This form is a sample separate answer filed by the defendant in a personal injury claim.
North Carolina Separate Answer - Personal Injury Accident
State:
Multi-State
Control #:
US-PI-0133
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Separate Answer - Personal Injury Accident?
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FAQ
The Rule of Discovery In these cases, you can bring a lawsuit within three years of discovering the injury or illness. Per G.S. §1-52(16), claims brought under this exception are viable for up to 10 years after the most recent event that contributed to the injury.
The pain multiplier approach: This method determines pain and suffering damages by multiplying actual economic damages like medical expenses by a set number (the multiplier). The multiplier is usually between 1.5 and 5, with a higher multiplier for more serious injuries.
Few North Carolina car accident cases go to trial. And if a formal lawsuit is not filed, claims are often settled within 6-14 months once the insurance company receives the demand package. The demand package outlines the extent of all medical bills, income loss, and others costs related to the accident claim.
The initial demand has to be big enough so that you have room to negotiate. If, for example, you want to settle the case for $80,000, and you demand $90,000, you have very little room to maneuver. As a general rule, your initial demand should be at least twice what you are looking to settle the case for, if not more.
A general rule is 75% to 100% higher than what you would actually be satisfied with. For example, if you think your claim is worth between $1,500 and $2,000, make your first demand for $3,000 or $4,000. If you think your claim is worth $4,000 to $5,000, make your first demand for $8,000 or $10,000.
No, there is no minimum guaranteed settlement amount. The facts of every case are different. Some personal injury cases do not offer any settlements but others may over multi million dollar verdicts or settlements.
If a spouse is injured during the period of marriage, and the personal injury settlement is received while the parties remain married, there is a general presumption the settlement check is a marital asset.
The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.