Category: Personal Injury

North Carolina’s personal injury laws stand out among other states due to its contributory negligence rule, a legal principle that can significantly affect the outcome of personal injury claims. Under this rule, an injured party may be barred from recovering any compensation if they are found even slightly at fault for the accident.

This blog serves as a comprehensive guide for North Carolina residents navigating personal injury claims under the contributory negligence rule. Understanding how this rule works, its potential challenges, and how a skilled personal injury lawyer can help is essential for protecting your rights and pursuing compensation.

What Is Contributory Negligence?

Contributory negligence is a legal doctrine that holds that if an injured party contributes to their own injury in any way—even as little as 1%—they may be prohibited from recovering compensation in a personal injury claim. North Carolina is one of only a few states that still follow this rule, making it critical for residents to understand its implications.

Example:

Imagine a pedestrian in Charlotte jaywalking across a busy street when they are hit by a speeding driver. Even if the driver was 99% at fault for speeding, the pedestrian’s act of jaywalking could prevent them from recovering any compensation due to contributory negligence.

How Does Contributory Negligence Differ From Comparative Negligence?

Most states follow a comparative negligence rule, which allows injured parties to recover damages even if they are partially at fault for the accident, with their compensation reduced by their percentage of fault.

In contrast, North Carolina’s contributory negligence rule imposes a much stricter standard, barring recovery entirely if the injured party is found even slightly negligent.

This distinction often surprises injured individuals who assume they can recover some compensation despite minor mistakes. It also highlights why hiring an experienced personal injury lawyer is crucial in North Carolina.

Exceptions to the Contributory Negligence Rule

While North Carolina’s contributory negligence rule is strict, there are exceptions that may allow injured parties to recover compensation:

• Gross Negligence or Willful Misconduct: If the at-fault party’s actions were intentional, reckless, or egregiously negligent, the injured party may still be able to recover damages.
• The Last Clear Chance Doctrine: This exception applies if the at-fault party had the final opportunity to avoid the accident but failed to do so.

Example:

A bicyclist in Raleigh fails to signal before turning but is struck by a speeding driver who had ample time to slow down and avoid the collision. The court may apply the last clear chance doctrine, allowing the bicyclist to recover compensation.

Understanding these exceptions requires a detailed analysis of the case, which is why consulting a personal injury lawyer is essential.

Proving Negligence in a Personal Injury Claim

To succeed in a personal injury case under North Carolina’s contributory negligence rule, you must establish that the other party was entirely at fault. This involves proving four key elements:

• Duty of Care: The at-fault party had a legal obligation to act reasonably to prevent harm.
• Breach of Duty: The at-fault party failed to meet this obligation through negligence or misconduct.
• Causation: The breach directly caused your injuries.
• Damages: You suffered measurable harm, such as medical expenses, lost income, or pain and suffering.

Example:

A Greensboro resident is severely injured in a car accident caused by a speeding driver who ran a red light. To succeed in their personal injury claim, they must prove the driver breached their duty of care by violating traffic laws, that this reckless behavior directly caused the collision, and that the accident resulted in serious injuries requiring extensive medical treatment and time away from work.

Challenges of the Contributory Negligence Rule

North Carolina’s contributory negligence rule often leads to disputes over fault, as insurance companies and defense attorneys attempt to attribute some level of responsibility to the injured party.

Common Challenges Include:

• Disputed Evidence: Insurers may argue that the injured party failed to follow safety guidelines or contributed to the accident.
• Incomplete Documentation: Without thorough evidence, such as medical records or accident reports, proving the other party’s fault can be difficult.
• Complex Legal Standards: Understanding how contributory negligence applies to your specific case requires legal knowledge and experience.

For instance, in a car accident claim, an insurer may allege that a plaintiff was distracted by their phone, even if they were otherwise driving safely. Such claims can derail compensation efforts without strong evidence and skilled legal representation.

How a Personal Injury Lawyer Can Help

Given the strict nature of North Carolina’s contributory negligence rule, hiring a personal injury lawyer is critical. An experienced attorney can:

• Gather Evidence: Collecting accident reports, medical records, witness statements, and surveillance footage to prove the other party’s fault.
• Anticipate Defenses: Identifying and countering attempts by insurance companies to shift blame onto the injured party.
• Advocate for Exceptions: Demonstrating how exceptions, such as the last clear chance doctrine, apply to your case.
• Navigate the Legal Process: Ensuring all deadlines and procedural requirements are met to avoid jeopardizing your claim.

Filing a Personal Injury Claim in North Carolina

Filing a personal injury claim in North Carolina involves several steps, including:

• Reporting the Incident: Notify the relevant parties, such as law enforcement (for motor vehicle accidents) or the property owner (for premises liability cases).
• Seeking Medical Attention: Obtain immediate treatment and keep detailed records of your injuries and recovery process.
• Documenting Evidence: Collect photos, videos, and witness statements to support your claim.
• Consulting a Lawyer: Work with an attorney to build a strong case and avoid common pitfalls related to contributory negligence.
• Important Deadlines: North Carolina imposes a three-year statute of limitations for personal injury claims, meaning you must file your lawsuit within three years of the injury date. Missing this deadline could result in losing your right to compensation.

Potential Changes to North Carolina’s Contributory Negligence Rule in 2025

As of 2024, there is ongoing discussion among legal professionals about the fairness of the contributory negligence rule, with some advocating for a shift toward comparative negligence to align with the majority of states. While no formal changes are currently scheduled for 2025, staying informed about potential legislative updates is important. Consulting with a personal injury lawyer ensures your case reflects the latest legal standards.

Injured in an Accident in North Carolina? Call the Experienced Personal Injury Lawyers at Schehr Law to File a Claim

Navigating a personal injury claim under North Carolina’s contributory negligence rule can be daunting, especially for first-time claimants. At Schehr Law, we are committed to guiding clients through this complex process with compassion and experience.

Serving clients in Charlotte, Greensboro, and Raleigh, we are here to fight for your rights every step of the way. Call us today at 704-900-0336 for a free consultation and take the first step toward recovery.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.

If you have been injured in an accident, you are likely wondering about the amount of compensation you can receive from a personal injury claim or lawsuit. Understanding compensation in personal injury cases can be complex. The amount of compensation received in a personal injury case varies based on the unique circumstances of your case; however there are certain general facts about personal injury compensation that are important to know. To learn more about personal injury compensation and how to best move forward with your case, contact a personal injury lawyer today.

What Is Compensation in Personal Injury Cases?

Compensation, often referred to as damages, in personal injury cases, is money awarded to someone who has suffered harm due to another’s negligence or intentional act. This compensation is designed to cover various losses and damages incurred by the injured party.

How Is Compensation Calculated?

The calculation of compensation varies depending on the specifics of each case. Compensation typically includes coverage for medical expenses, lost wages, pain and suffering, property damage, and other losses specific to your accident and injuries.

Compensation for medical expenses cover current and future medical bills related to your injury, as well as fees for expenses such as rehabilitation and therapy. Lost wages covers income lost due to inability to work. This can include future income if the injury includes a long-term disability. Pain and suffering compensates you for the anguish you have undergone as a result of the accident, and property damage covers necessary repairs or replacements to property involved in the accident, such as a damaged car in a car accident. Each element is evaluated based on the severity of the injury, the impact on the individual’s life, and the circumstances of the incident.

What Factors Affect the Amount of Compensation?

Several factors can influence the amount of compensation in a personal injury case, one of these being the severity and details of your injuries. More severe injuries typically result in higher compensation due to increased medical costs and potential long-term impacts. Other factors that can influence the amount of compensation in a personal injury case are the defendant’s insurance policy limits, how clear the proof of fault is, and any potential fault on behalf of the injured party.

How Can a Lawyer Help Me Increase the Compensation I Receive?

A lawyer can provide invaluable assistance by evaluating your case, investigating your accident, negotiating with insurance companies, and representing you through every step of the legal process. As our friends at Cashio Injury Attorneys, LLC know, understanding the full amount of compensation you are entitled to is crucial in a personal injury case.

A good lawyer will ensure that you are seeking the maximum amount of compensation possible, build a case that displays your claim to this compensation, and fight for you to receive this settlement in negotiations.

How Long Does It Take to Receive Compensation?

The timeframe for receiving compensation in a personal injury case varies. Factors affecting the duration include the complexity of the case, the extent of injuries, the willingness of the parties to negotiate, and the court’s schedule. Some cases settle quickly, while others, especially those that go to trial, can take years.

Remember, every personal injury case is unique. Consulting with a knowledgeable lawyer can provide clarity and guidance tailored to your specific situation. With their experience, you can navigate the legal process more confidently and increase your chances of securing fair compensation for your injuries and losses.

Personal injury cases arise when an individual suffers harm or injury due to the negligence or wrongful actions of another party. These cases can vary widely in nature, but they all share the common thread of seeking compensation for the victim’s losses.

Car Accident Cases: The Impact Of Negligent Driving

Car accidents are among the most prevalent personal injury cases resulting from the negligence or recklessness of one or more drivers. These cases encompass various scenarios, including rear-end collisions, intersection accidents, and multi-vehicle pileups.

Characteristics:

• Injuries can range from minor cuts and bruises to severe trauma.
• Determining liability often involves establishing fault and negligence.
• Compensation typically covers medical expenses, property damage, and lost wages.

Slip And Fall Cases: Premises Liability Claims

Slip and fall cases fall under the category of premises liability, where property owners or occupiers are responsible for maintaining safe premises. These cases typically arise when someone is injured due to hazardous conditions on another person’s property, such as wet floors, icy sidewalks, or poorly maintained walkways.

Characteristics:

• Injuries may include fractures, sprains, head injuries, or soft tissue damage.
• Establishing negligence involves proving that the property owner knew or should have known about the dangerous condition.
• Compensation aims to cover medical bills, pain and suffering, and lost income.

Medical Malpractice Cases: Seeking Accountability In Healthcare

Medical malpractice cases occur when healthcare providers, such as doctors, nurses, or hospitals, fail to provide a standard level of care, resulting in harm to the patient. These cases can involve misdiagnosis, surgical errors, medication mistakes, or other forms of negligence in the medical field.

Characteristics:

• Injuries may range from worsened medical conditions to severe disability or death.
• Establishing malpractice often requires expert testimony and a clear breach of the standard of care.
• Compensation can include medical expenses, future care costs, lost earning capacity, and pain and suffering.

Product Liability Cases: Holding Manufacturers Accountable

Product liability cases involve injuries caused by defective or dangerous products. These cases target the manufacturers, distributors, or sellers of the products that cause harm to consumers. Defective products can include anything from faulty car parts to contaminated food items.

Characteristics:

• Injuries can vary widely depending on the nature of the product defect.
• Establishing liability typically involves demonstrating that the product was unreasonably dangerous or poorly designed.
• Compensation may cover medical bills, property damage, and pain and suffering.

Seeking Legal Assistance

Personal injury cases can be complex, and navigating the legal process alone can be overwhelming. Whether you’re dealing with the aftermath of a car accident, a slip and fall incident, medical malpractice, or a product liability issue, seeking legal assistance is crucial to protect your rights and maximize your chances of receiving fair compensation.

A qualified Charlotte, NC personal injury lawyer can assess the specifics of your case, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary. They have the expertise to navigate the complexities of personal injury law, ensuring that you receive the support and compensation you need to recover from your injuries and losses. Call Schehr Law, PLLC to schedule a free case evaluation.

Pedestrian accidents can result in severe injuries, and victims often face a long road to recovery. Understanding the common injuries pedestrians sustain in accidents is essential for awareness and prevention.

Head And Brain Injuries

Head injuries are among the most serious consequences of pedestrian accidents. When a pedestrian is struck by a vehicle, their head can suffer direct impact from the vehicle or the road surface, leading to traumatic brain injury (TBI). TBIs can range from mild concussions to severe brain damage.

Consequences:

• Cognitive impairments
• Memory problems
• Emotional and behavioral changes
• Loss of motor skills
• Long-term disability or impairment

Bone Fractures

Pedestrians can suffer bone fractures in accidents due to the force of impact or from falling after a collision. Common fractures include broken arms, legs, hips, and wrists. These injuries often require surgeries, and lengthy rehabilitation, and may result in permanent limitations.

Consequences:

• Pain and discomfort
• Limited mobility
• Risk of infection or complications from surgery
• Potential long-term disabilities

Spinal Cord Injuries

Pedestrian accidents can lead to spinal cord injuries, which can result in paralysis or partial loss of motor function. The severity of these injuries varies, with some victims experiencing temporary numbness or tingling, while others may face permanent disabilities.

Consequences:

• Paraplegia or quadriplegia
• Loss of sensation
• Loss of bladder or bowel control
• Chronic pain
• Ongoing medical care and rehabilitation

Soft Tissue Injuries

Soft tissue injuries encompass damage to muscles, tendons, and ligaments. These injuries are common in pedestrian accidents when the body is subjected to sudden forces. Whiplash, sprains, and strains are typical soft tissue injuries resulting from such accidents.

Consequences:

• Pain and stiffness
• Reduced range of motion
• Swelling and inflammation
• Potential for chronic pain
• Extended recovery period

Seeking Legal Assistance

Pedestrian accidents can have life-altering consequences, and the recovery process can be physically, emotionally, and financially draining. If you’ve been injured in a pedestrian accident, it’s essential to seek legal assistance to protect your rights and secure the compensation you need to cover medical expenses, lost wages, and other damages.

An experienced pedestrian accident lawyer can assess the circumstances of your accident, gather evidence, negotiate with insurance companies, and build a strong case on your behalf. They can also help you understand your legal options and guide you through the legal process.

Call Our Law Office For Legal Assistance

If you’ve been injured in a pedestrian accident and are seeking compensation for your damages, don’t hesitate to consult with an experienced Charlotte, NC pedestrian accident lawyer. Your future well-being and financial stability may depend on the outcome of your case. By taking action and seeking legal assistance, you can ensure that your rights are protected and that you receive the support you need during this challenging time. Call Schehr Law, PLLC to schedule a free case evaluation. You don’t have to face the consequences of a pedestrian accident alone; there are legal professionals ready to advocate for your best interests.

When you are deciding whether to file a personal injury case, you may want to hire a lawyer who understands just what to do. They will work hard and tirelessly to advocate for you and protect your rights so that you do not have to suffer the consequences. You should not have to pay because of another person’s negligence. If you have been in a car accident, bicycle accident or other type of personal injury incident, you may want to hire a lawyer right away.

Pedestrian Accident

A pedestrian accident can happen anywhere, from busy commercial streets to rural places. If you have been struck by a vehicle while you had the right of way, you are encouraged to speak with a lawyer so that they can protect your legal rights. You can find out what kind of compensation that you are eligible for. If you have been in an accident, reach out to a lawyer and learn more about your legal rights as a pedestrian victim.

Catastrophic Injuries

Though similar to personal injury accidents, accidents that involve catastrophic injuries refer to serious injuries that cause disability, as a seasoned personal injury lawyer like one from Unidos Legales. Spinal cord injuries and injuries that involve amputations are examples of catastrophic injuries. Because these cases tend to be more complex because they involve higher expenses and a longer list of damages, you may want to hire a personal injury lawyer for personalized help.

Car Accident

Car accidents are some of the most common types of personal injury accidents. If you have recently been in a car accident, you will want to talk to a lawyer so that they can assist you with legal paperwork, calculation of damages, and negotiation with the insurance company. Dealing with insurance companies with car accident cases can be difficult and may take much longer time to complete if you try to work through your claim without professional help.

Truck Accident

A truck accident is another common personal injury case that lawyers usually handle on a regular basis, but they usually result in more serious injuries than car accidents. There are usually many parties involved because they are so destructive. In addition to truck accident drivers, there are other parties like the carrier and third-party contractors who could also be held liable.

Motorcycle Accident

Motorcycles are popular because they enable riders to get to their destination quickly. However, because they can reach high speeds, motorcycle accidents tend to be more dangerous and they usually result in serious injuries like head injuries and internal bleeding. If you have been struck by a motorcyclist you may be able to file a claim against them. A personal injury lawyer will be able to advocate for you and make sure you get the conversation you deserve.

If you act right away, it will not be too late to get the legal help that you need. To learn more about legal services, contact a personal injury lawyer so that you can get help for your claim.

Aside from car accidents, what other types of personal injury accidents are there? As someone who may have recently been injured because of someone else’s neglect or carelessness, you may wonder if what happened to you warrants filing a lawsuit. There are many different types of accidents categorized under the area of personal injury law. Here are examples of personal injury accidents that you should be aware of, but keep in mind, there are countless others that are not listed here. If you have questions about your situation specifically, you can probably benefit from speaking with a lawyer.

Medical Malpractice
Doctors are bound by law to offer a certain level of medical care. When doctors commit oversights, mistakes, or are reckless with a patient’s health and a worsened condition results, there may be reason to file a medical malpractice case. Common examples of medical malpractice include but are not limited to prescription mishaps, surgical mistakes, incorrect diagnosis, and delayed diagnosis. There are unlimited scenarios in which a doctor or other medical professional could have made a serious error, so if you suspect medical malpractice has happened to you or a loved one, seeking help from an experienced legal team is paramount.

Slip and Fall
Property owners and other related parties are responsible for maintaining their grounds so that visitors or residents are not harmed. Slip and falls can happen as a result of negligence, particularly if a hazard went unaddressed which led to someone getting injured. For instance, you may have been shopping at a grocery store when you slipped on a wet pile on the floor. Staff must attend to leaks and clean up slippery surfaces promptly. Another example is if you are going down a set of stairs in an apartment complex and then slip because there were no handrails installed for you to grip onto and save your fall.

Wrongful Death
Wrongful death cases are complex, and sensitive in nature. Wrongful death cases are often filed by relatives of someone who died due to another’s conduct. Family members may file such a lawsuit as a way to inflict justice on the offender who took their cherished person’s life too soon. The intention of wrongful death lawsuits is to provide compensation to the family for how their lives have been changed. Damages that the surviving family may receive include loss of financial support, funeral costs, medical bills, and non-economic damages for loss of companionship and grief.

Workplace Accident
Accidents can happen anywhere, including where you work. Many employers offer workers’ compensation benefits to employees in the event of a work-related injury. Through this benefit program, injured workers can get treatment for their injuries without money having to come out of their own pocket. However, there are times when a claim is mishandled, denied, or reduced in a way that affects the employee’s ability to recover. Employers may also put pressure on someone to get back to work quicker, before their doctor has approved for them to do so. As a personal injury lawyer from David & Philpot, P.L. has seen, because of the many issues that can arise while a workplace accident claim is being handled, some employees have a lawyer intervene to protect their best interests.

When a person experiences an accident resulting from negligence, they may pursue a legal claim with help from a personal injury attorney Indianapolis, IN victims recommend. To take legal action (and reach a successful outcome), victims must tie the evidence to each of the elements associated with a personal injury case. Personal injury cases can range in severity. While some cases may result in impactful injuries, some victims may be left with catastrophic, life-changing damages. It may be challenging to know when seeking legal guidance from our Ward & Ward Law Firm team is in your best interest. Despite this, some instances will make it evident that a legal consultation is in your best interest. Legal consultations are relatively accessible because many attorneys offer them complimentary. Additionally, it’s important to note that many attorneys offer their services on a contingency fee basis, meaning they don’t receive payment unless they reach a favorable outcome for their clients. Hiring an attorney can make a significant difference because they can help achieve the most favorable outcome possible, making them imperative for many victims seeking compensation, justice, and closure.

Key Elements Explained

Several factors are involved when pursuing legal action after an accident that has resulted in damages. As a personal injury attorney people turn to for guidance will share that elements of a personal injury case must not only be present but also will require solid evidence proving each and tying each aspect to the next. Identifying these elements can be challenging for someone who does not practice personal injury law, which is why victims will require an attorney. The following are four key elements that must be present in your case to move forward:

1. Duty of Care
2. Breach of Duty of Care
3. Injuries/Damages Resulted
4. Injuries Sustained Were Due To The Breach

Without these elements, the victim’s claim will likely not be strong enough to take legal action against the responsible party. When working with an attorney, they can assist by reviewing the case and gathering the necessary evidence to move forward.

When To Call An Attorney

After an accident, amidst physical injuries, it can be challenging for victims to decide whether they should pursue their case on their own or with help from an attorney. Taking legal action with a legal professional comes at a cost to victims, which is why it’s crucial to determine whether the claim’s value warrants legal help. Cases with more minor damages may not require assistance from a professional, but if any of the following are present, it’s imperative to consider help from an attorney:

• You have been contacted by the insurance adjuster or the defendant’s attorney with an initial settlement offer
• The insurance company denied your claim
• You suffered injuries that resulted in medical expenses, lost wages, and more
• There is more than one liable party involved
• You want to put your recovery first

Seeking compensation after an accident is a complicated and time-consuming process. Recovering from the accident will consume victims with debilitating injuries, and the process of holding the liable party accountable can be an especially trying time. Let our Indianapolis, IN personal injury attorney take the lead so they can build a strong case, gather evidence, and negotiate with the opposing side- so you don’t have to. Learn more about the services Ward & Ward Law Firm offers by contacting them today.

Is Filing A Personal Injury Lawsuit Worth It?

Many people who have suffered injuries as a result of another’s negligence, recklessness, or intentionally dangerous behavior understandably question whether filing a lawsuit against that third party will be worth their time, energy, and resources. It is no secret that filing a lawsuit is a stressful experience. It is, therefore, not a decision to be entered into lightly. With that said, working with an experienced personal injury attorney can help to ensure that if an accident victim has a strong case to make, the benefits I’m filing a lawsuit will eventually far outweigh the temporary stresses that navigating the legal process necessarily entails.

Compensation and Justice

The two primary reasons why accident and injury victims opt to file personal injury lawsuits are compensation and justice. In the wake of sustaining harm, injury victims often find themselves trying to keep up with mounting medical expenses and the financial consequences of losing time at work to devote to recovery. If a third party’s actions or inactions have caused your harm, you should not be saddled with the burden of financing your recovery. That responsibility rightfully belongs on the shoulders of those who caused your injuries. Filing a lawsuit can help to ensure that you are awarded the maximum amount of compensation that you are owed under the law.

It is additionally important to mention the benefits of seeking justice, especially if you were injured as a result of an intentional act or the egregious negligence of someone, some government agency, or some company that remains in a position to harm others. Peace of mind is not an insignificant thing. Understanding that you have done all that you could to seek justice on behalf of yourself, your loved ones, and anyone else who could potentially be harmed by those who have caused your injuries can help to grant you peace of mind.

As an experienced personal injury lawyer – including those who practice at The Law Offices of Barry P. Goldberg – can confirm, no attorney can ethically guarantee the outcome of a personal injury lawsuit. However, as successful personal injury lawsuits often result in some measure of justice being done and significant compensation awards, filing a lawsuit may be worth your time, energy, and resources. Speaking with a lawyer about the unique circumstances you’re facing will give you a strong sense of whether you’re in a position to file a potentially successful lawsuit.

What if You Were Partially to Blame?

Don’t shy away from speaking with an attorney about your legal options if you were partially at fault for what happened to you. All but a handful of states empower injury victims to seek compensation from others responsible for contributing to the causes of their harm, even when those victims also played a role in their injurious circumstances. An attorney can clarify the strength and potential value of your case once they have a strong understanding of what happened to you and to what degree you were responsible for what occurred.

If you have been injured on the job, you may be entitled to compensation under the workers’ compensation system in your state. It’s important to remember that workers’ compensation isn’t designed to cover every aspect of your injury and its treatment; it only covers conditions that have to do with your occupation. Here are some things that workers comp won’t cover, along with tips on what you can do if you have been injured in an accident that falls outside these categories according to our friends at Hurwitz, Whitcher & Molloy, LLP.

Personal Injury

Generally, workers’ compensation will cover any personal injury that was sustained while on the job. This could include a slip and fall accident, being hit by a falling object, or even getting electrocuted. However, there are some exceptions to this rule. If you were injured while engaging in illegal activity or if you were intoxicated at the time of your accident, you likely will not be covered by workers’ compensation. In addition, certain injuries can be excluded from coverage such as psychological injuries or cancer due to exposure. Finally, what if the injury is considered to be an occupational disease? A common example of an occupational disease is carpal tunnel syndrome caused by repetitive motions with hand tools (such as typing). In order for an occupational disease claim to be successful it must first meet three criteria: 1) There has been a significant amount of exposure 2) The nature of the risk created by the employment process 3) The susceptibility factor involved. If all three requirements are met then you may have a valid claim.

Working Conditions

In order for an employee to receive workers’ compensation, their injury must have been sustained while on the job. This means that if you are injured outside of work, or during your lunch break, you will not be eligible for workers’ compensation. Furthermore, your employer must have workers’ compensation insurance in order for you to file a claim. If they do not, then it is up to them whether they want to take care of you themselves or pay for your medical expenses out-of-pocket. However, many employers choose to opt out of this type of coverage because it is expensive and is usually required by law only when there are 10 employees or more on staff.

Workplace Accidents

Many people believe that they can only receive workers’ compensation if they are injured on the job, but this is not always the case. You may be eligible for benefits even if your injury was caused by a pre-existing condition or occurred outside of work. However, there are certain types of injuries that are not covered by workers’ compensation, such as those that are self-inflicted or caused by illegal drug use. If you are unsure whether your injury qualifies for workers’ compensation, it is best to speak with a lawyer who specializes in this area of law.

Income Loss Coverage

One of the most important benefits that workers’ compensation provides is income loss coverage. This can help you make ends meet while you’re unable to work due to your injury. However, there are limits to what this coverage will pay. For example, if you’re able to work part-time or do some modified duty, your income loss benefits will be reduced accordingly. Additionally, if you have other sources of income (such as a spouse’s salary), that will also be taken into account when determining your benefit amount.

Contact a workers compensation lawyer in Buffalo, NY for help today!

If you are injured in an accident, medical visits may be necessary. A doctor will keep track of your records as well as the progress you are making throughout each visit. Consistency with going to these visits will be a great benefit to you. After an accident, if you decide to file a personal injury claim, a gap in treatment could lessen your compensation greatly.

What is a Gap in Treatment?

It is found that insurance companies will deny personal injury claims when the records show a gap in treatment, or delayed medical treatment. Companies will argue, “if you were hurt so bad, you would not have waited this number of days before seeking medical attention.” In other instances, they will argue that you missed a large number of treatment visits, which means the accident did not require a lot of medical attention and you were able to get back into your regular life quickly after the accident occurred.

The reasoning behind the insurance company reducing your settlement amount for gaps in treatment comes from the idea that if you do not get immediate and continuous treatment then your injuries may not be as severe as you claim.

Why You May Have a Gap

There are various instances that may cause you to have a legitimate gap in treatment. Examples of this include;

• Sickness or illness
• Required surgery
• Vacation or out of town
• And other related instances

While these are unavoidable, it is important to speak with your attorney and make sure these events are documented to show there is no purposeful gap in the treatment you are receiving.

How to Avoid A Gap in Treatment

After being in an accident, it is important to receive immediate medical attention as necessary. Once you are given a diagnosis, you should follow up with your doctor and begin to set up checkups to monitor your progress. It is in your best interest to follow the doctor’s suggestions and follow the treatment plan they provide for you.

Contact Us

Following an accident, it is important to reach out to a personal injury attorney to help guide you through this process. At Schehr Law PLLC, we have years of experience in dealing with insurance companies. We understand what it takes to make you whole after an accident. The sooner you are able to contact us, the easier it will be for us to build a strong case. Don’t let the insurance companies take advantage of you. We offer free consultations for all personal injury cases. Please do not hesitate to reach out.