If you’ve been injured by the course of an incident within North Carolina, you might be wondering if you are a legitimate car accident situation and if you require an attorney for personal injuries for representation. This article is designed to aid you in figuring this out prior to picking up the phone and dial the first lawyer for car accidents you discover on the internet.
Helping You Resolve the issue with your North Carolina Car Accident
A car crash is among the most traumatizing and life-changing experiences most people have to endure. If the incident occurred in a situation where there were severe bodily injuries for the other passengers who were travelling with you this will only increase the intensity of the trauma.
We’ve all been in the middle of a terrible accident on the road and thought of the victims in the hope that no one suffered serious injuries or was killed.
If you’ve been in a serious accident It is impossible to go back in time to undo the damage or the mental trauma that resulted from being involved in the wreck. There is however an option to settle your car crash claim and pay you the financial compensation you deserve.
We know that the money you might get from an insurance company won’t make up for the physical and mental anxiety you’ve experienced but it’s there to help you rebuild your life and pay your expenses for medical as well as the loss in wages. It will also help you bring your life as close as it is possible to the lifestyle that you lived prior to the accident.
The state of North Carolina, there are two options to settle your car accident claim. The first is via the negotiation of a settlement on your own or via the legal system. In both cases If your injuries are severe, then utilizing an attorney to negotiate your settlement or bring a lawsuit for you is an intelligent choice.
related: 5 Things You Should Do If You’ve been in an accident
If you are negotiating an agreement to settle on your own, your lawyer, or someone else acting on behalf of you will prepare your dossier, gather the relevant documents, such as medical records, crash reports or bills, job documents and so on. and forward those documents to the insurance adjuster along with an elaborate demand letter. The demand letter will ask for an amount of money to pay your claim and give a time frame in which the company will make the money.
In this instance the insurance company may decide to reject your proposal or may offer a counter-offer. Based on the way in which the insurance company responds to your request or counter-offer, you could take their counter offer, bargain, or simply make a claim.
If you decide to file a lawsuit, your case will move through the courts, and eventually trial. While it is more difficult but also risky, should succeed with presenting your argument before the jury, you have the chance to receive a larger amount or that you will not receive any.
Whatever the case they are two most common ways in which the North Carolina Accident case can be settled.
Are You Having a Case of Car Accident?
When evaluating every auto accident an attorney will check at whether the claim can be successfully brought to trial. If not then insurers will find out that and will likely refuse your claim and take the calculated assumption that your lawyer won’t be able to bring an action.
In every car accident case the lawyer will look for) what the legal implications are, namely: 1) whether you have a clear accountability for the accident 2.) whether you suffered injuries in the collision as well as 3) what is enough insurance coverage to cover the injuries. If any of these factors isn’t present and the claim is not successful, it reduces the worth of your claim as well as the chances that you’ll be able to collect compensation for your losses.
Car accidents that occur in North Carolina are governed under an area of law known as Torts. Particularly when you file a lawsuit against someone who has injured you in an accident , you claim that you were “negligent”. The term “negligent” is used all the time but, in the legal sense it is necessary to prove four essential elements to support the negligence claim before the North Carolina Courts. These elements are: 1)) Duty, 2.) Breach 3) Cause and four) Harm. Law students are required to memorize these concepts during their first year in Torts class.
Let’s look at each of these components in relation to the case of a car crash.
The elements of Negligence in North Carolina – Proving Your Representation
There are four primary factors you need to prove in order to win your car crash case. The elements include: 1) Duty 2) Breach 3,) Cause, and four) harm. The third element, causation is the most difficult element in a lot of instances. In any case, here’s an outline of each component.
Everyone who drives is required to operate their vehicle in a safe manner and within the guidelines established by the law for every driver. Also you are required to obey traffic signals, observe the speed limits posted and maintain a safe car and stay in your lane, just to give a few examples.
Driving infractions can violate the obligation to operate their vehicle in a safe manner by driving through a stop sign and speeding up, disregarding the traffic signal, recklessly turning between traffic, not changing their tires when their tread is worn or texting while driving and so on.
We see drivers swerving their obligation to be secure on a regular basis. Sometimes, a police officer will stop a driver because they have not complied with the law. Sometimes, you’ll just witness motorists speeding past you on the road. Have you ever thought to yourself, “that person is going to cause harm to someone else.” …”? You’ve just seen the driver breaking their duty to be safe while driving.
In the event of an accident it is more likely that people have not done their part to ensure safety. For instance, if when a driver violates an intersection and crashes pedestrians, speeding causes the driver in their car to become uncontrollable and crash into an other vehicle, the driver is texting while disregarding traffic signals, causing them to go through a red light, and cause a crash or other accident, etc.
In the majority of car accidents that occur every day there is no injury. They’re just minor collisions. At present there’s not enough evidence legally to file a lawsuit for negligence.
The main X-factor in a lot of these instances is the possibility of harm. Harm refers to the mental or physical pain one suffers as a victim of negligence by someone else. If you were a pedestrian hit by a car who ran the stop sign, it is likely that you suffered some form of injury or damage.
Damages can take many varieties. There are both economic or non-economic losses. Economic damages are the price of your medical expenses or absence from work, loss of earnings, damage to your car or property, loss of earning capacity, etc.
Non-economic damages can be a consequence of the driver at fault for their negligence in causing the crash. The more serious the injuries that you suffer, the more likely you will be to receive a larger settlement.
Sometimes, both parties might have been negligent and led to the accident. The majority of states apply what’s called “comparative negligence” and distribute damages in proportion to the degree of responsibility of each driver. If you were at 10% fault, and your driver’s fault was at 90% fault, then your liability will be reduced by 10%..
But, North Carolina is one of the four states (the other three being Maryland, Virginia, and Alabama) as well as in the District of Columbia that apply the rule of contributory negligence. If you are even 1% responsible for the accident, you’ll get nothing. It’s a bit unfair, don’t consider? Insurance companies are the lobby for this particular one.
If you have any involvement in an accident does it mean that you’re out of luck seeking compensation from your insurance firm?
Well, the answer is dependent on.
Here are four alternatives to North Carolina’s strict contributory negligence rule.
Exemptions from the Contributory Negligence
Rule of 7’s
The first one has to do with be with children who are not yet minors and is known as the “Rule of Seven’s”. It is essentially that children less than 18 are split into three distinct groups, dependent on their age.
The first category of children is children who are younger than seven. Children under 7 are legally ineligible for negligent conduct. If you have children who are young like I do then you can understand the reason. They aren’t sufficient to know their environment, and possible risks that could cause harm. A typical scenario used to demonstrate this is when a child plays with the ball in their yard. The ball is thrown through the streets and the child runs after it. Do they glance at the surrounding area to determine if there is a car is approaching? No. They’ve got one thing in mind and one thing that is in their minds… Find. The. Ball.
If they were struck by a vehicle, regardless of whether they might be negligent, under the eyes of law, they cannot be held responsible for negligence. The theory of negligence that is based on contributory could not be an excuse for their actions.
The second category of children is those 7 to 13 years old. Children of this age are believed to be invincible of negligence, however this notion can be challenged by evidence that proves they didn’t exercise the kind of care that a child their age, ability as well as knowledge and experience could have used in the same situation. This is an issue juries will have to decide on in the event that the case cannot be resolved prior to the deadline.
Children who are minors and aged 14-17 may be considered to be accountable for their negligence. They are believed to possess the capacity to recognize the risks of certain situations and to be able to mitigate the danger, unless evidence can be provided to challenge this assumption.
The other variation to the principle of negligence due to contributory causes is referred to as cognitive impairment. If the plaintiff is mentally impaired, they’d be held to the same standards as an ordinary person with similar disorder. For instance, an older person suffering from Alzheimer’s disease or other type of dementia could be compared with a sufferer of the same disorder but not to someone who does not have this cognitive impairment.
Gross negligence is among the most frequent variations to the doctrine of contributing negligence. It is essentially willful or reckless actions that were the source of the plaintiff’s injuries. Gross negligence is an intentional decision that the person at fault was aware of or could cause injury. One example of this is a driver who speeds through a residential area in a 60-mile per hour speed, and strikes someone walking in across the street.
Other typical instances of gross negligence comprise:
- Drunk driving
- Unsuspecting driving
- Speeding up at an excessive rate
- Drag racing on a public roadway
- Texting while driving
Last Chance Clear
The final exception to the law that contributory negligence can be a defense is called the last law of clear-cut chance. The rule states that if the responsible party had the most clear opportunity to avoid the incident, but failed, then the concept of contributory negligence does not provide a defense.
A good example of a obvious possibility is when a pedestrian is walking in a jaywalking manner and then was struck by a vehicle that was speeding. Usually, jay-walking is regarded as negligent and the pedestrian will not be able to recuperate. However, if the operator of the vehicle was aware of the jay-walker and had the sole chance to avoid collision but did not accomplish this in the event of a collision, the pedestrian may be compensated regardless of whether they were negligent in their actions.
How do you open an Auto Accident Claim?
If you believe you have a strong car accident case. You believe the other driver is responsible but your own fault didn’t play a role in the incident or cause it, however, if it did, you believe one of the exceptions is applicable.
Now what? What can you do? the case? North Carolina Car Accident case?
The process is simple. Pick your phone, and then make 2 calls. The first one is to your insurance provider to inform them that you’ve been involved injured in an accident. Not only will this enable them to investigate the claim but also they could also provide directions on how to claim benefits from your Med Pay advantages, if necessary.
The third call should be to the at-fault party’s insurer carrier. Remember, you don’t have to provide them with any information. If they request an recorded statement or details about the crash they should know that you were involved in an accident, and that their insurance collision with you and that you were injured. That’s it.
Once you’ve been able to inform both insurance companies the accident occurred, it is possible that you might have to meet with witnesses. Witnesses are innocent people who might have witnessed the accident and are able to explain what transpired. They are extremely valuable particularly if their interpretation of the events is consistent with the events you claim to have witnessed. Because witnesses generally aren’t interested in the outcome of the incident They are fairly trustworthy sources of information.
The final call you need to make is to your lawyer’s office. Go here find out if you require an attorney to assist you. ALaw Firm assists people who have suffered injuries in an accident. This is the last option I’ll mention however it’s possible to contact your lawyer. This could happen to be your first option you do. If you contact our law firm we’ll handle all the necessary details to have your car accident case open. All you be required to think about is making it to appointments with your doctor and repairing your body. We’ll take charge of everything else.
the Insurance Claims Process in North Carolina
For North Carolina, the insurance claims process requires you to gather all the documentation required by the insurance company in order that they are able to properly assess your claim and determine if and how much they’ll pay you for your injuries.
It’s true The insurance firms are in business of earning profits. The lower the amount they pay to you, they earn more they make each year in profit.
What am I saying to you? this?
Since the moment you were involved in a car crash you entered an arena of battle against a corporation who’s main objective is to give you as little as is possible. There is no doubt about it that insurance companies will pretend to be honest, try to trick you, gather out dirt from your past to put against you and seek to reduce the pain of your case in order to have you settle your case as fast as they can for the least amount of money possible.
If you are aware of it and/or not, an well-funded insurance industry is at work all day long to create ads that discredit those who have been wounded in an accident as well as the lawyers who represent those individuals. They want the public to believe that law firms such as ours are just “ambulance chasers” and that the victims like you are just greedy individuals looking for an “quick money” through the filing of “frivolous suits”.
Take a break for a moment to let it take into.
Doesn’t that sound like how you felt prior to being injured?
Insurance companies are also contributing funds to support campaigns by legislators from both the federal and state levels who are working hard to alter the law regarding the types of injuries that injured persons are able to sue and not. It’s true each year, it becomes increasingly difficult for every day hardworking Americans to take their case in court if they’re injured.
This is precisely what insurance companies would like.
We take on the work we do. We believe that hurt individuals like you require the opportunity to have a voice. If you simply surrender to the pressures that an insurance company places on you, they’ll win. However, you don’t need to give in.
There is no reason to abandon your dream.
This is a battle you can win and we’re here to help.
No one said that the insurance claim procedure is simple. There is no guarantee that the insurance company would accept the claim and issue an enormous check. There is no way to stay out of court if you don’t wish to bring lawsuit.
Being lawyers we are unable to give any assurances about how your lawsuit will go. However, we can assure you that if you surrender, your insurance claim, the company you choose to represent will prevail.
We’re here to ensure you don’t get into trouble. this.
If you have any questions regarding the process for claiming an accident within North Carolina, please feel at ease to contact the number (919) 460-5422. we’ll be more than happy to help you out and guide you through the procedure.
Properly preparing An Injury Claims
The first step in the process for claiming insurance is to gather all of the information the adjuster needs to assess your claim.
It usually happens after you’ve completed all your treatments with your physician, and this could be anywhere from three to six months. Visit this link to find out the details about MedPay in order to assist you to pay the doctor’s bill.
When you are done with your treatment us, we’ll request copies of all your medical records from the doctors you’ve worked with. If you have any existing medical conditions, we will request the records of those doctors, too. We’ll also request copies of all your bills, including the records that detail when payment was made and the person who paid those bills.
While we wait for you to complete treatment, we’ll request the police report from the accident and then begin to track witnesses and collecting their declarations.
In addition, it might be necessary to engage experts who can assist us in the trial. Some of the experts that may be needed are:
Experts in the field of liability that can demonstrate that someone else caused the accident. They could be accident reconstructionists, engineers etc.
Damages experts who will testify about the severity of your current and future damage. Experts can testify to the severity of your injuries and how they impact your earnings capacity and what the future expenses for medical treatment might be.
After we have gathered all these documents and documents, and spoken with witnesses and (if required) spoke to experts on your situation, we’ll write a settlement evaluation for you , which outlines potential resolutions and possible dangers. We will then discuss the assessment with you to ensure we can ensure all parties are on the same page with regards to settlement talks we’re planning to conduct for you.
Once you’ve agreed to our evaluation of your situation, we’ll create an initial demand letter along with the supporting documentation to be sent to the adjuster of insurance. We usually give the insurer 30 days to reply to our demand for settlement.
This is the beginning of the “negotiation” part in your claim. In this phase, we will negotiate with the adjuster to ensure the most favorable result for you. The goal of our negotiation process is to reach a higher amount than the amount that you given us permission to settle your case for. If we’re unable to agree with the insurance provider for an amount acceptable to you, we’ll move to the next stage of the process, which is filing the lawsuit.
The filing of a lawsuit for damages
At the moment it is just a formality. We’ve already studied your case thoroughly, and we are aware of the strengths and the weaknesses of your case and we can anticipate any defenses that insurance companies could present.
However, this does not mean that litigation is straightforward. However, being prepared before the litigation starts makes litigation “easier”.
When a lawsuit is filed, we need to serve the defendant as well as your insurance company (if you’re filing an application for underinsured or uninsured motorist coverage). After they’ve been served, they have 30 day to prepare a reply that will usually include motions to dismiss.
Once we have cleared those initial obstacles The case will then enter into the “discovery” stage. In this phase, the insurance provider will provide you written questions that you must answer under oath. You could be asked to provide an answer in a deposition. We will forward similarly-themed requests to responsible party.
At some point in this process, we’ll try to mediate the situation it is a method which involves a third party mediator who will collaborate with us and the defendant’s side to try to settle the matter. If we’re unable to resolve the matter through mediation then a time for trial will be scheduled.
A trial for a car accident can be anywhere from a few days to several weeks according to the nature and extent of the injuries as well as the number of experts involved. Following the trial the jury will issue the verdict and award damages.
If one of the parties contests the decision the case will be closed. the case.
The final step is the payment will be made by the insurance company . The the funds will be made available to pay experts (as lawyers, we generally advance these costs) medical liens, and attorney’s costs. The remaining funds will be given directly to the victim of the accident.