Injured in a automobile accident, or workers’ compensation case? The insurance companies may be watching.

Why Do I Feel Like Someone is Watching Me?

If you have been injured in an automobile accident, or workers’ compensation case, the eyes of the insurance companies and their private investigators are more likely than not going to be on you.  The expression that a picture is worth a thousand words is even truer, if you have an automobile accident case, or workers’ compensation case.  Remember with advanced technology in the form of drones, or hidden digital cameras, private investigators have the ability to get pictures of you while standing right next to you, or from a safe distance.  You could literally be looking right into the eye of a camera, and have absolutely no idea you are doing so!

Why would an automobile liability insurance company want to get you on camera?  Ideally, in their mind you will look like your life has not been affected by your injuries.  Or, better yet, you will do something on camera that you told them you couldn’t do when their attorney took your deposition.

Why would a workers’ compensation insurance company want to get you on camera?  They want to get some video of you doing something that they think does not comply with your doctor’s restrictions.  They want to then send this video to your doctor, and see if he gets mad that you can do more than what you were telling him, and takes all of the work restrictions off of you, thus stopping your workers’ compensation check.

So what should you do to protect yourself?  For one, immediately stop your social media posting, and if your profiles are not private – make them so!  Even the most innocent post taken the wrong way can hurt your case.  Delete all old profiles that may show a less mature side of you that a jury really does not need to see.  But, social media investigation is just one part of the investigation puzzle.  Be aware of who is around you at all times, keeping an eye out for cars and individuals that you know just don’t belong in your neighborhood.  Some investigators are really obvious about what they are doing, but technology now gives them a leg up, making it harder than ever to tell if you are being watched.  The easy solution to this is to assume you are always being watched, and curtail your activities accordingly until your case has been concluded. 

Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Should I Give a Recorded Statement Without Being Represented by a Lawyer?

What is a Recorded Statement?

When you are injured on the job in North Carolina or South Carolina, the insurance adjuster for your company’s workers’ compensation insurance company wants to get a recorded statement from you about exactly what happened.  In cases where you were hurt by a co-worker’s negligence, or the negligence of a third-party, giving a recorded statement will most likely not be fatal to your case being accepted, or denied as to compensability.  If you were hurt as a passenger in a work vehicle that your co-worker smacked into the back of someone else, or a tree, there is not a lot of wiggle room as to the facts.  Likewise, if some other third-party hit you while you were in the company vehicle.

But, even in this circumstance, you should not give a recorded statement without being represented by a lawyer.  Things in your medical history that you think are minor may be a big deal to the workers’ compensation insurance company.  The insurance adjuster may also ask you questions that have nothing to do with the case, or would not be deemed admissible in court, that you unknowingly answer, and cause harm to your case.

With certain workers’ compensation cases, there is a very fine line in what makes your case one they accept responsibility for and one that they do not.  The words you use to describe an accident on the job can make all the difference.  Unfortunately, there are also some adjusters that ask you questions in such a way that your answers lead to your claim being denied.  Of course this is wrong, but insurance companies are in the business of making money for their shareholders, and the fewer claims they pay out, the more profits they will have for those shareholders.

So, if you have been injured in an automobile accident, or hurt on the job, don’t speak with the insurance company, and especially don’t give a recorded statement, until you have had the chance to consult with an attorney.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!

Injured By a State Employee? What is the Tort Claim Act?

Both North Carolina and South Carolina have Tort Claims Acts, which governs tort, or more simply negligence actions, against the respective States, and every county and governmental entity within them.  For example, the Tort Claim Act of North Carolina would apply if you were injured by the negligence of a North Carolina State Trooper.  Essentially, any governmental function in any county, city, or town is protected by the Tort Claims Act.  The Tort Claims Act of both North Carolina and South Carolina are limited remedies.  The reality of the Tort Claims Acts is that they limit the liability of the States for the negligence of their employees, agents, and entities.

The South Carolina Tort Claims Act has a damage cap of $600,000 for any one single event, no matter how many governmental agents were involved in the action that caused the harm, or how many innocent people were hurt.  Of this $600,000, a cap of $300,000 is set on the recovery for a single individual.  In North Carolina, the Tort Claims Act is capped at $1,000,000.  In South Carolina, the statute of limitations for filing a complaint is generally two years, but can be extended to three years if certain requirements are met.  In North Carolina, the statute of limitation is generally three years, but is two years for a wrongful death action.  Each state has available to it a number of defenses and exceptions, making the filing of Tort Claims actions quite complicated.

If you have been injured by an employee of the State of North Carolina, or the State of South Carolina, please give us a call so that we may assess if you have a claim under the applicable state Tort Claim Act.  Tippens & Zurosky represents people injured on the job and in automobile accidents in North Carolina and South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!