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A Personal Injury Lawyer in Charlotte Can Help You Get Compensation

CHARLOTTE PERSONAL INJURY LAWYER

If you or a loved one has been seriously injured or someone has died in an accident, it is a traumatic experience, rife with devasting physical, emotional, and financial effects. You may be dealing not only with pain and suffering, but with financial losses due to medical, hospital, and rehabilitation bills in addition to the loss of income from being unable to work.

Fortunately, there is help available to get your life back on track again from our Charlotte personal injury lawyer at the Sumwalt Anderson Law Firm. If your injury was due to someone else’s negligence or fault, we may be able to help you get compensation through insurance or a personal injury lawsuit that can alleviate your financial problems and allow your life to move forward. We offer a free consultation to discuss the circumstances of your case and determine the best way to proceed. Call us today at (704) 377-3770 to get started.

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How Our Personal Injury Lawyer in Charlotte Works for You

A PERSONAL INJURY LAWYER CAN KEEP YOU FROM MAKING COSTLY MISTAKES

Lauren Walker

Personal injury law in North Carolina is complicated and making mistakes 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. This is not a battle you should fight on your own. When you hire our personal injury lawyers, you have an experienced legal team on your side to fight for justice and the settlement you deserve. We can help by:

  • Evaluating your losses and the circumstances of your case to determine what a fair settlement would be
  • Investigating the accident scene and gathering evidence such as surveillance videos, and police and medical reports to show that the defendants were at fault
  • Interviewing witnesses, police officers, and first responders
  • Filing all paperwork in accordance with deadlines, court requirements and North Carolina legal requirements
  • Hiring experts to reconstruct the crash scene and to testify on the extent of your injuries and the suffering you are undergoing
  • Negotiating with insurance companies and their attorneys for a fair settlement
  • Building your case and taking it to trial and advocating for you in front of a jury if necessary.

Be assured that our personal injury lawyers will work for your best interests, proceeding with due diligence and confidentiality and avoiding conflicts of interest.

Types of Cases Our Personal Injury Attorneys Handle

OUR LAWYERS HANDLE A WIDE RANGE OF INJURY CASES

Personal injury lawsuits are civil cases, as opposed to criminal ones. When you file a claim for personal injury, you are attempting to collect financial compensation from the party that was negligent and caused you harm.

The Sumwalt Anderson Law Firm handles a wide range of personal injury cases, including:

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 General Statutes section 28A-18-2, a wrongful death is one caused “by a wrongful act, neglect, or default of another.” If your loved one died as a result of negligent actions by another, our personal injury lawyers will advise you on the legal options available to you.

Damages a Charlotte Personal Injury Attorney Can Win for You

OUR LAWYERS CAN HELP YOU GET A DAMAGE AWARD THAT COVERS YOUR FINANCIAL LOSSES AND PAIN AND SUFFERING

In a successful lawsuit, our Sumwalt Anderson personal injury lawyers can win a damage award that compensates you for both your economic damages, which have a calculable dollar value, and your less tangible, non-economic damages, such as pain and suffering. Punitive damages may be available as well.

ECONOMIC DAMAGES

Economic damages are to cover your monetary costs including:

  • Medical, rehabilitation, and continuing care bills
  • Lost wages and lost future wages, if you are unable to work
  • Property damage and other monetary losses.

NON-ECONOMIC DAMAGES

Noneconomic damages are more subjective and do not have a specific dollar value, so they are often subject to negotiation. They can include:

  • Pain and suffering
  • Emotional anguish and mental stress and anxiety
  • Loss of enjoyment of life
  • Loss of consortium and negative impacts on personal relationships.

PUNITIVE DAMAGES

In some rare situations, North Carolina law allows the injured party to recover punitive damages. Punitive damages are above and beyond compensatory damages and are meant to punish egregiously wrongful acts and serve to deter such acts from happening again. In North Carolina, punitive damages cannot exceed the greater of three times the amount of compensatory damages or $250,000.

Damages for Personal Injury Case Involving a Wrongful Death

DAMAGE AWARDS FOR A PERSONAL INJURY CAN BE SUBSTANTIAL

If you are filing a case for wrongful death of a loved one, you may recover damages that include:

  • Expenses for care, treatment and hospitalization involving the injury that resulted in death
  • Compensation for the deceased person’s pain and suffering
  • Funeral expenses
  • The present and expected monetary value of the deceased person, including net income, services, protection, care and assistance, society, companionship, comfort, guidance, and advice
  • Punitive damages for wrongfully causing the death through malice or willful or wanton conduct, as defined in S. 1D-5
  • Nominal damages found by a jury.

Amounts of Damage Awards a Personal Injury Attorney Can Win

There is a wide range of compensation that may be awarded from a successful personal injury case, from the thousands to millions of dollars. The amount you receive depends on many factors that include:

  • The extent and permanence of your injuries
  • Your age and family responsibilities
  • The costs of your bills and treatment
  • Whether you will require continuing care and modifications to your home and vehicle
  • The circumstances of the accident and available proof of liability and damages
  • The amount of property damage and lost wages
  • The availability of insurance and assets of the defendants
  • The sympathy of the individual judge and jury involved
  • How well your attorney can negotiate a settlement or litigate your case.

Our personal injury lawyer in Charlotte will discuss these factors with you and what range of settlement offers it would make sense to accept. We will also advise you about whether you should consider taking a case to trial. Should your case proceed to court, we are strong litigators who will mount a powerful argument on your behalf. Our personal injury attorneys will fight for justice and all the compensation you deserve.

Charlotte Personal Injury Attorneys Must Prove Negligence

PROVING ANOTHER PARTY WAS NEGLIGENT IS ESSENTIAL TO YOUR CASE

To win your case, our Sumwalt Anderson personal injury attorneys must prove that another party, the defendant in the case, was negligent or at fault for causing the injuries you received. Proving negligence legally means showing the following elements:

  • Duty: The defendant owed you a duty of care not to cause harm
  • Breach: The defendant breached this duty by actions or failure to act
  • Cause: The defendant’s breach caused your injuries
  • Damage: You suffered damages as a result. 

Everyone has a duty of care to act responsibly to avoid harming others, or they may be held liable for damages. Examples of breaching duty and being at fault for causing personal injury include:

  • A drunk driver ran a red light and caused a crash that left you with brain damage and totaled your car.
  • A surgeon committed medical malpractice by leaving a surgical sponge in your body that caused infection.
  • An airbag was defective and exploded, causing severe lacerations and scarring from shrapnel.
  • A property owner failed to fix a broken stair railing, causing you to fall down the steps and break your neck, resulting in paralysis.
  • An unleashed dog ran on your property and attacked you, causing severe bites and scarring.

RECORDS THAT HELP YOU PROVE YOUR PERSONAL INJURY CASE

You must be able to show proof of the damages you suffered. Therefore, to receive maximum compensation for your actual losses from the accident, it is important to save documents such as your medical and therapy bills, past pay stubs to prove wage loss, and receipts for all care and expenses pertaining to your injury and property damage. 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.

Here’s a quick list of items to retain as proof:

  • Photos or videos of the scene of injury
  • Medical and therapy bills
  • Past pay stubs
  • Documents associated with any medical care
  • Bills for, and documentation of, property damage
  • Journal containing comments that related to pain and suffering.

Personal Injury Cases in North Carolina: Frequently Asked Questions

The following are answers to some questions our clients often ask our personal injury lawyers in Charlotte:

  • What if I did something to contribute to the accident?

    North Carolina operates under the contributory negligence doctrine, so that if you are even one percent responsible for the 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.

  • Is North Carolina an at-fault state?

    North Carolina is a “fault state,” which means the party found to be at-fault in an accident is responsible for paying for any resulting property damage and personal injuries. The at-fault party’s liability insurance may cover these damages, or you may pursue additional compensation beyond insurance and target the at-fault party’s assets.

  • Is there a time limit for filing a lawsuit?

    North Carolina has a statute of limitations, which is a deadline for filing a lawsuit. This is generally a three-year period following the date of the accident. If you do not file on time, the courts will probably refuse to hear your case.

  • Should I accept a quick settlement from the insurance company?

    Insurance companies will often make a low offer in return for settling the claim quickly. This is usually less than your case is worth, and once you sign a release, you will not be able to receive anything additional if your injuries get worse in the future. Our attorneys will calculate all damages and evaluate all offers to see if they are fair and negotiate further if they are not.

Can You File Workers’ Comp After a Personal Injury Accident on the Jobsite?

When your personal injury accident or illness occurs during the normal course of performing your job, you may be able to file a workers’ compensation claim. When filing this type of claim in North Carolina, you will need to show that you suffered economically because of your work-related injury. You may have medical bills or you may need to miss work. The team at Sumwalt Anderson is ready to help you present your case.

Count on our workers’ compensation lawyer to always have your best interests at heart. We do not back down when the case is difficult or when we encounter challenges in dealing with the workers’ comp insurer. You deserve compensation, and we will work tirelessly to help you receive it.

Determining the Chances of Winning a Workers’ Compensation Injury Claim

Just because you suffer an injury at work, it doesn’t mean you automatically will receive an award from workers’ comp insurance. You still have to prove that a few circumstances existed at the time of your injury at the worksite, including:

  • You are an employee.
  • You were performing normal job-related duties.
  • The employer is large enough to carry workers’ comp insurance.
  • You missed or will miss work time because of your injury.
  • You accumulated medical bills as a result of the injury.
  • You notified your employer about your injury within 30 days of its occurrence (according to North Carolina law).

Multiple types of injuries can occur at the worksite. A personal injury case could involve a fall from height, a car accident, or a machinery accident. It also can involve exposure to dangerous chemicals over time, leading to an illness or disease. Our team is ready to help with any of these kinds of workers’ compensation cases. We have more than 75 years of experience representing injury victims in the workers’ comp system.

$9
million

Recovered on behalf of a young woman who sustained a catastrophic brain injury as the result of an automobile collision with a large commercial vehicle. Learn More.

$5.2
million

Recovered on behalf of a young woman who sustained catastrophic injuries when she was involved in an automobile accident involving a tractor-trailer truck while she was on the job. Learn More

$4.5
million

Recovered on behalf of the gentlemen (plaintiff/client) who was injured when a mislabeled stack of batteries exploded causing significant burns on his entire body. Learn More

$3.3
million

Recovered on behalf of a husband and wife who sustained serious injuries in a rollover accident in New Mexico. Learn More

$3
million

Recovered for a married construction worker who suffered a catastrophic spinal injury due to a crush injury caused by cargo falling from an 18-wheeler. Learn More

$2
million

Recovered following the death of a young man from Charlotte, NC caused by a rear-ended collision with a tractor trailer that was parked in a travel lane of 1-40 without any lights on. Learn More

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    Charlotte NC Law Firm

    Why Choose Our Personal Injury Lawyers When You Need Legal Help

    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 claim, so you can concentrate on your recovery. Our Charlotte personal injury attorneys always show up prepared for mediation and litigation, and we have earned the well-deserved reputation of not settling claims until our client has been paid every penny 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 throughout the process.

    Our personal injury lawyers offer a free consultation, and you do not have to pay anything unless and until we win your case. Call our team 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.