Our Charlotte Workers’ Comp Lawyer Can Help You Get a Maximum Settlement After You Reach MMI
North Carolina workers’ comp insurance [...]
Car accidents are a major cause of serious injuries and deaths, leaving survivors emotionally traumatized and dealing with devasting physical, mental, and financial effects. If you or a loved one has been a victim of a crash, you may be facing long-term pain and suffering and mounting medical, hospital, and rehabilitation bills, at a time when you are unable to work. It is a difficult time for you and your family, and it’s hard to know where to turn.
Fortunately, there is help available to get your life back on track again from a Charlotte car accident lawyer at the Sumwalt Anderson Law Firm. If the accident was caused by someone else’s negligence or fault, we can take the burden off you. We’ll help you get compensation through an insurance settlement or a lawsuit that goes to trial.
A successful recovery in your car accident case can alleviate your financial problems and allow you to concentrate on your health and rebuilding your life. Our Charlotte car accident lawyers offer a free consultation. Let’s discuss the circumstances of your case to determine the best way to proceed. Call us today at (704) 377-3770 to get started.
North Carolina laws regarding car accidents, insurance, and liability are complicated, and making mistakes or overlooking damages can be costly. Insurance companies are out for profit and have high-powered lawyers on staff who will try to get you to accept the lowest amount possible. When you have an attorney advocate for you, insurance companies are more likely to negotiate in good faith. They want to avoid a lengthy and expensive trial.
When you hire our Sumwalt Anderson car accident lawyers, you have an experienced legal team on your side to fight for justice and the settlement you deserve. We can help by:
Our car accident lawyers will do everything possible to work for your best interests, proceeding with due diligence and confidentiality and avoiding conflict of interest.
If the accident has resulted in the death of a loved one, we can file a wrongful death lawsuit on your behalf. A wrongful death case is like a personal injury case where the personal representative of the deceased person’s estate files for damages, as the deceased can no longer do so. According to North Carolina Statutes section 28A-18-2, a wrongful death is one caused “by a wrongful act, neglect, or default of another.”
Damages are a term that refers to the injuries and losses you incurred in an accident and also to the award that compensates for them. Depending on the circumstances of the accident, you may receive a damage award through a settlement with the other driver’s insurance company.
North Carolina requires the following insurance coverage to legally operate a motor vehicle:
North Carolina law (G.S. 20-279.21) also requires insurance coverage for uninsured/underinsured motorists, as well as minimum bodily injury and property damage limits. If the at-fault party has no insurance, you would file your claim for damages with your own insurance company.
In a serious auto accident with major injuries, such as a brain injury or spinal cord injury, insurance may not be enough to cover your losses, and it may be necessary to file a lawsuit for damages that go beyond insurance.
In a successful lawsuit, our Sumwalt Anderson car accident lawyers can win a damage award that compensates you for both your economic damages, which have a specific monetary value, and your less tangible noneconomic damages such as pain and suffering. In some cases, punitive damages may be available as well.
Economic damages, also called special damages, are to cover your monetary costs, including:
Non-economic damages, also called general damages, are more subjective and without a specific dollar value, so they are often subject to negotiation. They can include:
While economic damages pay your bills, non-economic damages benefit you directly to compensate for the negative effects of the accident. The amounts received for non-economic damages are usually higher than payments for economic losses. While no amount of money can make up for extreme suffering, the compensation will help you and your family lead a better life without the burden of financial worries.
In some rare situations, North Carolina law allows punitive damages above and beyond compensatory damages. Punitive damages are for the purpose of punishing egregiously wrongful acts and serving to deter such acts from happening again. The most common situation in which punitive damages are awarded are accidents in which the at-fault party was driving under the influence of alcohol and/or drugs. Punitive damages cannot exceed the greater of three times compensatory damages or $250,000. Since pain and suffering can be compensated in North Carolina, you should keep a journal and take relevant photographs and videos to document how the injuries have negatively impacted your life.
If you are filing a case for wrongful death of a loved one, you may recover damages that include:
When you contact our Charlotte car accident lawyers, we will evaluate your individual situation and have an idea what your case may be worth. Factors to be considered include:
Our car accident attorneys will discuss these factors and how they affect your case. We will then have a better idea of what range of settlement offers it would make sense to accept, as well as whether you should consider taking the case to trial.
To win your case, our Sumwalt Anderson car accident attorneys must prove that another party — the defendant in the case — was negligent or at fault for causing the injuries you received. There are certain legal elements that must be proved, as follows:
Unlike most other states, North Carolina operates under the contributory negligence doctrine. This means that if you are even one percent responsible for the car accident, you will not be eligible to recover compensation for damages. Our attorneys will fight to show that you are not responsible and the defendant was completely at fault.
Fortunately, there are some situations where the other driver is almost always at fault. These include:
In other situations, when fault is not immediately obvious, we will gather evidence and use the help of experts to reconstruct the accident to determine that the other party was at fault.
The following are answers to some questions our clients often ask our car accident attorneys:
During our representation of those who suffer brain injuries in an accident, our Charlotte personal injury lawyer fields a few common questions, including the following.
Is North Carolina an at-fault state?
Is there a time limit for filing a lawsuit?
Does the statute of limitations apply to insurance claims?
Should I accept a quick settlement from the insurance company?
When people think about injuries on the jobsite, they may pay close attention to falls or accidents involving large machinery. Any such injury related to one of these situations could result in long-term health issues. However, a potential job-related injury that happens with more frequency and that deserves more attention relates to a car accident.
When you are driving a car for work, even if you are driving a personal car, you have the right to seek a workers’ compensation claim after an injury accident. Car accidents can result in extremely serious injuries, leaving victims unable to return to work in the near future. As long as you are performing work-related duties at the time of the car accident, you may be able to receive money for your injuries and lost work time through workers’ comp.
One thing to note about car accident cases involving work is that it doesn’t matter if you or someone else caused the vehicle accident. Even in an accident that was your fault, you still could potentially receive reimbursement through workers’ compensation should you end up with medical bills or missed time at work.
A challenging aspect of filing a workers’ comp case after a car accident is that your employer may balk at the idea that you were performing work-related duties at the time of the crash. The employer may try to claim you were running personal errands or were driving the company car without permission from your boss. Our workers’ compensation lawyer at Sumwalt Anderson knows how insurers try to treat victims in accidents like this. When you choose to hire us, we will stand up for your rights and bring the facts to the insurer, seeking the best possible outcome.
At Sumwalt Anderson, we know North Carolina law, the judges, and the system, and have the resources necessary to achieve successful outcomes for our clients. We handle all the paperwork, processes, and legal hurdles required with a car accident claim, so you can concentrate on your recovery. Our legal team prepares diligently for mediation and litigation, and we have a well-deserved reputation of not settling claims until our clients are paid everything they are entitled to.
We strive to provide superior representation tailored to the specific needs of each client, and we always treat our clients, adversaries, and professional peers with dignity and respect. We will be there to answer your questions and concerns at all times.
We offer a free consultation, and you do not have to pay anything unless and until we win your case. Call us today at (704) 377-3770 so we can get started working for justice and the settlement you deserve while evidence is fresh and witnesses can be found.