Legal Question in Personal Injury in North Carolina

Re: how to figure settlement amount

These are always tricky, and you may want to get an attorney. Generally speaking, you can recover from this other driver (1) medical expenses, (2) lost wages, (3) pain and suffering (and/or permanent injury). The other driver, in turn, is presumably covered by Liability Insurance, probably at least in the amount of $30,000; further, your personal Underinsured Motorist Coverage and the Car's UIM Coverage may provide additional recovery, if necessary. So, the answer to one of your questions is "yes," they are liable for your "losses" including pain and suffering beyond mere medical expenses. The logistics of paying you can become complicated if the health care provider has a lien. I do not necessarily understand your question to encompass this issue, so I will not address it further, other than to say that as a general matter you and the insurance company should ensure that the medical bills are paid, but the provider may be willing to "compromise" or reduce their lien. You will also want to consider whether your policy or the Car's policy has "MedPay," which could provide funds in excess of the liability insurance. One final note: you want to be careful about the knee injury, in terms of getting that diagnosed and treated, and getting fair compensation for that. A knee injury can be bad, and can be progressive. I cannot discern, e.g., whether this is a cartilage or ligament injury, or just a temporary sprain or strain. I do not know enough to assess that part of your claim, but you want to be careful with that.