Frequently Asked Questions of Durham Injury Lawyers

If you’ve been injured in Durham, here are reliable, straightforward answers from our experienced injury lawyers to some of the FAQs they hear most often.

Injury Law and Durham NC Injury Lawyers:
Frequently Asked Questions (FAQs)

Our Durham injury lawyers can fight to protect your rights. We have created this guide to answer some of the most commonly asked questions injured people in Durham have.

We hope you’ll find these Durham FAQ answers from an injury attorney valuable.

If you need a professional evaluation of your situation, contact us online or call us today at 1-866-900-7078. You can get clarity on if you have an injury case and if you may be owed compensation – at no cost and no obligation.

James Scott Farrin, car accident lawyers in North & South Carolina.

What Types of Auto Accidents Do You Handle in Durham?

Our Durham auto accident attorneys have vast experience handling a wide variety of auto accident cases including:

  • Car accidents
  • Motorcycle accidents
  • Truck accidents
  • Accidents involving people hurt by DWI
  • Pedestrian Accidents
  • Bicycle Accidents

Whether you’ve been side-swiped, rear-ended, T-boned, or hit in a head-on collision, we can help you fight for max compensation.

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How Much Experience Do You Have With Auto Accident Cases in Durham?

Our firm has helped tens of thousands of people with their auto accident cases since 1997. Several of our Durham auto accident attorneys were honored on Best Lawyers in America’s 2025 “Best Lawyers” and “Ones to Watch”  lists for Personal Injury Litigation – Plaintiffs.4 Our experienced auto accident lawyers also have inside knowledge of how to counter insurance company tactics and fight for maximum compensation on your behalf.

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How Can a Lawyer Help Me With My Auto Accident Claim in Durham?

If you’ve been injured in a wreck caused by someone else’s negligence, a lawyer can help you with your auto accident claim by:

  • Answering your questions
  • Investigating the accident and building your case
  • Assessing damages incurred and potential future expenses related to your injuries
  • Searching for multiple sources of potential compensation
  • Dealing with the insurance company so you don’t have to
  • Taking your case to trial if needed

Most importantly, a Durham auto accident attorney can significantly increase your odds of receiving maximum compensation.

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What Are the Steps Involved With Hiring a Lawyer to Help With an Auto Accident Case in Durham?

Hiring a lawyer to help with your Durham auto accident case may require the following steps:

  • Go online and research personal injury law firms, including which ones get client reviews that resonate with you
  • Call or go to your chosen firm’s website and request a free case evaluation
  • Wait for the firm to research your case and inform you if it can help you


Our firm usually responds with this decision within one business day, and there is no fee or obligation.

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What is the Fee Structure for Taking on an Auto Accident Case in Durham?

Many Durham auto accident attorneys work on a contingency fee basis which means that there are no upfront costs or fees unless they get compensation for you.2 Once the case is completed, they collect a percentage of any compensation they were able to recover for you. This fee structure allows people who do not have the funds to retain a lawyer at the beginning of their case to hire quality legal representation.

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How Can a Lawyer Help Me if I’ve Been Injured in a Car Accident in Durham?

If you’ve been injured in a car accident, a Durham car accident lawyer can help you by:

  • Answering your questions
  • Building your case
  • Assessing damages incurred and potential future expenses related to your injuries
  • Searching for multiple sources of potential compensation
  • Dealing with the insurance company so you don’t have to
  • Taking your case to trial if needed

Most importantly, an attorney can significantly increase your odds of receiving maximum compensation.

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How Long Will It Take to Settle My Car Accident Claim With the Insurance Company in Durham?

Every case is unique so there is no uniform answer to this question. If you were injured in the accident, the severity of your injuries often dictates how long the settlement process can take – you don’t want to settle until the full extent of your injuries is clear. It’s advisable to be wary of any quick settlement offer from a for-profit insurance company since, as a general rule, they tend to want to pay out as little as possible. A Durham car accident lawyer can help you understand the potential settlement process for your specific car accident claim.

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How Much Can I Get to Cover My Injuries, Repairs, and Losses in a Car Accident Case in Durham?

It’s impossible to put a dollar figure on your claim without knowing the details of your car accident because the potential amount will depend on factors specific to your injury, the at-fault party’s insurance coverage, and other variables. You may be entitled to compensation for these and other expenses:

  • Medical bills, current and future
  • Lost wages
  • Property damage
  • Pain and suffering
  • Punitive damages

A Durham car accident lawyer can help you deal with the insurance company and fight for maximum compensation while you focus on your health.

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How Much Will I Have to Pay a Lawyer to Handle a Car Accident Case in Durham?

If you hire a Durham car accident lawyer who works on a contingency fee basis, you will pay them a percentage of any amount they are able to recover for you from your car accident case. You will usually not have to pay upfront costs or hourly fees.2 This allows people the opportunity to have legal representation – even if they don’t have funds at the start of their case.

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What Can I Do if the Other Driver Who Hit My Car and Injured Me in Durham Didn’t Have Any Insurance Coverage?

If the at-fault driver in your Durham car accident case did not have any insurance, your own uninsured motorist insurance (UM) coverage (which is required in North Carolina) can be applied towards personal injury damages, such as medical expenses, lost earnings, and pain and suffering. You may also have optional MedPay coverage that can help with these expenses. Your own collision insurance coverage can generally be applied to the property damage from the wreck.

A Durham car accident lawyer can research the various types of coverage you may have available.

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What Makes Truck Accident Cases Different From Car Accident Cases in Durham?

Truck accidents are often more complicated than car accidents because multiple parties can be involved, injuries are often severe, commercial trucks are subject to different rules and regulations than cars, and truck drivers have special training and licensing requirements. Trucking companies often employ lawyers to protect their rights, and a skilled Durham truck accident lawyer can help you level the playing field.

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How Can a Lawyer Help Me if I’ve Been Injured in a Truck Accident in Durham?

Truck accidents can be complicated, and injuries can be severe. An experienced Durham truck accident lawyer can significantly increase your odds of receiving maximum compensation by:

  • Negotiating aggressively with insurers
  • Examining safety ratings from the National Highway Traffic Safety Administration for the truck owner
  • Identifying all the insurers and parties who may be liable for your injuries
  • Building your case, including recovering the truck’s black box if possible
  • Seeking evidence, such as medical records, driving logs, and maintenance records
  • Interviewing witnesses and police officers
  • Advancing the costs to hire accident reconstruction experts if needed2
  • Taking your case to trial if needed
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How Long Will It Take to Settle My Truck Accident Claim With the Insurance Company in Durham?

Because truck accident injuries often involve extensive medical care, lengthy healing, and significant time away from work, there is no set length of time to resolve them.

A skilled Durham truck accident lawyer with experience in these types of cases will likely recommend that you wait until after your doctor has determined that you’ve recovered as much as possible before negotiating with the insurance company on any settlement. A quick settlement offer from the insurance company is likely to be a lowball offer that does not take into account all the compensation you may need.

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How Much Can I Get to Cover My Injuries, Repairs, and Losses After Being Hit and Injured in a Truck Accident in Durham?

It’s impossible to put a dollar figure on your claim without knowing the details of your truck accident because the potential amount can depend on factors specific to your injury, the at-fault party’s insurance coverage (which could include coverage owned by the trucking company, the truck driver, the owner of the cab, or others), plus many other variables.

You may be entitled to compensation for the following expenses:

  • Medical bills, current and future
  • Lost wages
  • Property damage
  • Pain and suffering
  • Punitive damages

A  Durham truck accident lawyer can help you deal with insurance and fight for maximum compensation.

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How Much Will I Have to Pay a Lawyer to Handle My Truck Accident Case in Durham?

If you hire a Durham truck accident lawyer who works on a contingency fee basis, you generally  only have to pay them a percentage of any amount they are able to recover for you in your truck accident case. You will usually not have to pay upfront costs or hourly fees.2 This fee arrangement allows people in need the opportunity for legal representation – even if they don’t have funds at the start of their case.

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What Are the Biases Motorcyclists Face in Accident Cases in Durham?

Many people think of motorcyclists as “rebels,” and their impression of riders is of reckless, speed -loving renegades, thanks mostly to television and films. A Durham motorcycle accident lawyer can fight to try to ensure that misconceptions don’t result in you being blamed for an accident that was not your fault.

This is especially important because in Durham, personal injury cases follow the doctrine of contributory negligence, which can allow insurance companies to deny you compensation completely if you are found to be even 1% at fault.

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How Can a Lawyer Help Me With My Motorcycle Accident Claim in Durham?

An experienced Durham motorcycle accident lawyer can significantly increase your odds of receiving maximum compensation for your motorcycle accident claim by:

  • Answering your questions
  • Building your case and moving it forward
  • Collecting evidence, such as by interviewing witnesses and police officers
  • Searching for multiple sources of potential compensation
  • Assessing the realistic value of your case
  • Negotiating aggressively with the insurance company
  • Preparing and taking your case to court if needed
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How Much Experience Do You Have in Motorcycle Accident Cases in Durham?

In addition to having riders on our team who understand the nuances of a Durham motorcycle accident case, our firm has represented motorcycle crash victims since 1997. We know the North Carolina motorcycle laws that regulate Durham riders’ equipment, gear, and driving behavior. Our Durham motorcycle accident lawyers are versed in the common causes of motorcycle wrecks and know the questions to ask to try to establish the other driver’s fault in the accident.

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How Much Can I Get to Cover My Injuries, Repairs, and Losses After Being Hit and Injured on My Motorcycle in Durham?

It’s impossible to put a dollar figure on your claim without knowing the details of your motorcycle accident because the potential amount may depend on factors specific to your injury, the at-fault party’s insurance coverage, and other variables.

You may be entitled to compensation for the following expenses:

  • Medical bills, current and future
  • Lost wages
  • Property damage
  • Pain and suffering
  • Punitive damages

A Durham motorcycle accident lawyer can help you fight for maximum compensation from the insurance company.

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How Much Does It Cost to Have a Lawyer Help Handle a Motorcycle Accident Case in Durham?

If you hire a Durham motorcycle accident lawyer who works on a contingency fee basis, you will generally pay them a percentage of any amount they are able to recover for you from your motorcycle accident case. You will usually not have to pay upfront costs or hourly fees.2 This allows everyone the opportunity to have legal representation – even if they don’t have funds at the start of the case.

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How Can a Lawyer Help Me With My DWI Accident Claim in Durham?

A Durham DWI injury lawyer can significantly increase your odds of receiving maximum compensation for your DWI accident claim in many ways, including:

  1. Answering your questions
  2. Building your case and moving it forward
  3. Collecting evidence, such as by interviewing witnesses and police officers
  4. Investigating the potential liability of those who supplied the driver with alcohol
  5. Searching for multiple sources of potential compensation
  6. Assessing the realistic value of your case
  7. Negotiating aggressively with the insurance company
  8. Preparing and taking your case to court if needed
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What Are the Challenges in Proving a DWI Accident Case in Durham?

One of the challenges a Durham DWI injury lawyer faces in proving a DWI accident case is  establishing all possible sources of liability (for example, who supplied the alcohol to the DWI driver?).

Another challenge involves proving that the DWI driver was 100% at fault. Since NC is a contributory negligence state, if the DWI driver can establish that you were even 1% at fault for the accident (for example, if you were driving slightly above the speed limit), the insurance company can try to use that to deny you needed compensation.

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How Much Experience Do You Have Representing Those Injured in Accidents Caused by DWI Drivers in Durham?

Our firm has helped people in Durham injured in accidents caused by DWI drivers since 1997. Several of our Durham DWI injury lawyers were honored on Best Lawyers in America’s 2025 “Best Lawyers” and “Ones to Watch”  lists for Personal Injury Litigation – Plaintiffs.4 Our experienced team also has inside knowledge of how to counter insurance company tactics and fight for maximum compensation on your behalf.

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How Much Can I Get to Cover My Injuries, Repairs, and Losses After Being Hit and Injured by a DWI Driver in Durham?

It’s impossible to put a dollar figure on your DWI accident case without knowing the details of the accident because the potential amount may depend on factors specific to your injury, the at-fault DWI driver’s insurance coverage, if other parties are considered liable because they supplied the liquor, and other variables.

A Durham DWI injury lawyer can help you seek compensation for the following expenses:

  • Medical bills, current and future
  • Lost wages
  • Property damage
  • Pain and suffering
  • Punitive damages – Note: There is no cap on punitive damages under NC law if the defendant caused harm while driving drunk.

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Can I Get Compensated for Pain and Suffering if I’ve Been Hurt in an Accident by a DWI Driver in Durham?

Yes, you can seek compensation for pain and suffering (in addition to lost wages, medical expenses, and possibly even punitive damages) after being injured in an accident caused by a DWI driver. A skilled Durham DWI injury lawyer can help you file a personal injury claim against the drunk driver and their insurance company.

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What Are the Challenges in Proving Fault if a Pedestrian Is Hit and Injured by a Driver in Durham?

Two major challenges that a Durham pedestrian accident lawyer faces in proving fault in a pedestrian accident case are locating witnesses and clearly proving that the driver was fully at fault. Since NC is a contributory negligence state, if the driver’s insurer can establish that you were even 1% at fault for the accident (for example, if you were jaywalking or crossing against a signal), the insurance company will likely try to use that to deny you compensation.

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How Can a Lawyer Help Me With My Pedestrian Accident Claim in Durham?

A Durham pedestrian accident lawyer can significantly increase your odds of receiving maximum compensation for your pedestrian accident claim by:

  • Answering your questions
  • Building your case and moving it forward
  • Collecting evidence, such as by interviewing witnesses and police officers
  • Searching for multiple sources of potential compensation
  • Assessing the realistic value of your case
  • Negotiating aggressively with the insurance company
  • Preparing and taking your case to court if needed
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How Much Experience Do You Have in Handling Pedestrian Accident Cases in Durham?

Our firm has been handling pedestrian accident (and other personal injury) cases since opening its doors in Durham in 1997. Several of our Durham lawyers were honored on Best Lawyers in America’s 2025 “Best Lawyers” and “Ones to Watch”  lists for Personal Injury Litigation – Plaintiffs.4 Our experienced team also has inside knowledge on how to counter insurance company tactics and fight for maximum compensation on your behalf.

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As a Pedestrian Hit by a Car or Truck, How Much Can I Get to Cover My Injuries and Losses in Durham?

If you were on foot and hit by a reckless car or truck driver, it’s impossible to put a dollar figure on your claim without knowing the details of the accident. The potential amount may depend on factors specific to your injury, the at-fault car or truck driver’s insurance coverage, and many other variables.

A Durham pedestrian accident lawyer can help you seek compensation for the following expenses:

  • Medical bills, current and future
  • Lost wages
  • Pain and suffering
  • Punitive damages

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How Long Does It Take to Settle a Pedestrian Accident Case in Durham?

Every Durham pedestrian accident case is unique, and the length of time it takes to settle one can largely depend on the at-fault driver’s insurance company. A quick settlement offer from the insurance company is likely to be a lowball offer that does not consider all the compensation you may need, while negotiating for more often leads to delay and deny tactics from some insurers.

A skilled Durham pedestrian accident lawyer with experience in these types of personal injury cases will likely recommend that you wait until after your doctor has determined that you’ve recovered as much as possible before negotiating with the insurance company on any settlement.

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What Are the Challenges in Proving Fault if a Bicyclist Is Hit and Injured by a Driver in Durham?

Two major challenges that a Durham bicycle accident lawyer faces in proving fault when a driver hits a bicyclist are locating witnesses and proving that the auto driver was fully at fault.

NC is a contributory negligence state, and if the driver’s insurer can establish that you were even 1% at fault for the accident (for example, if you failed to yield the right-of-way or rode through a stop sign or red light), the insurance company can try to use that to deny you compensation.

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How Can a Lawyer Help Me With My Bicycle Accident Claim in Durham?

A Durham bicycle accident lawyer can significantly increase your odds of receiving maximum compensation for your bike accident claim by:

  • Answering your questions
  • Building your case and moving it forward
  • Collecting evidence, such as by interviewing witnesses and police officers
  • Searching for multiple sources of potential compensation
  • Assessing the realistic value of your case
  • Negotiating aggressively with the insurance company
  • Preparing and taking your case to court if needed
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How Much Experience Do You Have in Handling Bicycle Accident Cases in Durham?

Our firm has been handling bicycle accident (and other personal injury) cases since opening its doors in Durham in 1997. Several of our Durham lawyers were honored on Best Lawyers in America’s 2025 “Best Lawyers” and “Ones to Watch”  lists for Personal Injury Litigation – Plaintiffs.4 Our experienced team also has inside knowledge of how to counter insurance company tactics and fight for maximum compensation on your behalf.

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If a Bicyclist Is Hit by a Car or Truck, How Much Compensation Can They Get to Cover Injuries, Repairs, and Losses in Durham?

It’s impossible to put any dollar figure on your bicycle accident claim without knowing the details of the accident because the potential amount may depend on factors specific to your injury, the at-fault car or truck driver’s insurance coverage, and other variables.

A Durham bicycle accident lawyer can help you seek compensation for expenses including:

  • Medical bills, current and future
  • Lost wages
  • Property damage
  • Pain and suffering
  • Punitive damages
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How Long Does It Take to Settle a Bicycle Accident Case in Durham?

Every Durham bicycle accident case is unique, and the length of time it takes to settle one can largely depend on the at-fault driver’s insurance company. A quick settlement offer from the insurance company is likely to be a lowball offer that does not consider all the compensation you may need, while negotiating for more often leads to delay and deny tactics from some insurers.

A skilled Durham bicycle accident lawyer with experience in these types of personal injury cases will likely recommend that you wait until after your doctor has determined that you’ve recovered as much as possible before negotiating with the insurance company on any settlement.

Frequently Asked Question of Greenville, NC Injury Lawyers

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What Are the Most Common Types of Personal Injury Cases in Durham?

Common types of personal injury cases in the Bull City include dog bites, burns caused by the carelessness of another, medical malpractice, catastrophic injuries, and losing a loved one due to someone’s negligence. When you are injured through no fault of your own, a Durham personal injury lawyer can help you seek the full compensation you may deserve.

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How Much Does It Cost to Hire a Personal Injury Lawyer in Durham?

Many Durham personal injury lawyers work on a contingency fee basis, rather than charge by the hour, which means there are no upfront costs to you, and you will not be charged a fee unless they recover for you.2 Instead, these lawyers are paid a percentage of what they are able to potentially obtain for you. This arrangement allows more people to afford quality legal representation.

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What Is the Average Settlement for a Personal Injury Case in Durham?

There is no “average settlement” because each personal injury case is unique. If you were hurt due to the negligence of another, it is advisable to consult with a Durham personal injury lawyer to calculate the maximum compensation for your medical costs, lost wages, and pain and suffering you may be owed.

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How Long Does It Take to Settle a Personal Injury Claim in Durham?

The length of time it takes to settle a personal injury claim in Durham can largely depend on the at-fault insurance company – quick settlement offers from the insurance company are likely to be lowball offers but negotiating for more is likely to lead to deny and delay tactics from the insurance adjuster. An experienced Durham personal injury lawyer will know how to handle the insurance company and move your case forward.

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Do I Really Need a Personal Injury Lawyer in Durham, or Can I Handle My Own Claim?

If you have been seriously injured by another’s negligence, an experienced Durham personal injury lawyer can significantly increase your odds of receiving maximum compensation. In addition, they can help reduce your stress, handle deadlines, and seek avenues of potential compensation you may not be aware of.

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How Can a Lawyer Help Me With My Burn Injury Claim in Durham?

A Durham burn injury lawyer can significantly increase your odds of receiving maximum compensation for your burn injury – whether you were burned at work or by somebody else’s negligence – by handling all the documentation, managing all the filing deadlines, building your case, and representing you in court if required.

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What Types of Compensation Can I Get for a Burn Injury in Durham?

A skilled Durham burn injury lawyer can seek compensation for damages such as medical costs and lost wages (and Social Security Disability benefits in severe cases) for your burn injury. And for burns that do not occur at work, they can also seek compensation for pain and suffering.

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Can I Receive Compensation for Pain and Suffering Related to My Burn Injuries in Durham?

Yes, in Durham you can seek compensation for pain and suffering related to your burn injury UNLESS it happened at work because workers’ compensation does not cover pain and suffering. An experienced Durham burn injury lawyer can investigate and pursue all types of potential compensation for your burn injury.

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Who Is Considered Liable for My Burn Injuries in Durham, and How Will You Prove Their Negligence?

Because every case is unique, an experienced Durham burn injury lawyer must investigate the details of your specific case to try to determine how and if someone’s negligence caused your burn injuries. They will review any relevant medical, police, witness statements, and accident reports and talk to involved parties.

If your burn resulted from a defective product, your attorney explores if you can hold the responsible party accountable via a class action, mass tort, or other legal action.

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What Steps Are Involved With Filing a Lawsuit Against the Negligent Party That Caused My Burn Injury in Durham?

After reviewing the details of your case with you, a Durham burn injury lawyer typically takes these steps:

  • Gathers evidence
  • Documents your burn injuries
  • Assesses damages incurred and potential future expenses related to the burn injury
  • Investigates potential sources of compensation
  • Negotiates with the insurance company
  • Goes to trial if required
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Who Is Liable for a Dog Bite Injury in Durham?

In Durham, the dog owner is typically liable for a dog bite injury unless it was the first time the dog harmed an individual and the state’s “One Bite Rule” comes in to play. A Durham dog bite lawyer can look into whether the dog had previously killed or inflicted serious injury on a person, was used or kept for dog fighting, or was previously declared dangerous by a governmental entity to potentially make the case that the dog owner was negligent and therefore liable.

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What Types of Damages Can I Recover in a Dog Bite Case in Durham?

A Durham dog bite lawyer will generally seek damages for lost wages, current and future medical expenses, and pain and suffering. Note that a quick settlement offer from the insurance company may not cover the full, long-term costs of your dog bite injury, and it is generally advisable to consult with an attorney about any offer received.

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How Can a Lawyer Help Me With My Dog Bite Claim in Durham?

A Durham dog bite lawyer can significantly increase your odds of receiving maximum compensation in your dog bite claim by:

  • Gathering evidence to try to prove that the dog owner acted negligently
  • Analyzing Durham ordinances related to dogs
  • Assessing damages incurred and potential future expenses related to the bite injury
  • Negotiating with the insurance company and countering any delay or deny tactics
  • Taking your case to court if needed
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Are There Any Specific Laws in Durham Regarding Dog Bites?

Durham, like all of North Carolina, has a “One Bite Rule” which often shields dog owners from liability for the dog’s first victim. It is advisable to consult with a Durham dog bite lawyer before speaking to the insurance company and for assistance in building a strong case.

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How Can You Help Me Prove Liability in My Dog Bite Injury Case in Durham?

An experienced Durham dog bite lawyer will likely interview witnesses, review medical and police records, check to see if the dog has a history of biting, and investigate the scene where the bite took place to try to build a strong case of negligence and prove that the owner was liable.

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What Is Considered Medical Malpractice in Durham?

In Durham, medical malpractice occurs when a healthcare professional harms a patient by acting in a way that does not meet the following three-part standard of care:

  1. Must possess the degree of learning, skill, and ability as others similarly situated
  2. Must exercise reasonable care and diligence (i.e., standard practices) in the application of knowledge and skill to the patient’s case
  3. Must use best judgment in the treatment and care of the patient

Medical malpractice can be inflicted by doctors, nurses, pharmacists, and other health care professionals. A Durham medical malpractice lawyer can help you identify whether your injury was due to medical malpractice and how much you may be owed.

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How Do I Know if I Have a Medical Malpractice Case in Durham?

You may have a Durham medical malpractice case if you experienced a significant health issue due to the actions of a healthcare professional, such as an improper or delayed diagnosis, a surgical or medication mistake, insufficient follow-up care, or lack of informed consent.

Because there are many different types of medical malpractice, it is advisable to consult with an experienced Durham medical malpractice lawyer who can review your records of care and previous case law to help you decide on the right next steps for you.

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What Is the Statute of Limitations for Medical Malpractice Cases in Durham?

The statute of limitations, or time limit for filing a lawsuit, for a medical malpractice case in Durham is generally three years from the date of injury due to medical error. However, there are several exceptions to this time frame, and a Durham medical malpractice lawyer can help you determine which exact statute of limitations applies to your medical malpractice case.

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How Much Does It Cost to Hire a Medical Malpractice Lawyer in Durham?

You can hire a Durham medical malpractice lawyer who works on a contingency fee basis and does not charge upfront costs or hourly fees. Instead, after the case is over, they will receive a percentage of any amount they were able to win for you. This allows everyone the opportunity to have legal representation – even if they don’t have funds at the start of the case.2

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What Types of Compensation Could I Be Entitled to Due to Medical Malpractice in Durham?

In Durham, medical malpractice cases may result in the following types of compensation:

  • Lost income
  • Medical costs
  • Pain and suffering
  • Loss of consortium or marital benefits
  • Payment for permanent disability
  • Punitive damages

A Durham medical malpractice lawyer can help you identify the extent of the harms and damages you may have suffered and seek maximum compensation for you.

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What Are Considered Catastrophic Injuries in Durham?

In Durham, catastrophic injuries are severe injuries that are long-term, disabling, or permanent, and they often result in significant medical bills, missed work, and loss of family time. Common catastrophic injuries include:

  • Traumatic brain injuries (TBI)
  • Spinal cord in injuries (SCI)
  • Burn injuries
  • Paralysis
  • Loss of limbs or digits
  • Organ damage
  • Eye injuries
  • Nerve damage
  • Broken bones

A Durham catastrophic injury lawyer can ask you questions and review your medical files to help you determine if you have a catastrophic injury case and how much you may be owed.

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What Types of Compensation Can I Recover for a Catastrophic Injury in Durham?

If you have been seriously injured by the negligence of another in Durham, you can generally seek the following types of compensation:

  • Lost income
  • Medical costs, current and future
  • Pain and suffering
  • Loss of consortium or marital benefits
  • Payment for permanent disability
  • Punitive damages

A Durham catastrophic injury lawyer can help you identify the extent of the harms and damages you may have suffered and seek maximum compensation for you.

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How Can a Lawyer Help Me With My Catastrophic Injury Claim in Durham?

A Durham catastrophic injury lawyer can significantly increase your chances of receiving maximum compensation by investigating potential liable parties and applicable insurance policies, managing timelines and paperwork, calculating the cost of needed medical treatment, care, and assistance, and negotiating with the insurance company on your behalf.

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How Long Does It Take to Resolve a Catastrophic Injury Case in Durham?

Because Durham catastrophic injury cases often involve extensive medical care, lengthy healing, and significant time away from work, there is no set length of time to resolve them.

An experienced Durham catastrophic injury lawyer will likely advise you to wait until after your doctor has determined that you’ve recovered as much as possible before negotiating with the insurance company on a potential settlement.

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Can I Get Compensated for the Emotional and Psychological Impact of a Catastrophic Injury in Durham?

In Durham, it is possible for you to be compensated for the emotional and psychological impact of a catastrophic injury caused by another. Consult with a Durham catastrophic injury lawyer on building a strong case which may include compensation for damages such as pain and suffering, loss of consortium or marital benefits, anxiety, depression, PTSD,  fear, and diminished quality of life.

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What is a Wrongful Death Claim in Durham?

In Durham, a wrongful death claim is the legal attempt to quantify the loss of your loved one on your family and to afford you the opportunity to recover financially from that loss. This type of legal action is brought against the negligent party whose actions, or inactions, you believe caused the death.

Durham wrongful death attorneys often pursue wrongful death claims when someone dies in a car accident, from medical malpractice, in a job accident, or because of a defective product.

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Who Can File a Wrongful Death Lawsuit in Durham?

Wrongful death lawsuits must be made by the “personal representative” of the person who passed – often that is the spouse or a close family member. In Durham, this person is the Administrator of the deceased’s estate (if there is no will) or the Executor (if there was a will), and they act on behalf of the person who passed.

If your loved one died due to someone’s negligence, a Durham wrongful death attorney can help you decide if you should file a wrongful death lawsuit.

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What Types of Damages Can Be Recovered in a Wrongful Death Case in Durham?

In Durham, you can seek compensation for the following types of damages in a wrongful death case:

  • Expenses for care, treatment, and hospitalization related to the injury resulting in death
  • Pain and suffering of the person who passed
  • Funeral expenses of the person who passed
  • The present monetary value of the person who passed, including but not limited to compensation for the loss of the reasonably expected:
    • Net income of the person who passed
    • Services, protection, care, and assistance of the person who passed
    • Society, companionship, comfort, guidance, and advice of the person who passed
  • Punitive damages
  • Nominal damages

An experienced Durham wrongful death attorney can help you quantify the impact of the loss on you and your family so that you can try to recover financially from that loss.

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How Long Does it Take to Resolve a Wrongful Death Case in Durham?

In Durham, a wrongful death case can take anywhere from a few months to several years to resolve, depending on the complexity of the case and the willingness of parties to potentially settle. If your Durham wrongful death attorney is able to negotiate with the insurance company for a fair amount without going to trial, your case may resolve more quickly than if it goes to court.

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How Can a Lawyer Help Me With a Wrongful Death Claim in Durham?

A Durham wrongful death attorney can significantly increase your odds of receiving maximum compensation for a wrongful death claim by:

  • Investigating the incident that led to your loved one’s passing
  • Gathering information and identifying the ways your family and your ability to support yourselves have been impacted
  • Assisting you with preparing the estate of your loved one if necessary
  • Preparing and filing the wrongful death claim on your behalf
  • Negotiating with insurance companies and other parties on your behalf
  • Taking your case to court if necessary

Frequently Asked Question of Greenville, NC Injury Lawyers

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Can I File a Durham Workers’ Compensation Claim if I'm Injured on the Job?

Yes, you can file a Durham workers’ compensation claim if you are injured on the job. However, if you are an independent contractor, the accident occurred outside of the course and scope of your work, or your employer has fewer than three employees, you may be ineligible for workers’ compensation benefits. Consult with a Durham workers’ compensation lawyer for advice and assistance in filing your workers’ comp claim.

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What Benefits Am I Entitled to Under Workers' Compensation in Durham?

Eligible injured employees in Durham are generally entitled to lost wages, medical care, and permanent impairment workers’ comp benefits. In addition to these major categories, workers’ comp may also pay for workplace death benefits and vocational rehabilitation benefits. An experienced Durham workers’ compensation lawyer can help you seek all the benefits you may be entitled to.

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How Can a Lawyer Help Me With My Workers' Compensation Case in Durham?

A Durham workers’ compensation lawyer can significantly increase your odds of success in your workers’ comp case and help you seek all the benefits you may be entitled to by:

  • Explaining your rights
  • Pursuing maximum compensation for lost wages and medical bills
  • Negotiating with the insurance company
  • Asking questions about directed medical treatment
  • Assessing the realistic value of your case
  • Evaluating potential settlement offers
  • Striving to ensure any future medical treatment needed is considered
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Can You Help Me if My Workers' Compensation Claim Is Denied in Durham?

Yes, if your workers’ comp claim is denied, our dedicated Durham workers’ compensation team can help you by appealing the decision with the North Carolina Industrial Commission (NCIC).

Generally, we follow these 4 steps when taking a denied claim to the NCIC:

  1. We file a hearing request with the NCIC via Form 33
  2. We may attempt to resolve your claim in a mediation with the insurance company, if one is required by the NCIC
  3. If the claim is still not resolved, we can prepare you for a hearing before a Deputy Commissioner of the NCIC
  4. If the Deputy Commissioner’s decision is unfavorable, we can appeal to the Full Commission of the NCIC
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How Do I Know if I Am Getting All My Benefits and a Good Settlement in My Workers’ Compensation Case in Durham?

Working with an experienced Durham workers’ compensation lawyer is one way to determine if you are getting all your benefits and a fair settlement in your workers’ comp case. An attorney can negotiate with the insurance company, deal with any delay and deny tactics, and try to ensure that the following types of factors are considered when determining your potential workers’ comp benefits and settlement:

  • Accuracy of the impairment rating and average weekly wage used in calculating your benefits and settlement
  • Type of medical care, home modifications, and medical devices you may need in the future
  • Permanent work restrictions you may have
  • Whether a second opinion is needed from a medical provider
  • Whether you need vocational rehabilitation services to help find a new job

Frequently Asked Question of Greenville, NC Injury Lawyers

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What Conditions Qualify for Social Security Disability Benefits in Durham?

The Social Security Administration keeps a list of “medical impairments” that generally qualify applicants for Social Security Disability benefits. These conditions range from neurological illnesses to immune system disorders.

Many conditions and illnesses not on this list may still qualify, and a Durham Social Security Disability lawyer can help you provide proper and complete supporting evidence and records to apply.

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How Can a Lawyer Help Me With My Social Security Disability Claim in Durham?

One study found that Social Security Disability claimants who use a lawyer or representative in the initial claim process decrease their total case processing time by more than 20 months. A Durham Social Security Disability lawyer can help you with your claim by:

  • Handling the paperwork and monitoring filing deadlines
  • Building your case by highlighting the critical aspects of your claim
  • Gathering medical records and questioning any witnesses
  • Communicating with the Social Security Administration for you
  • Preparing you for a Social Security Disability hearing if you are initially denied
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How Much Experience Do You Have in Handling Social Security Disability Cases in Durham?

Our lead Social Security Disability lawyer for Durham, Rick Fleming, served as President of the National Organization of Social Security Claimants’ Representatives, which is a dedicated Bar association for those who represent the disabled in seeking Social Security Disability benefits. He is also an NC State Bar Board Certified Specialist in Social Security Disability Law – a claim only a fraction (less than 40) of attorneys licensed to practice in North Carolina can make.*

His team (which includes former Social Security Administration disability examiners and other experienced Social Security Disability attorneys) knows from firsthand experience how the system works, what the Social Security Administration looks for to accept a claim, the importance of filing the correct forms and meeting strict deadlines, and what medical records to present.

*Figures provided by NC State Bar as of 1/25.

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How Much Can I Get if I File and Get Approved for a Social Security Disability Claim in Durham?

Social Security Disability benefits are based on your work history. Someone who made minimum wage, if they qualify, would receive less in benefits than someone who earned more. Potential benefits also depend on how long you paid into the system. Someone found disabled at age 26 after working 10 years would likely receive less from Social Security Disability than someone who earned a high salary for 30 years.

As of February 2025, the average monthly Social Security Disability benefit amount for disabled workers was approximately $1,751.

An experienced Durham Social Security Disability lawyer can help you file a thorough application with supporting evidence and medical records and can significantly improve your odds of obtaining benefits.

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Can You Help File an Appeal for a Denied Social Security Disability Claim in Durham?

Yes, our Durham Social Security Disability team has a great deal of experience helping clients successfully appeal their denied claims.1 We understand the processes, timelines, and requirements for appealing a denial and can refer to past case experience and prior rulings when providing a detailed, issue-focused argument at any of the four levels of appeal: Reconsideration, Hearing, Appeals Council Review, or Federal Court Review.

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