Category: Personal Injury

What’s the Statute of Limitations on a Personal Injury Case?

Personal Injury

What’s the Statute of Limitations on a Personal Injury Case?

When you’re focusing on recovering from an injury, the last thing you want to think about is having to deal with a legal battle to get the settlement you deserve. However, waiting can put you at risk of not receiving anything for your case. That’s why it’s always best to act as quickly as possible.

The actual statute of limitations on a personal injury case is 3 years. This means that from the date of your injury, you have 3 years to file a personal injury claim — but it’s always a good idea to get started as soon as you can.

 

For one thing, you don’t want to let time slip away from you. If you keep putting off filing your claim, you could miss your window, in which case the at-fault party would not be held responsible, and you would get nothing from them.

 

Another reason to make your claim early is that your case is still fresh in the minds of doctors, physicians, and other experts you will need to support your case. For instance, if your doctor is asked to testify, they’re much more likely to remember the details of your case if it happened a few months ago rather than if it happened a few years ago. Your doctor’s testimony is going to be more credible if it is more recent.

 

We understand that it can be incredibly overwhelming to deal with both recovery and your personal injury case. That’s why we recommend working with an attorney from day one. We’ll be with you every step of the way to make sure that everything is taken care of.

 

The statute of limitations on a personal injury case is only 3 years. Make sure that you speak with an experienced attorney about getting what you deserve before time runs out.

Can My Third Party Personal Injury Case Affect My Workers’ Comp Claim?

Can My Third Party Personal Injury Case Affect My Workers’ Comp Claim?

You may think that a personal injury case and a workers’ comp claim wouldn’t affect each other. After all, they are completely different areas of the law, right? Well, that’s not always the case. While you may believe the cases are unrelated, they may have more effect on one another than you might think. For instance, in the Easter-Rozzelle case in Charlotte, NC, one man’s personal injury claim totally changed the outcome of his workman’s comp case.

Initially, the worker filed for workers’ compensation after injuring his shoulder while removing a manhole cover for work. He was put on work restrictions for about a week until he recovered. However, by the time his work restrictions were up, he had still not recovered. His employer instructed him to visit his doctor and have his restrictions reevaluated.

It is not uncommon for injuries to not improve by the time you are supposed to return to work. However, on the way to the doctor, the worker got into a car accident. During the accident, he sustained a traumatic injury. In order to deal with this case, the man hired a new attorney to deal with his personal injury case regarding the car accident. This case was settled and he dispersed his settlements without taking into account his workers’ comp lien or informing the Industrial Commission.

When it came time to settle his workers’ comp claim, he tried to have workers’ compensation take into account his injuries from his car accident. Under normal circumstances, this would be a possibility; however, once it came out that he had already settled the claim without letting the insurers or his employer be involved in the process, he lost his claim to the workers’ compensation benefits.

Regardless of whether the cases seem related or not, it’s important to tell your attorney about any and all of the cases that you’re involved in. Your attorney will know which cases might affect the other and which cases might benefit from involving one case with the other.

If you’re dealing with more than one case, be sure your attorney or attorneys know about them. If you’re unsure about how your case might affect your workers’ comp claim, don’t hesitate to contact Oxner + Permar for a free consultation.

¿Sabias que…

¿Sabias que…

 

…su caso de lesiones personales, puede tener un efecto con  relación a su caso de compensación al trabajador?

Esta situación surge, cuando usted fue lesionado por una tercera parte en el transcurso de su empleo y tiene un caso de compensación al trabajador en contra de su empleador. Según el caso Easter-Rozelle vs. City of Charlotte (2015) si usted empieza una querella en contra de la tercera parte que le lastimó, y también empieza una querella en contra de su empleador, usted tiene la obligación de avisar a su empleador, si entra en un acuerdo legal con la tercera parte.

Si usted no avisa a su empleador cuando llega a un acuerdo legal con la tercera parte, usted no podrá seguir adelante con su caso contra su empleador.  Esta regla aplica hasta en situaciones en que la cantidad de dinero que consiguió en su acuerdo con la tercera parte, no es suficiente para cubrir los gastos asociados con su lesión laboral.

Es por esto que usted debe de contactar abogados con experiencia cuando se lesiona en el trabajo.  Aquí en Oxner + Permar, tenemos abogados con años de experiencia en casos de compensación al  trabajador que pueden asistirle en español. ¡Llámenos!

What Exactly is Med Pay?

Personal Injury

What Exactly is Med Pay?

When it comes to insurance med pay is a term that gets thrown around a lot, but I’ve found that a lot of people aren’t really sure what it is. Med pay refers to medical payments coverage, and it’s generally bought alongside car insurance. It’s a very catch-all kind of insurance that covers a wide range of injuries that you could get if you were to be involved in a car accident.

When you purchase med pay, the insurance company agrees to pay reasonable expenses for the necessary medical treatment you receive as the result of your accident. This basically means that they’re going to cover your accident-related injuries as long as you don’t send them an unreasonably high bill. They’ll look at the cost of similar procedures in the area where you received treatment to determine whether or not the cost of your procedures is unusually high.

As with many other kinds of insurance, there is a limit to how late you can make your claim. In the case of med pay, you have three years from the date of your accident to make your claim. Med pay can also cover more than one family member, and it doesn’t matter whether they’re driving, a passenger, or a pedestrian who’s been struck by a vehicle.


If you’re wondering how much med pay insurance costs, the answer varies on how much coverage you want. Some plans can be as cheap as $500 while others could be a $1 million, if you wanted to spend that money.

If you’ve been injured in an accident, don’t go it alone. Work with an experienced attorney who has the experience to protect your rights. Give Oxner + Permar a call for a free consultation.

Is My Landlord Responsible for Carbon Monoxide Poisoning?

Is My Landlord Responsible for Carbon Monoxide Poisoning?

Generally, landlords are responsible for making sure that their tenants’ homes are well maintained and up to safety regulations. So if your landlord failed to meet these standards, and you were injured as a result, he or she may be accountable. The problem is, with something like carbon monoxide poisoning, there can be some grey area about who’s responsible.

If your exposure was caused by something like a broken furnace, pipe, or anything else a landlord is responsible for fixing or maintaining, the landlord is likely to be held accountable — especially if you notified them that there was a problem. If they refuse to fix a problem that you pointed out to them, and you end up getting hurt as a result, they will almost certainly be held accountable.

Things can start getting tricky when the carbon monoxide exposure happens because of an appliance or device that was not broken when you moved in. For example, let’s say you have a gas stove that was properly inspected right before you moved in. Everything was fine with the stove, but a few months later you accidentally damage the stove which causes it to begin leaking carbon monoxide. In this case, your landlord probably won’t be considered responsible.

The same is true if your stove was leaking due to a manufacturing problem. In this instance, you might have a case against the manufacturer instead.

North Carolina law requires that homes have carbon monoxide detectors. If your landlord did not install a carbon monoxide detector and you suffered carbon monoxide exposure, your landlord could be liable.

If you’ve suffered from carbon monoxide exposure, be sure to contact an experienced attorney to help handle your case. At Oxner + Permar, we offer a free consultation. We’ll help evaluate your case and decide your next steps.

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