The Attorneys at Egerton Law Answer Their Clients’ Most Frequently Asked Questions
Many of our North Carolina clients and prospective clients have similar questions. We provide helpful information by answering these common FAQs about personal injury accidents, workers' compensation claims, and Social Security Disability claims. If you have any questions about your case, call 1-800-800-4LAW to speak directly with an experienced NC injury lawyer.
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Specifically which DePuy units were recalled?
The ASR XL Acetabular System (Total Hip Replacement) and ASR Hip Resurfacing System were recalled.
How can I find out if I have a DePuy ASR hip implant?
Contact your orthopaedic surgeon’s office or the hospital where you had your surgery to find out the make and model of your hip implant.
What should I do if I find out that my hip replacement surgery used a DePuy ASR hip implant?
Most importantly, make sure that you are under the close care of a physician. If you would like more information about your legal rights to make a claim for compensation for your injuries, contact Lawrence Egerton of Egerton Law, P.A. The legal claim covers pain and suffering, and the cost of your care and treatment. A successful lawsuit or settlement will recover compensation for injured individuals, including:
• Past medical bills
• Ongoing treatment costs
• Pain & suffering
• Lost wages for any time missed from work.
• Permanent disability
What if the other driver has $30000 worth of insurance but my insurance is worth 100000?
If you have Underinsured Motorist Insurance coverage of 60000 or more, you can collect from your company up to the policy limits. However, this is an involved subject that needs to be dealt with on an individual basis.
How much is my case worth?
There are several items to be considered.
1)The first is medical and drug bills, and your transportation back and forth to the medical provider.
2)The second item is loss of time from work. We will get your employer to sign a statement saying how much time you lost from work, and your rate of pay. We will also need a note from your doctor, taking you out of work. However, if you are self employed, this is more complicated, and we will take it up with you on an individual basis.
3)The next item to be considered is pain and suffering. Just about everybody has pain and suffering, but it's not easy to convert pain and suffering into dollars and cents. However, we have several ways to do this, and when we make a demand on the insurance company, we will ask for an amount to adequately cover your pain and suffering.
4)Other items that we consider are future lost wages, future medical bills, and of course permanent injury."
Who is going to pay my damages?
Almost always, the wrongdoer does not have sufficient funds of his own to make payments, unless it's a big company. So in the usual case where an individual is involved, we are looking to the insurance company.
How much insurance does a person have to carry? If a policy is written after July 1, 2000, the amount of insurance that is required to carried in North Carolina is $30,000 per person or $60,000 dollars per accident. Now what that means, is that if there are five people involved in a single accident, the total amount that all five of them could be paid as a group is $60,000, and the most an individual person could collect would be $30,000.
What if the other driver has no insurance?
Unless you have rejected it, you have what is known as Uninsured Motorist Insurance, which means that if the wrongdoer is uninsured, your insurance company will pay your damages up to your policy limits. Your insurance policy takes the place of the insurance company that the uninsured driver didn't have. Using your uninsured coverage does not cause your insurance rates to go up.
Might other insurance be available to me?
Yes, other insurance coverage may apply, such as Medical Payments, or medpay as we call it, accident insurance where you work, and insurance carried by other members of your family. We investigate to obtain ALL insurance coverage available to you.
How Do You Proceed With My Case?
While you are treating, we consult with your doctors and other medical providers, and get periodic reports and bills from them. We also check with your employer, and find out information about your lost wages. We research all legal questions, and compare your case with similar cases. We then compile a settlement brochure, which we send to the insurance company. We always ask for more than we expect to get, and within a week or 10 days, we normally hear from the insurance company, offering us less than we are willing to take. The procedure at that point is that we come down a little bit at a time, and get the insurance company to go up, until we get what we consider to be their best offer. If we can agree that this is an adequate offer, we settle the case right then. If the case cannot be settled, we file suit.
What Should I do Next?
The first thing that you should NOT be doing is talking to ANYONE about this case except us and your doctor. This includes your neighbors, and anyone that you may see in a shop or other place. IT IS NOBODY'S BUSINESS WHAT'S GOING ON. A lot of times, things that you say can come back and hurt you.
The second thing to do is see your doctor when you're supposed to, and don't miss any appointments. If there's any change to your condition, let him know, then let us know. Rest assured we'll do everything we can to get you the maximum recovery as soon as possible.