Equitable Distribution is North Carolina is notoriously complex. Determining what is, and what is not, a marital asset may depend on the status of separation and divorce.
Things can get a bit complicated when there are outstanding legal claims for a car accident, truck accident, Workers’ Compensation claim, or some other form of personal injury matter.
Achieving a settlement or verdict on a personal injury case can be, in itself, a complicated process.
That’s why “PI lawyers” (personal injury lawyers) are generally pretty careful to tell clients, from the outset, that there are no promises.
North Carolina is not terribly “victim friendly” to people hurt in accidents.
Insurance companies, adjustors, and their lobby are incredibly powerful in Raleigh. It shows in our accident laws.
Indeed, we’re one of only four states left in the nation that still recognizes the antiquated theory of contributory negligence.
The rest of the country operates under some form of comparative negligence, where each party bears responsibility for their own actions and mistakes.
Legal liability and compensation for damages is apportioned in a fair, reasonable manner. Unfortunately, that generally is not how things work in North Carolina.
We also are a “bill vs paid” state, making recovery for damages after a wreck an all the more complicated process, involving careful consideration of insurance policies and billing statements.
Anyone who thinks making a claim for damages after a wreck is just a matter of providing an adjuster proof of lost wages and medical bills is in for a bit of a surprise.
It’s both complicated and adversarial. The adjuster isn’t out to help you.
They work for the insurance company. They make money, and profit greatly, by paying less than they should.
The best opportunity to profit is to deny a valid claim altogether.