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PERSONAL INJURY
  • Unsafe Premises Liability
  • Product Liability
  • Medical Malpractice
  • Workplace Accidents
  • Car Accidents
CRIMINAL DEFENSE
  • Misdemeanor Charges
  • Felony Charges
Home
PERSONAL INJURY
  • Unsafe Premises Liability
  • Product Liability
  • Medical Malpractice
  • Workplace Accidents
  • Car Accidents
CRIMINAL DEFENSE
  • Misdemeanor Charges
  • Felony Charges
More
  • Home
  • PERSONAL INJURY
    • Unsafe Premises Liability
    • Product Liability
    • Medical Malpractice
    • Workplace Accidents
    • Car Accidents
  • CRIMINAL DEFENSE
    • Misdemeanor Charges
    • Felony Charges
  • Home
  • PERSONAL INJURY
    • Unsafe Premises Liability
    • Product Liability
    • Medical Malpractice
    • Workplace Accidents
    • Car Accidents
  • CRIMINAL DEFENSE
    • Misdemeanor Charges
    • Felony Charges

CAR ACCIDENTS

Pursuing a personal injury claim for a car accident in North Carolina involves several important steps. Here's an overview:


1. Seek Medical Attention

  • After a car accident, it’s essential to seek medical care, even if you don’t feel injured immediately. Some injuries, such as whiplash or internal injuries, may not be apparent right away.
  • Document all medical treatments, diagnoses, and expenses, as they will be crucial for your claim.


2. Report the Accident

  • You are required to report the car accident to local law enforcement if the accident involves injury, death, or significant property damage.
  • The police report will serve as an important piece of evidence for your case.


3. Gather Evidence

  • Collect as much evidence as possible from the scene, including photos of the accident, vehicle damage, injuries, and the surrounding area.
  • Exchange information with other parties involved, including names, addresses, phone numbers, driver’s license numbers, and insurance details.
  • Collect the contact information of any witnesses.


4. Determine Fault

  • North Carolina follows contributory negligence laws. This means that if you are found to be even 1% at fault for the accident, you may not be able to recover damages.
  • The insurance companies or the courts will determine fault based on the available evidence.


5. File an Insurance Claim

  • Notify your insurance company and the at-fault party's insurance company about the accident. Be cautious when speaking with insurance adjusters, as their goal is to minimize payouts.
  • In North Carolina, your own insurance policy (such as Personal Injury Protection) may cover certain costs, even if the accident was not your fault.


6. Negotiation & Settlement

  • In many cases, personal injury claims are settled without going to trial. Your attorney may negotiate with the insurance company for a fair settlement.
  • If the insurance company refuses to offer a satisfactory settlement, you may need to file a lawsuit to seek compensation for medical bills, lost wages, pain and suffering, and other damages.

7. Statute of Limitations

  • In North Carolina, you generally have three years from the date of the car accident to file a personal injury lawsuit. After this period, your claim may be barred, so it's important to act promptly.


8. Consult with an Attorney

  • It’s a good idea to consult with a personal injury attorney who specializes in car accidents. They can help navigate the legal complexities and work to maximize your compensation.
  • An attorney can help you gather evidence, communicate with insurance companies, and represent you in court if necessary.


9. Damages You Can Claim

  • Medical expenses: past and future.
  • Lost wages: compensation for time off work due to injuries.
  • Pain and suffering: compensation for emotional distress or pain.
  • Property damage: costs related to repairing or replacing your vehicle.
  • Loss of enjoyment of life: if your injuries prevent you from engaging in hobbies or activities.


10. Final Considerations

  • If you are partially at fault for the accident, North Carolina’s contributory negligence rule can limit or prevent recovery. A strong legal defense can help if your involvement in the accident is disputed.
  • Keep detailed records of all communications, medical visits, and other related activities.

Pursuing a personal injury claim can be complex, and understanding the specific laws and requirements in North Carolina is essential for a successful case. Consulting an experienced attorney can significantly improve your chances of achieving a fair outcome.

Sean Ramkaransingh

Copyright © 2025 Sean Ram - All Rights Reserved.

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