FAQ about Personal Injury Law

Common Workplace Injuries FAQ Worksites are supposed to be safe, but thousands of people nationwide still sustain injuries when doing work tasks. Regardless of how an injury happened or whether an employer followed the rules, workers' comp benefits should be available to those hurt on-the-job. A personal injury attorney in Charlotte, NC can help you to determine if your injury is considered work-related, which would mean you are entitled to benefits. Auger & Auger Accident and Injury Lawyers provides representation to clients who sustain all different kinds of workplace injuries. We offer a free evaluation of your case, and can…

What is Diabetic Ketoacidosis? Diabetic ketoacidosis is a serious complication of diabetes that occurs when your body produces high levels of blood acids called ketones. How does someone get Diabetic Ketoacidosis? Diabetic ketoacidosis develops when your body is unable to produce enough insulin. Insulin normally plays a key role in helping sugar (glucose) — a major source of energy for your muscles and other tissues — enter your cells. Without enough insulin, your body begins to break down fat as an alternate fuel. Ketoacidosis caused Invokana® In May 2015 the FDA issued a warning stating that anyone who took type…

How often do your cases end up going to trial? Herb: I’d probably say less than ten percent.  Most cases do get resolved.  The cases that don’t get resolved are usually problematic where the insurance company thinks there’s a prior condition that the client may have had a long time ago that may really be the problems they’re having right now. It may be unreasonable expectations by the client or the insurance company.  But most cases, at some point, do get resolved. A lot of people don’t like to take the risk of a jury, but sometimes you have to.…

The first time clients call in after they’ve had an accident, what are the most common questions they have? Herb: Do I need a lawyer?  A lot of people ask, do I need a lawyer?  Why do I need an attorney?  Or, can I handle this on my own?  After we speak with them, give them advice for fifteen minutes, a lot of them are like wow, we didn’t know that.  Can you help me? They didn’t know that they could get depreciation on their vehicle and the insurance company never told them that they could file for loss of…

Is settlement money for a personal injury claim taxable? Herb: No, personal injury settlements are not taxable.  When people come in for their settlement check, I always tell them keep a copy of your settlement sheet.  We always give the client a breakdown at the end of the case showing how much the insurance company paid, our fee, and medical expenses we paid on the client’s behalf from the proceeds.   I recommend that they keep this form with their tax records for the year of settlement in case the IRS ever audits them.  The IRS may ask where that deposit…

Filing a Personal Injury Claim for Your Child in Charlotte In Charlotte, if your child is harmed due to another person's carelessness, you have the right to hold the responsible party financially accountable for your child's injuries and related damages. Filing a Personal Injury Claim on Behalf of Your Child Minors cannot file personal injury claims on their own, so the responsibility falls on the parents or legal guardians. While it's natural to feel anxious or frustrated in such situations, it's crucial to stay composed and seek legal counsel promptly. An experienced child injury lawyer can assess the case and…

Can I Sue for A Dog Bite in Charlotte, NC? Navigating the Complexities of Dog Bite Litigation in North Carolina  At our Charlotte law office, we frequently encounter clients seeking answers about their legal rights following a dog bite. The common question we hear is, "Can I sue for a dog bite?" The answer is a definitive YES, but it's crucial to understand the complexities of North Carolina's dog bite laws. Dog bites are more common than one might think, with nearly 4.5 million occurrences each year in the United States. In Charlotte, the laws surrounding dog bites provide a…

How To Navigate Medical Bills After an Accident Prioritize Immediate Medical Attention The first and most crucial step after an auto accident is seeking prompt medical treatment. Even if injuries appear minor or absent, immediate attention is essential, as some conditions may not manifest immediately. Timely medical care not only ensures your well-being but also establishes a documented link between the accident and your injuries, a crucial factor in insurance claims.  Dealing with Other Driver’s Insurance Although the other driver's insurance carrier is responsible for your medical bills, they will not pay until the final settlement of your total injury…

Understanding Contributory Negligence in North Carolina North Carolina follows a legal principle known as 'contributory negligence.' Under this doctrine, if you are found to be even slightly at fault in an accident — as minimal as 1% — you generally lose the right to claim compensation for your damages. This rule places North Carolina among only a handful of states that still operate under this rather stringent law.  However, there are notable exceptions within this framework:  The Last Clear Chance Rule This rule provides a significant exception. It states that if you were in a dangerous situation (a place of…

How Social Media Can Make or Break Your Case If you’ve been in a car accident and are seeking compensation for your injuries, a simple post on Instagram or Facebook could jeopardize your entire case. Social media can serve as a goldmine of evidence for insurance companies looking to dispute your claims.  The Role of Social Media in Legal Cases  In the legal world, social media posts are considered discoverable evidence. This means anything you've shared online could be used in court. It's not just about what you post; content from friends and family can also impact your case. For…

Understanding the Statute of Limitations for Car Accidents in North and South Carolina In simple terms, the statute of limitations is a deadline for filing a lawsuit. If you wait too long after an incident, such as an auto accident, and miss this deadline, your case could be dismissed, no matter how strong it is or the extent of your injuries.  North Carolina Statute of Limitations  In North Carolina, the statue of limitations for most car accident lawsuits based on negligence is 3 years from the date of the incident to file your claim. It sounds like plenty of time,…

What to Expect During a Deposition A deposition is a key discovery tool used in litigation to collect facts under oath from parties to the lawsuit, witnesses, treating physicians, and other experts. Think of it as a pre-court interview that helps both sides gather evidence. It’s a moment where the story of each witness is recorded, setting the stage for what might unfold at trial.  What Happens During a Deposition?  Depositions usually occur in a lawyer’s office with the person being deposed, attorneys from both sides, and a court reporter who transcribes the questions and answers. This transcript can be…