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North Carolina Auto Accidents
If you suffer from injuries sustained in North Carolina because of a car accident caused by another's fault, you may be able to receive compensation for your damages, losses, and/or injuries. This includes:
- Any lost future earning capacity
- Costs or out-of-pocket expenses that you have incurred because of the automobile accident, like towing and storage fees
- Repair or replacement of your vehicle and any property damaged or destroyed in the accident, such as personal property stored in your vehicle
- Past, present, and future bills for medical treatment related to your auto-accident injuries
- Emotional distress damages
- Permanent disability and disfigurement damages
- Lost wages for time missed from employment (including time spent going to doctor's appointments, physical therapy, and court appearances)
- Cost of hiring help to do household chores (cleaning, lawn care, cooking, shopping, childcare, etc.) that you are no longer able to perform
North Carolina Is A Tort Liability State
North Carolina has adopted a system of tort liability for auto accident laws, as have 27 other states. These tort liability states allow the litigation process to address the damages that stem from car wrecks happening within the state. There are no thresholds or legal limits placed upon injured victims' abilities to file suit. So, if you are involved in a North Carolina car accident, a driver will be determined to be the cause or "at-fault" for the accident. Once that party is considered "at-fault" under auto accident law, he or she becomes legally responsible for all resulting crash damages. Damages are usually processed through the auto insurer of the at-fault driver. Because North Carolina operates as a tort liability jurisdiction, many auto insurers suggest to their clients that they consider buying higher auto insurance coverage limits than the state minimums.
Are There Deadlines for Filing North Carolina Accident Injury Claims?
North Carolina's statute of limitations (time limits for filing legal claims) law affords injured accident victims with three years from the date of an auto accident to file a legal claim against the party deemed at fault for the collision. So, if you and/or your North Carolina-based car collision lawyer decide to file a civil lawsuit for your personal injuries, the suit must begin before the statute of limitations ends and time runs out for asserting your claim. Time is of the essence in making your auto collision claim, so as a general rule, it is wise to seek early and frequent legal advice as soon after you have received medical treatment as possible. Delays could prejudice your claims and interests in serious, permanent, and fatal manners.
What Is the Role of Negligence in North Carolina Car Accidents?
To collect a recovery from a car crash claim, North Carolina law requires you (or your lawyer) to prove the other driver was negligent in his or her behavior behind the wheel. You must demonstrate the following legal elements to successfully plead your car accident injury claim in North Carolina:
- The driver who caused your injuries had a responsibility and legal duty not to injure you and failed to live up to that legal duty.
- There is a connection between the other driver's responsibility and your resulting personal injury.
- You suffered damages or a financial loss as a result of the automobile accident.
Locate a Local North Carolina Auto Collision Lawyer Today
A North Carolina car accident lawyer can represent you in court and can examine and evaluate your individual case to assess possible bases for recovery and probable damages stemming from the car crash at issue. He or she can highlight strengths and weaknesses of your case and outline the likely timeline for negotiating and/or litigating your particular claim, and can also help you avoid the land mine of contributory negligence affirmative defenses. A North Carolina auto accident lawyer can guide you in navigating the state court system and best position your claim for maximum recovery. Call now to speak with a car collision lawyer in North Carolina at 877-913-7222.