Legal Question in Personal Injury in North Carolina

second party claim

i was hurt on the job, driving to a location can i sue the drivers ins company for pain and suffering. i do not want to sue workmans comp the companys been to good to me.


Asked on 2/06/09, 9:30 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: second party claim

You can sue the other driver only, if you choose to do so. I.e., you do not need to submit a workers compensation claim. If you do file a workers compensation claim, then generally the workers compensation insurer will have a right to some of your recovery against the driver. Also, you generally do not recover pain and suffering from workers compensation; and so your claim against the other driver may afford you a greater recovery.

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Answered on 2/06/09, 6:55 pm


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