolina and Georgia follow modified comparative fault rules, allowing you to recover damages reduced by your percentage of fault, as long as you are less than 50% (SC) or 50% (GA) responsible. An experienced attorney can help minimize any fault attributed to you.

A valid personal injury case generally requires four elements: duty of care (the other party owed you a duty), breach of duty (they failed to meet that duty), causation (the breach directly caused your injury), and damages (you suffered actual losses). If another person or entity's negligence caused your injuries, you likely have a viable claim. We offer free consultations to evaluate your case and advise you on your legal options.

The vast majority of personal injury cases — roughly 95% or more — are resolved through negotiated settlements before trial. However, if the insurance company refuses to offer fair compensation, our attorneys are fully prepared to take your case to court. Having a law firm with a strong trial record often motivates insurance companies to offer more reasonable settlements during negotiations.

A claim is a demand for compensation typically filed with an insurance company, and it can often be resolved through negotiation without court involvement. A lawsuit is a formal legal action filed in court when settlement negotiations fail to produce a fair result. Most cases begin as insurance claims, and a lawsuit is filed only if necessary to protect your rights and pursue adequate compensation.

Almost never. Initial settlement offers from insurance companies are typically far below the true value of your claim. Insurers make low offers hoping you will accept before you fully understand the extent of your injuries and losses. An experienced personal injury attorney can evaluate whether an offer is fair and negotiate aggressively on your behalf to secure the compensation you actually deserve.

Dr. Ted Injury Law combines medical expertise with legal advocacy to deliver a level of case analysis that most firms simply cannot match. Our team understands the medical aspects of your injuries in depth, which strengthens every aspect of your claim — from initial evaluation to settlement negotiations and trial preparation. We serve clients across North Carolina, South Carolina, and Georgia from 10 office locations, providing personalized attention and aggressive representation for every case.

Ensure everyone's safety and call 911 immediately. Do not leave the scene, as doing so can result in criminal charges. Exchange contact, insurance, and vehicle information with the other driver. Take photos of all vehicles, the roadway, traffic signals, skid marks, and any visible injuries. Obtain contact information from witnesses. Do not admit fault or apologize, as these statements can be used against you later.

Fault is determined through a review of the police report, physical evidence, witness statements, traffic camera footage, and applicable traffic laws. In North Carolina, the contributory negligence standard means that if you are found even partially at fault, you may be unable to recover damages. South Carolina and Georgia use comparative fault systems that allow recovery as long as you are less than 50% at fault. An attorney can gather evidence to support your claim and counter any unfair fault allegations.

All three states — NC, SC, and GA — require that auto insurance policies include uninsured/underinsured motorist (UM/UIM) coverage unless the policyholder specifically rejects it in writing. If the at-fault driver has no insurance or insufficient coverage, you can file a claim under your own UM/UIM policy. Our attorneys can also investigate whether other sources of recovery are available, such as the vehicle owner's insurance or other liable parties.

The value of your case depends on multiple factors, including the severity of your injuries, total medical expenses, lost income, impact on your daily life, and the degree of the other party's fault. Cases involving permanent injuries, chronic pain, or significant disfigurement are generally worth more. Our attorneys conduct a thorough evaluation of all your damages to determine a fair value and fight to maximize your recovery.

Yes, absolutely. Many serious injuries — including concussions, whiplash, internal bleeding, and soft tissue damage — may not produce symptoms for hours or even days after an accident. Prompt medical evaluation creates a documented link between the accident and your injuries, which is essential for your legal claim. Delaying treatment gives insurance companies an excuse to argue your injuries are unrelated to the accident.

Distracted driving is a serious offense in all three states. North Carolina, South Carolina, and Georgia all have laws restricting cell phone use while driving, with Georgia's Hands-Free Act being particularly strict. If the other driver was texting or otherwise distracted, this strengthens your claim significantly and may support a claim for punitive damages in addition to standard compensation. Phone records and other evidence can be subpoenaed to prove distraction.

In North Carolina, failure to wear a seatbelt generally cannot be used to reduce your recovery in a personal injury lawsuit, though there are limited exceptions. In South Carolina, seatbelt non-use evidence is admissible but can only reduce damages by a limited percentage. In Georgia, failure to wear a seatbelt is generally not admissible to reduce your damages in a personal injury case. Regardless, you should always wear your seatbelt for your own safety.

Most insurance policies require you to report an accident as soon as reasonably possible, typically within 24 to 72 hours. Failing to report promptly could jeopardize your coverage. However, when speaking with your insurer, stick to the basic facts and do not provide a recorded statement or accept any settlement offers without consulting an attorney first. Insurance adjusters are trained to minimize payouts, even with your own company.

Under the eggshell plaintiff doctrine recognized in NC, SC, and GA, a defendant must take the victim as they find them. If a car accident aggravated or worsened a pre-existing condition, you are entitled to compensation for the additional harm caused by the accident. The insurance company cannot deny your claim simply because you had a prior condition. Medical records documenting your condition before and after the accident will be key evidence in these cases.

Yes. Your property damage claim (vehicle repair or replacement, rental car costs, personal property lost in the vehicle) is handled separately from your bodily injury claim. You can often resolve the property damage claim more quickly while your injury claim continues. Our team can assist with both aspects of your case to ensure you are fully compensated for every loss resulting from the accident.

Truck accident cases are significantly more complex due to federal regulations (FMCSA rules), multiple potentially liable parties (driver, trucking company, cargo loader, manufacturer), higher insurance policy limits, and the catastrophic nature of injuries. Trucking companies often dispatch rapid response teams to accident scenes to protect their interests. Having an experienced truck accident attorney who understands these complexities is essential to protecting your claim.

Multiple parties may share liability in a truck accident, including the truck driver, the trucking company (under respondeat superior or for negligent hiring), the cargo loading company (if improper loading caused the accident), the truck or parts manufacturer (if a mechanical defect was involved), and maintenance providers. Our attorneys conduct thorough investigations to identify all liable parties and maximize the sources of recovery available to you.

The Federal Motor Carrier Safety Administration (FMCSA) sets extensive regulations covering hours of service (limiting driving to 11 hours within a 14-hour window after 10 consecutive hours off), mandatory drug and alcohol testing, vehicle maintenance and inspection schedules, driver qualification standards, and cargo securement rules. Violations of these regulations are powerful evidence of negligence in a truck accident case.

Most commercial trucks are equipped with an Electronic Control Module (ECM), commonly called a black box, which records critical data such as speed, braking patterns, engine RPM, and hours of operation. This data can provide irrefutable evidence about what happened in the moments before a crash. Because trucking companies may overwrite or destroy this data, it is vital to hire an attorney who can send a spoliation letter to preserve this evidence immediately after the accident.

Truck accident claims typically involve significantly higher compensation than standard car accident cases due to the severity of injuries and the higher insurance policy limits carried by commercial carriers (often $1 million or more). Compensation may include medical expenses, lost wages, diminished earning capacity, pain and suffering, and in some cases punitive damages. Settlements and verdicts in serious truck accident cases frequently reach six or seven figures.

Seek immediate medical attention and call law enforcement to the scene. If possible, photograph the truck (including the company name, DOT number, and license plate), the accident scene, and your injuries. Do not speak with representatives from the trucking company or their insurance carrier without an attorney present. Contact a truck accident lawyer immediately, as trucking companies begin building their defense within hours of a crash.

Yes. Driver fatigue is one of the leading causes of truck accidents. FMCSA hours-of-service regulations exist specifically to prevent fatigued driving. If the truck driver or their employer violated these rules — or if the driver's electronic logging device (ELD) shows excessive driving hours — this constitutes strong evidence of negligence. The trucking company can also be held liable if they pressured the driver to exceed legal driving limits.

If a mechanical failure such as defective brakes, tires, steering, or coupling devices caused or contributed to the accident, you may have a product liability claim against the manufacturer, distributor, or maintenance provider in addition to claims against the driver and trucking company. NC, SC, and GA all recognize product liability claims for defective products. Our attorneys work with accident reconstruction experts and mechanical engineers to identify all contributing causes of the crash.

Medical malpractice occurs when a healthcare provider — such as a doctor, nurse, surgeon, or hospital — fails to provide treatment that meets the accepted standard of care, and that failure directly causes injury to the patient. The standard of care is defined as the level of treatment a reasonably competent healthcare provider in the same specialty would provide under similar circumstances. Not every bad outcome constitutes malpractice; there must be a demonstrable deviation from accepted medical practice.

In North Carolina, you must file a medical malpractice lawsuit within 3 years of the negligent act or 1 year from when you discovered (or should have discovered) the injury, whichever is later, but no more than 4 years from the act (N.C. Gen. Stat. § 1-15(c)). In South Carolina, the deadline is 3 years from the date of the act or from discovery, with a 6-year outer limit. In Georgia, the statute of limitations is generally 2 years from the date of injury, with a maximum 5-year statute of repose (O.C.G.A. § 9-3-71).

Yes. All three states require expert testimony to establish the standard of care and prove that the healthcare provider deviated from it. In North Carolina, you must also obtain a Rule 9(j) certification — a statement from a qualified expert confirming that the case has merit — before you can even file the lawsuit. Our firm works with a network of medical experts across numerous specialties to build strong, credible cases.

Common forms of medical malpractice include misdiagnosis or delayed diagnosis, surgical errors (wrong site, retained instruments), medication errors, birth injuries caused by negligent obstetric care, anesthesia mistakes, failure to order appropriate tests, failure to obtain informed consent, and hospital-acquired infections resulting from inadequate sanitation. Any departure from the accepted standard of care that causes harm may give rise to a valid claim.

North Carolina caps non-economic damages (pain and suffering) in medical malpractice cases at $562,400 as of 2024, with annual adjustments for inflation (N.C. Gen. Stat. § 90-21.19). South Carolina does not impose caps on compensatory damages in medical malpractice cases. Georgia previously had a cap on non-economic damages, but the Georgia Supreme Court struck it down as unconstitutional in 2010. There is no cap on economic damages in any of these states.

Yes. Hospitals can be held liable for malpractice under several theories, including respondeat superior (for negligent acts of their employees), corporate negligence (for failures in hiring, credentialing, supervision, or maintaining safe conditions), and apparent agency (when a patient reasonably believes an independent contractor physician is a hospital employee). Hospital malpractice cases often involve systemic issues that affect many patients.

Recoverable damages include economic damages such as past and future medical expenses, lost wages, lost earning capacity, and rehabilitation costs. Non-economic damages cover pain and suffering, emotional distress, loss of consortium, and diminished quality of life. In cases involving willful or wanton conduct, punitive damages may also be awarded. The value of your case depends on the severity of the injury and its long-term impact on your life.

Informed consent requires healthcare providers to explain the risks, benefits, and alternatives of a proposed treatment or procedure so the patient can make an educated decision. If a provider performs a procedure without adequately informing you of the risks, and you suffer an injury that you would not have agreed to risk, you may have a malpractice claim based on lack of informed consent. All three states recognize this as a valid basis for a medical malpractice lawsuit.

Medical malpractice cases are among the most complex personal injury claims and often take 2 to 4 years or longer to resolve. The timeline includes pre-suit investigation, expert review, mandatory mediation or arbitration in some jurisdictions, extensive discovery, and potentially a trial. North Carolina's Rule 9(j) certification requirement adds time at the outset. While we work to resolve cases efficiently, we never rush a case at the expense of your recovery.

Yes. If a loved one died as a result of medical malpractice, the personal representative of the estate can file a wrongful death lawsuit against the responsible healthcare providers. These claims can recover funeral and burial expenses, medical bills incurred before death, lost financial support, loss of companionship, and pain and suffering the deceased experienced prior to death. The filing deadlines for wrongful death claims differ from standard malpractice timelines, so prompt legal consultation is essential.

Workers' compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill as a result of their job. In exchange for guaranteed benefits — regardless of who was at fault — employees generally give up the right to sue their employer for negligence. NC, SC, and GA all require most employers to carry workers' compensation insurance, with some exceptions for very small employers.

Workers' compensation benefits typically include medical treatment for your work-related injury or illness (paid in full), temporary disability benefits (a portion of your lost wages while you recover), permanent disability benefits if you suffer lasting impairment, and vocational rehabilitation if you cannot return to your prior job. In fatal workplace accidents, dependents may receive death benefits including funeral expenses and ongoing wage replacement.

Yes, and promptly. In North Carolina, you must provide written notice to your employer within 30 days of the injury. In South Carolina, notice must be given within 90 days. In Georgia, you must report your injury within 30 days. Failure to report within these deadlines can jeopardize your claim. Report the injury in writing, keep a copy for your records, and seek medical attention immediately.

This depends on the state. In North Carolina, the employer or its insurance carrier generally has the right to direct your medical treatment, though you can request a change of physician through the Industrial Commission. In South Carolina, the employer selects the treating physician, but you may request authorization to see a different doctor. In Georgia, you must choose a physician from your employer's approved panel of physicians, which must include at least six doctors.

All three states have laws that prohibit retaliation against employees for filing workers' compensation claims. If your employer fires, demotes, or otherwise punishes you for exercising your rights, you may have a separate retaliatory discharge claim. However, workers' compensation does not guarantee your job will be held indefinitely while you recover. If you believe you have been retaliated against, contact our attorneys immediately to protect your rights.

If your claim is denied, do not give up. You have the right to appeal the denial. In North Carolina, disputes are heard by the Industrial Commission. In South Carolina, claims go before the Workers' Compensation Commission. In Georgia, the State Board of Workers' Compensation handles disputes. An experienced workers' compensation attorney can help you gather additional evidence, prepare for hearings, and fight for the benefits you are owed.

While you generally cannot sue your employer directly (the workers' comp system is an exclusive remedy), you may have a third-party claim against other negligent parties. For example, if a defective piece of equipment caused your injury, you can pursue a product liability claim against the manufacturer. If a negligent driver injured you while you were working, you can sue that driver. These third-party claims can provide additional compensation beyond workers' comp benefits.

Temporary total disability benefits in all three states generally pay two-thirds (66.67%) of your average weekly wage, subject to a maximum weekly rate set by each state. The maximum rates are adjusted annually. These benefits are not subject to income tax, so the actual take-home amount is often closer to your normal paycheck than the two-thirds figure suggests. Your attorney can calculate the exact benefits you should be receiving.

Workers' compensation is a no-fault system, which means you are generally entitled to benefits even if your own negligence contributed to the injury. There are limited exceptions, such as injuries caused by intoxication, willful intent to injure yourself, or engaging in horseplay. As long as the injury arose out of and in the course of your employment, your claim should be covered regardless of fault.

A workers' compensation settlement is an agreement to resolve your claim for a lump sum payment, often called a clincher agreement in North Carolina or a stipulated settlement in other states. Before accepting any settlement, you should consult an attorney to ensure it adequately covers your future medical needs, lost wages, and permanent disability. Once you accept a settlement, you typically cannot reopen your claim, even if your condition worsens.

A wrongful death claim is a civil lawsuit brought when someone dies as a result of another party's negligence, recklessness, or intentional conduct. It allows the surviving family members or the estate to seek compensation for the losses caused by the death. Wrongful death claims can arise from car accidents, medical malpractice, workplace injuries, defective products, criminal acts, and many other circumstances.

In North Carolina, only the personal representative of the deceased's estate (named in the will or appointed by the court) may file a wrongful death action (N.C. Gen. Stat. § 28A-18-2). In South Carolina, the personal representative files on behalf of statutory beneficiaries. In Georgia, the surviving spouse has first priority to file, followed by children, and then the estate's administrator (O.C.G.A. § 51-4-2). Our attorneys can help determine who has standing to bring the claim.

In North Carolina, a wrongful death lawsuit must be filed within 2 years of the date of death (N.C. Gen. Stat. § 1-53(4)). In South Carolina, the deadline is 3 years from the date of death (S.C. Code § 15-3-530). In Georgia, the statute of limitations is 2 years from the date of death (O.C.G.A. § 9-3-33). Missing these deadlines will permanently bar your claim, making it critical to consult with an attorney promptly.

Damages in wrongful death cases may include medical expenses incurred before death, funeral and burial costs, lost income and benefits the deceased would have earned, loss of companionship and consortium, loss of parental guidance and nurturing for minor children, and pain and suffering endured by the deceased before death. In North Carolina, punitive damages are available if the death was caused by willful or malicious conduct. Each state has its own rules governing how damages are calculated and distributed.

Yes. A wrongful death lawsuit is a civil action that is separate and independent from any criminal prosecution. The civil case has a lower burden of proof — preponderance of the evidence versus beyond a reasonable doubt. This means you can prevail in a wrongful death lawsuit even if the responsible party is acquitted in criminal court. The two proceedings can run simultaneously, though sometimes the civil case is strategically delayed until the criminal matter concludes.

Distribution rules vary by state. In North Carolina, damages are distributed according to the Intestate Succession Act if there is no will. In South Carolina, the court distributes damages to statutory beneficiaries in a fair and equitable manner. In Georgia, the surviving spouse and children are the primary beneficiaries, with the full value of the life of the deceased being the measure of damages. Our attorneys can explain how the specific laws in your state affect your family's recovery.

A survival action is a claim brought by the estate for injuries and damages the deceased suffered between the time of injury and the time of death — such as pain, suffering, medical bills, and lost wages during that period. A wrongful death claim covers the losses suffered by the surviving family members as a result of the death itself. In many cases, both a survival action and a wrongful death claim are filed together to maximize the total recovery for the family.

Wrongful death cases are among the most complex personal injury claims and typically take 1 to 4 years to resolve, depending on the circumstances. Factors affecting the timeline include the complexity of liability issues, the number of defendants, the need for expert testimony, and whether the case settles or goes to trial. While our attorneys work to resolve cases as efficiently as possible, we prioritize obtaining maximum compensation for your family over a quick but inadequate settlement.

Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. This includes slip and fall accidents, trip hazards, inadequate lighting, defective stairs or railings, and other dangerous conditions. To succeed in a premises liability claim, you must generally prove that the property owner knew or should have known about the hazard and failed to correct it or warn visitors.

You must prove four elements: (1) the property owner owed you a duty of care, (2) a dangerous condition existed on the property, (3) the owner knew or should have known about the condition and failed to address it, and (4) the dangerous condition directly caused your injuries. Evidence such as surveillance footage, maintenance logs, incident reports, and witness testimony is crucial in establishing these elements.

Yes. Your legal status on the property affects the duty of care owed to you. An invitee (customer in a store, for example) is owed the highest duty — the owner must inspect for and correct hazards. A licensee (social guest) is owed a duty to warn of known hazards. A trespasser is owed the least duty, though there are exceptions for children under the attractive nuisance doctrine. NC, SC, and GA all recognize these distinctions in premises liability law.

Yes. Businesses owe their customers a duty to maintain reasonably safe premises. If you were injured due to a wet floor without warning signs, a spill that was not cleaned up in a reasonable time, cluttered aisles, uneven flooring, or poor lighting, the business may be liable for your injuries. Large retailers and grocery stores have frequent slip and fall incidents, and our attorneys know how to obtain the surveillance footage and incident reports needed to prove your case.

Report the incident to the property owner or manager immediately and request that an incident report be filed. Take photographs of the hazard that caused your fall, your injuries, and the surrounding area. Get contact information from any witnesses. Seek medical attention right away, even if your injuries seem minor. Keep all medical records and receipts. Do not sign any documents or give recorded statements to the property owner's insurance company without consulting an attorney first.

Slip and fall claims are subject to the general personal injury statute of limitations. In North Carolina, you have 3 years from the date of the accident. In South Carolina, the deadline is 3 years. In Georgia, you have 2 years. If the fall occurred on government property, shorter notice requirements may apply — often as little as 30 days to file a notice of claim with the government entity. Contact an attorney promptly to protect your rights.

The absence of a warning sign is strong evidence that the property owner failed to meet their duty of care. Property owners are required to either promptly clean up spills or place visible warning signs to alert visitors of the hazard. If the property owner knew about the wet floor (or if it had existed long enough that they should have known) and failed to post a sign, they can be held liable for your injuries. Surveillance footage showing the timeline of the spill can be critical evidence.

This depends on the state. In North Carolina, the strict contributory negligence rule means that if you are found even slightly at fault — for example, if you were distracted by your phone — you may be barred from recovering any compensation. In South Carolina and Georgia, which follow comparative fault rules, your compensation would be reduced by your percentage of fault, but you can still recover as long as you are less than 50% responsible. An attorney can help protect you against unfair fault arguments.

No, not without consulting an attorney first. Insurance adjusters are trained to ask questions designed to elicit responses that can be used to minimize or deny your claim. Anything you say in a recorded statement can be taken out of context or used against you. You are not legally required to provide a recorded statement to the at-fault party's insurance company. Our attorneys can handle all communications with insurers to protect your interests.

Insurance companies deny claims for many reasons, including alleged lack of coverage, disputes over liability, claims that your injuries are pre-existing, missed deadlines, or insufficient documentation. Many denials are not justified and can be successfully challenged. An experienced attorney can review the denial letter, identify the insurer's stated grounds, and develop a strategy to overturn the denial through negotiation, appeal, or litigation.

Bad faith occurs when an insurance company unreasonably denies, delays, or undervalues a valid claim. Examples include refusing to investigate a claim, making unreasonably low settlement offers, misrepresenting policy provisions, or failing to communicate with the claimant. All three states — NC, SC, and GA — provide legal remedies for bad faith insurance practices. In some cases, you may be entitled to additional damages beyond your original claim, including punitive damages and attorney's fees.

An independent medical examination is a medical evaluation requested and paid for by the insurance company. Despite the name, these examinations are not truly independent — the doctors are chosen and compensated by the insurer and frequently minimize or dispute the claimant's injuries. If you are asked to attend an IME, consult with your attorney first. You may have the right to record the examination, bring a witness, or request a copy of the report.

Insurance companies use various methods to value claims, including computer algorithms like Colossus that factor in medical bills, diagnosis codes, treatment duration, and injury severity. They also consider lost wages, policy limits, and the strength of liability evidence. Insurers routinely undervalue pain and suffering and non-economic damages. An attorney who understands these valuation methods can counter lowball offers with evidence-based demand packages that reflect the true value of your claim.

Uninsured/underinsured motorist (UM/UIM) coverage protects you when you are injured by a driver who has no insurance or insufficient insurance to cover your damages. In North Carolina, UM/UIM coverage is mandatory and must be included in your policy unless you specifically reject it in writing. South Carolina and Georgia also require insurers to offer this coverage. Given the high number of uninsured drivers on the road, maintaining robust UM/UIM coverage is strongly recommended.

While you have the right to negotiate directly, doing so puts you at a significant disadvantage. Insurance adjusters negotiate claims for a living and are skilled at minimizing payouts. They may pressure you to accept a quick, lowball settlement before you understand the full extent of your injuries. Studies show that claimants represented by attorneys recover on average 3.5 times more than those who negotiate on their own, even after legal fees are deducted.

Insurance companies sometimes use delay tactics — requesting unnecessary documentation, failing to return calls, or repeatedly reassigning your file — hoping you will give up or accept a lower settlement out of frustration. If your claim is being unreasonably delayed, an attorney can send a formal demand, file a complaint with the state Department of Insurance, or initiate a lawsuit to force the insurer to act. NC, SC, and GA all have Unfair Claims Settlement Practices statutes that prohibit unreasonable delays.

No. The at-fault driver's liability insurance typically does not pay your medical bills in real time. Instead, medical bills are addressed as part of the overall settlement or verdict at the conclusion of your case. In the meantime, your medical expenses can be covered through your health insurance, MedPay coverage, or personal injury protection (PIP) if available in your state. Our team can help coordinate your medical care and billing to minimize your out-of-pocket costs during the process.

If the at-fault party's insurance is insufficient to cover your damages, several options may be available. You can file a claim under your own underinsured motorist (UIM) coverage. You can also pursue a personal lawsuit against the at-fault driver for the remaining amount, though collecting may be difficult if they lack assets. In some cases, other liable parties with additional insurance may be identified. Our attorneys explore every possible avenue to ensure you receive full and fair compensation.

Your case value is determined by evaluating multiple factors: medical expenses (past and future), lost wages and lost earning capacity, the severity and permanence of your injuries, pain and suffering, emotional distress, and the impact on your daily life. The strength of the liability evidence and available insurance coverage also play a role. Our attorneys analyze all of these factors to build a comprehensive demand that reflects the full value of your claim.

After a settlement agreement is reached, it typically takes 4 to 6 weeks to receive your check. This time is needed to draft and execute the settlement documents, for the insurance company to issue the payment, and for your attorney to resolve any outstanding medical liens or subrogation claims against the settlement. Our team works diligently to expedite this process while ensuring all obligations are properly handled.

In general, compensation received for physical injuries or physical sickness is not taxable under federal law (IRC § 104(a)(2)). This includes payments for medical expenses, pain and suffering, and lost wages related to a physical injury. However, punitive damages are always taxable, and interest on any portion of the settlement may be taxable. If you previously deducted medical expenses on your tax return, that portion may also be taxable. We recommend consulting with a tax professional for your specific situation.

A structured settlement pays your compensation over time through a series of periodic payments rather than in a single lump sum. This can provide long-term financial security, especially for catastrophic injuries requiring ongoing care. Structured settlements offer tax advantages — the investment gains on the annuity are also tax-free. Our attorneys can advise you on whether a structured settlement, a lump sum, or a combination of both is the best option for your situation.

A medical lien is a legal claim by a healthcare provider, health insurer, or government program (like Medicare or Medicaid) against your personal injury settlement for medical bills they paid on your behalf. These liens must be satisfied out of your settlement before you receive your share. Our attorneys negotiate to reduce lien amounts whenever possible, which directly increases the money you take home from your settlement.

Personal injury attorneys typically work on a contingency fee basis, meaning their fee is a percentage of your recovery. The standard contingency fee ranges from 33.33% to 40%, depending on the stage at which the case resolves (pre-litigation settlements are typically at the lower end, while cases that go to trial may be at the higher end). All fee arrangements are disclosed in writing upfront, and you owe nothing if we do not recover compensation for you.

Yes. You always have the right to reject a settlement offer and take your case to trial. The decision is ultimately yours. Your attorney will advise you on the strength of any offer relative to the risks and potential rewards of going to trial. While trials can result in higher awards, they also carry risks, including the possibility of receiving less or nothing. Our attorneys prepare every case as if it is going to trial, which strengthens our negotiating position throughout the process.

Generally, personal injury settlements are not subject to garnishment by most creditors. However, there are exceptions. Government entities can place liens for Medicare, Medicaid, or VA benefits they paid. Child support arrearages may be collectible from a settlement depending on state law. If you deposit settlement funds into a bank account, they may lose their protected status over time. An attorney can advise you on how to protect your settlement from potential claims.

There is no meaningful "average" because every case is unique. Settlement amounts range from a few thousand dollars for minor soft tissue injuries to millions of dollars for catastrophic injuries like traumatic brain injury, spinal cord damage, or wrongful death. Factors that drive higher settlements include severe or permanent injuries, clear liability, high medical bills, strong documentation, and experienced legal representation. Our attorneys focus on maximizing the specific value of your case.

No. You are never required to accept a settlement offer. If the insurance company refuses to offer fair compensation, you have the right to file a lawsuit and take the case to trial, where a judge or jury will determine the appropriate amount. Insurance companies know this, and having an attorney with a strong trial record often leads to significantly better settlement offers. We never recommend accepting a settlement that does not adequately compensate you for your injuries and losses.

A personal injury lawsuit typically proceeds through several stages: investigation and case evaluation, filing the complaint and serving the defendant, the discovery phase (exchanging evidence, depositions, interrogatories), pre-trial motions, mediation or settlement negotiations, and if necessary, trial. Many cases resolve during the settlement negotiation or mediation stage. Our attorneys guide you through each step and keep you informed of your case's progress throughout the process.

Discovery is the pre-trial phase where both sides exchange information and evidence relevant to the case. It includes interrogatories (written questions that must be answered under oath), requests for production (demanding documents like medical records and insurance policies), depositions (sworn testimony given outside of court), and requests for admissions. Discovery allows both sides to evaluate the strength of the case and often leads to settlement discussions.

A deposition is sworn testimony given outside of court, where an attorney asks you questions and your answers are recorded by a court reporter. If you file a personal injury lawsuit, you will likely be required to give a deposition. The opposing attorney will ask about the accident, your injuries, medical history, and how the injury has affected your life. Our attorneys thoroughly prepare you in advance so you know what to expect and how to provide clear, honest, and effective testimony.

Mediation is a structured negotiation process where a neutral third-party mediator helps both sides work toward a settlement. In North Carolina, mediation is mandatory in most superior court civil cases before the case can proceed to trial. South Carolina and Georgia may also require or encourage mediation. Mediation is often effective — a significant percentage of cases settle during this process. Any settlement reached must be agreed upon by both parties; the mediator does not impose a decision.

A personal injury trial begins with jury selection (voir dire), followed by opening statements from both sides. The plaintiff presents evidence first — including witness testimony, medical records, and expert opinions — followed by the defense. Both sides may cross-examine witnesses. After closing arguments, the jury deliberates and returns a verdict, determining both liability and the amount of damages. Trials can last anywhere from a few days to several weeks depending on the complexity of the case.

A demand letter is a formal written document sent to the at-fault party's insurance company outlining the facts of your case, the evidence of liability, a summary of your injuries and treatment, and a specific monetary demand for compensation. It is typically sent once you have reached maximum medical improvement (MMI) — the point at which your condition has stabilized. The demand letter is a critical document that initiates formal settlement negotiations and sets the tone for the entire negotiation process.

The strength of your case for trial depends on several factors: clarity of liability (is it clear who was at fault?), the severity of your injuries and quality of medical documentation, the credibility of witnesses, the availability of expert testimony, and the likely jury pool in the jurisdiction. Our attorneys provide an honest, data-driven assessment of your case's trial potential and advise you on the risks and benefits of proceeding to trial versus accepting a settlement offer.

Court costs and litigation expenses include filing fees, deposition costs, expert witness fees, medical record retrieval fees, copying costs, and other expenses incurred during the legal process. At Dr. Ted Injury Law, we advance all litigation expenses on your behalf, and these costs are reimbursed from the settlement or verdict. If we do not recover compensation for you, you owe nothing for these expenses. All costs are transparently documented and reviewed with you before disbursement.