Legal Question in Personal Injury in North Carolina

The insurance co is wanting me to settle my liabilty claim from an injury I incurred while at work . I was contract labor, so it is not workmans comp. The back injury,,,2 yrs ago...kept me in intense pain for about 9 mos. My question is...I homeschool my children and during that year I was unable to do that effectively...which put both my daughters behind one grade. Do I factor that in my settlement...and if so, how do I put a monetary value on that?

My injury was and still is 5 bulging discs. Will my future medical be included in my pain and suffering?

Thank you for your response!


Asked on 8/12/09, 6:35 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Assuming that this is not workers compensation, and that liability is clear (i.e. they will pay the full value of your claim), then you are entitled to recover your medical expenses, pain-and-suffering, and lost earnings. The pain aspect of the case is difficult to value without having more information (including any current limitations, whether surgery is warranted, the prognosis following surgery), and if you have any significant injury (which you seemingly do), then you almost certainly want to consult with an attorney before making this decision. (And you also want to be wary of the statute of limitations, which is generally three years for a liability claim.) As for the homeschool aspect of the question, that is very difficult to factor into the settlement. In all likelihood, it will be difficult for you to recover for that, and that is a loss which may simply be non-compensable. A creative lawyer might be able to formulate a way for you to try to recover for that. (E.g., you are now delayed one extra year before entering, or re-entering, the work force, and hence arguably you have lost one year's earnings.) In view of this injury, you are probably well-advised to speak with a lawyer and provide him or her with more information.

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Answered on 8/13/09, 8:48 am


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