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David S. Henson

David Henson’s Answers

10 total

  • I was in a car wreck, do I need a lawyer

    I was sideswiped by another driver in a 2003 Chevy pickup truck in my 97 Plymouth breeze, first time wreck and not sure if I need a lawyer, my mother and 3 children was also in the car when it happened

    David’s Answer

    It really depends on your injuries. In my opinion, if your injuries were minor and only included an Emergency Room visit and a followup visit or so, then there is a pretty good chance that you would be better off handling the claim on your own. Conversely, if your injuries were more substantial, or you are currently unsure what your injuries are, then it is always a good idea to talk with a lawyer to learn more. I have posted a number of videos on Avvo that discuss when you do and when you do not need a lawyer. You might want to check some of those out for a ore complete answer.

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  • Would a lawyer take a case if the policy limit is only 30,000

    it has been over two years since my accident & would a lawyer have a claiment take cervical surgery without knowing if there is enough to cover surgery , loss wages ,etc.?

    David’s Answer

    • Selected as best answer

    In addition to what others below have said, don't just assume that the defendant only has $30,000 in liability coverage. I never take what an adjuster tells me over the phone as being true. In countless cases, I have had adjusters tell me 'wrong' when it comes to policy limits or coverage issues. In addition, there may be other policies available to the defendant that the adjuster does not know about, or is not volunteering to tell you about. For instance, there could be umbrella or excess liability policies, the defendant could have been working at the time of the collision in which case there could be business liability policies that apply, etc. Then, as others have pointed out, an exhaustive search of underinsured motorist coverages should also be done for all of your resident family members, etc. This is technical stuff, and review by a qualified NC personal injury lawyer would be prudent.

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  • I was in a accident last Thursday the officer said it was not my fault it was with a semi truck. i was not at fault

    i been in so much pain the last 3 days and the doctors didn't really help.

    David’s Answer

    I would recommend talking with a lawyer about your legal rights. In addition, your lawyer should be able to outline for you the various medical treatment options that typically exist, depending on whether you have any health insurance and what kind. Given that the collision was with a tractor trailer, a special set of laws called the Federal Motor Carrier Safety Regulations may apply, so it is important that the lawyer you hire have experience in dealing with these Federal regs. I have posted a number of videos on Avvo and YouTube with information on this topic that may assist you in becoming more educated and informed. At this point, the key factor is you understanding your rights and obligations under the law. Then, with that information, you can determine whether you need or want a lawyer to assist you.

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  • N.J.passenger in a car that was rear-ended.Driver of car I was in is from Fla. Car that hit us from N.C. where acc. occurred

    I was a passenger in a car that was rear-ended in North Carolina. I am from New Jersey, the driver of car I was in is from Florida and driver that hit us is from North Carolina. The driver that hit us is underinsured. I was told I could not col...

    David’s Answer

    I would differ slightly form the other poster of an answer. I would suggest that you need to retain a North Carolina lawyer. Then, once that lawyer is representing you, they will likely need to consult with a NJ or FL lawyer, but it will be the NC lawyer's responsibility to weave all three potential insurance policies together to determine who is supposed to pay what. At the end of the day, it will be mostly NC law that likely applies to the primary issues of the case, with NJ and FL kicking in to determine some coverage issues.
    Your situation is complicated, but not impossible. You just need someone who is experienced at handling coverage issues. Find a lawyer who exclusively does personal injury cases and car wrecks, as opposed to someone who does a little bit of everything.

    David Henson
    HensonFuerst Attorneys
    Offices in Raleigh, Rocky Mount, and Boone- North Carolina

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  • Rearended and hurting...should we get an attorney???

    I was rearended by a guy with insurance(thank God) with three children ages 8,12, and 14 and another passanger in the van who is the owner of the vehicle I was driving. Cops came out and the guy was at fault. We all went to the ER and we are sti...

    David’s Answer

    As a North Carolina lawyer, I would advise you to do a couple of things:
    1. Do not give a recorded statement to the insurance adjuster.
    2. Do not talk with the insurance adjuster about your injuries. It is ok to handle the property damage with that adjuster, but ONLY talk with them about damage to your car.
    3. Do not sign anything with the insurance company, especially a medical authorization to get copies of your medical records.
    3. If you need medical treatment, then go ahead and get it. There are a number of reasonable orthopedic or chiropractic doctors in Fayetteville that can treat you, depending on your health insurance situation.
    4. I have posted a number of videos on Avvo (or You Tube) on all of the above issues. It is important to learn all of your legal rights, before you decide what to do. These videos include the topics of: Do's and Don'ts with the adjuster, how to handle your property damage claim, whether to hire an attorney, whether to handle your bodily injury claim directly with the insurance company, etc.
    5. Sit down and talk with a lawyer to learn all your legal rights, before you make a final decision.

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  • Do I have to legally turn the rental car in even though nothing has been done about my car being fixed or totaled.

    My car was hit on Oct. 11th,2011. It took seven day's to get a rental. I get a call today ( Nov. 1st) saying I had till Friday (Nov. 4th,2011) to turn the rental in. No one has contacted me regarding my car only to tell me that I needed to give...

    David’s Answer

    I would suggest that you get a free consultation with a lawyer to more fully explain your situation and get an outline of the legal issues involved and your legal rights/obligations. In North Carolina, generally an insurance company is responsible for providing a rental car while your car is either being repaired or until they make a good faith offer on the value of your car if it is a total loss. There are times, however, when a rental car may be extended or cut short though, depending on the specific facts of your case.
    The answer to your question will also depend on exactly what conversations you have had with the other driver's insurance company, when the car was inspected by their adjuster, what the adjuster told you, etc. Make sure that you have a good accounting of all the facts and events ready when you talk with the lawyer. Property damage claims can be a very frustrating process for auto wreck victims.
    My office does not typically represent clients who only have property damage claims, but we regularly give advice to folks to help them figure out what their options are and get them pointed in the right direction. This saves our clients money and gives them advice for something that should be routine and easy, but is not always so. Most other NC personal injury lawyers do something similar. I think this would help you out greatly.

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  • How do I negotiate a lien that has been placed on my uninsured motorist for injuries from a car crash not our fault?

    Jan 16th, my husband was hit by an uninsured motorist. The result is a traumatic brain injury. My insurance company is asking me to negotiate with Medicare to get the lien on our uninsured motorist reduced. Is that possible? We need as much as ...

    David’s Answer

    Negotiating with Medicare can be a difficult ordeal for a number of reasons. First, the process that you go through differs on whether you are trying to get a reduction of the lien or the lien completely extinguished. Second, it is nearly impossible to get contact with just one person at Medicare. Unfortunately, you will get a different person each time you call, who will inevitably tell you something that conflicts with what another Medicare rep has said previously. Be prepared to have a lot of patience in the process.
    I highly recommend that you talk with a lawyer about where you are in the process to learn what your options are, and to make sure that you really have exhausted all of the available uninsured motorist coverage available to your husband. You cannot trust an adjuster to tell you that honestly and correctly.
    A one hour consultation with a lawyer who handles complex auto cases and traumatic brain injuries would be a good idea. Most law firms, including my own, will meet with you for free and should take plenty of time to apprise you and your husband of your legal options. It may be that you really don't need a lawyer, but that should be an informed and educated decision, that I am not sure you are completely able to make right now.

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  • I have a 1 year old child an we were in a car accident in feb an he had a head injury an the bump on his forhead is still there

    goin away by now that he will prolly have it for the rest of life but should I aspected???????

    David’s Answer

    Good advice given so far by others. As a NC lawyer, I would recommend that you have your son checked out by a qualified doctor. Depending on the extent of the head injury, a pediatrician may not be enough, and you may want to consider getting an evaluation from a higher level specialist such as a neurologist or other brain injury specialist who is better suited to determine any long term effects. Brain injuries in children can be complicated medical cases, and you may end up needing to wait some additional time in consultation with his treating physicians to fully be able to appreciate any injuries.
    In addition, talking with an experienced lawyer, particularly one who has extensive experience handling brain injury cases would be a good idea. A lawyer with this kind of experience can assist you in finding qualified and appropriate doctors to evaluate your son. Also, the lawyer will assist you in properly evaluating the risks and benefits of attempting to negotiate with the insurance company versus filing suit, and at what time those things are best done. Finally, in the overwhelming majority of cases involving children who are injured in North Carolina, any lawsuit or settlement will have to be approved by a court. Having a lawyer assist you in this process, is invaluable.

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  • Long Term Disability wants me to pay back the Social Security that my children are getting. Can they do that?

    what if I just say no, I will not give you any of the childrens SS backpay money. What can the LTD company do....?

    David’s Answer

    Your situation really needs some more facts in order to give a more clear answer. The complete answer is that it really depends on the terms and conditions of the long term disability insurance policy. As such, to really get started, I would suggest that you get a copy of the policy and read over it to see exactly what it says. If you are the only "insured" on the policy, and it is your children that are getting the benefits, then I would think there is a good chance that they do not have a right to this repayment. If, on the other hand, there are multiple insurers on the policy, and the definition of 'insureds' includes your children, then it is possible that they could have a right to repayment or offset. Unfortunately, offsets are a typical thing in the majority of LTD policies, but it really depends on the terms of the specific policy

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  • What kind of legal advice I should seek?

    I lend a person some cash money. Now he refuses to even recognize me. I don't have any written agreement. But, I have enough evidence in form of email and text messages that can prove that he owes me money. What can I do to file a complaint about ...

    David’s Answer

    It depends on the amount of money that you lent, and the terms of the oral agreement. If it is less than $5,000 then you may want to consider filing a claim in small claims court, which is a part of the District Court Division in North Carolina. You case would be heard by a magistrate, and usually the parties involved are not represented by lawyers. If you lose in small claims court, then you can appeal to District Court.
    If the amount of money borrowed is more than $5,000 then you might want to consider getting a consultation with a general civil litigation lawyer.

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