When is a lawsuit brought against an insurance carrier in North Carolina? | North Carolina Law Firm

Ninety-five percent of all cases have an insurance carrier involved. These claims are not brought forward until one of two things happen:
1) The client has healed as much as medical care will allow, or
2) The case is nearing the statute of limitations for that type of case. Medical care can take a long time, and therefore sometimes action must be taken before the client is completely healed.


Transcription

Keith Whited: Almost all personal injury cases start with a claim to an insurance carrier. Over 95% of all cases have an insurance carrier involved in it. A homeowner’s insurance carrier, a car insurance carrier, a workers compensation insurance carrier, a medical liability professional insurance carrier.

Those claims are not brought until one of two things happen. Either the client has reached as good a physical condition—you don’t want to bring the client until the time that the medical care provider’s going to say, “Mary’s just not going to get any better than she is right now.” Because that’s when a lawyer knows, and is able to describe a full picture of the damage. Or, as it gets so close to the statute of limitations, most cases must be brought within three years of the event, unless it’s a wrongful death case, and there’s two years from the day of death.

And the reason that sometimes you have to bring them before you really want to: because medical care sometimes takes a long time. It takes a long time to get where the doctors know what’s wrong and know what the final result’s going to be. And if you get pushed up next to that statute of limitations, sometimes you have to act before it’d really be advisable to. But you can’t avoid it. So one of those two things must occur.

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