Urgent Care locations in North Carolina:
- FastMed Urgent Care
- 160 Hendersonville Rd., Asheville, NC 28803
NextCare Urgent Care
- 4815 Oleander Dr., Wilmington, NC 28403
Aftermath of a Traffic Accident
If you were in a car accident, it is likely you will be contacted by an insurance adjuster eager to offer you a settlement. For a minor accident, the first settlement offer you receive may enough to cover your medical bills
But that isn’t true for all traffic accident victims, and you may have to negotiate a better settlement. You will get an optimal settlement if you enlist an accident lawyer
Aftermath of a Workplace Accident
Worker’s compensation covers the injuries resulting from an accident on the job, but you may have to appeal a decision if your benefits don’t cover your expenses and lost wages. In that case, you could benefit from legal representation.
Why Should I Hire an Accident Attorney?
Some accident cases are cut and dry. The at-fault party is easily identified, and liability is apparent, but not all cases are easily resolved, and victims face a high burden of proof. You need
Product Liability
Thousands of Americans are injured by defective or poorly designed products, tainted foods or medications without proper warnings. If you want to file a product liability claim, you need to be aware that such claims are hard to prove, so you need access to experts, medical professionals, and legal professionals.
Premises Liability
If slip on a wet floor and hit your head in a restaurant or fall down a flight of rickety stairs in an apartment building, you may have grounds to file a property accident claim. Dog bites, accidental drownings, and are examples of accidents that warrant a premises liability claim.
Like product liability claims, you must demonstrate fault and negligence to have a successful premises liability claim and to do that you need someone with legal expertise on your side.
Shared Fault
In many cases, both parties involved in an accident are to blame in varying degrees. When the issue of shared fault comes up, you need someone to counter those claims and work to reduce your percentage of responsibility.
Claims Against the Government
If your injury were caused by a government employee, a different set of rules would apply to your personal injury claim. Under N.C. Gen. Stat. section 143-299, you are required to file your claim within three years of your injury.
How can North Carolina personal injury lawyers help accident victims with damage compensation?
Accident attorneys in North Carolina can fight for a victim’s right to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages. Personal injury attorneys are aware of an insurance company’s desire to close out claims quickly, so it is imperative to contact legal counsel shortly after an accident to avoid an insurance company’s aggressive approach with a low settlement offer. Utilizing experts in various fields, a lawyer will build a strong case by:
- sending investigators to the accident scene,
- reviewing police reports, witness testimony and medical reports,
- hiring appropriate financial experts to make valuations of loss,
- determining the preliminary cause of the accident,
- supporting victim’s rights against insurance companies, and
- drafting and filing complicated insurance and legal documents.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, physical injury and wrongful death loss that requires legal action to address costs above insurance policy coverage limits.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. A North Carolina accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation, and assist in determining what types of compensatory award damages are necessary to address the economic losses, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic harms, including pain and suffering, loss of consortium, or companionship. Non-economic damages are capped at $500,000 and an attorney can guide victims regarding case-specific award valuations.
Punitive damages are compensation meant to punish the individual who caused harm, or injury and loss to the victim. They are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, and are awarded based on case pleadings. Punitive damages are not allowed in certain cases, but they are capped at $250,000 and an experienced lawyer can apprise victims on case-specific details.
When personal injury is caused by another’s actions in North Carolina, the statute of limitations gives an accident victim three years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. A personal injury attorney can apprise individuals of any deviations from that timeline.
Motor vehicle.
In North Carolina, an accident report does not need to be filed with the North Carolina Department of Motor Vehicles, but accidents involving death, injury, or significant property damage above $1,000 must be reported to North Carolina police.
A North Carolina auto accident attorney can explain car insurance requirements and how they will affect the recovery of compensation after an accident, utilizing the contributory negligence rule. North Carolina car accident victims can sue the negligent driver for compensation. The victim’s liability in causing the accident, their contributory negligence, affects the amount of compensation the victim receives.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent upon proving that the individual, or entity was negligent, they caused the injury and owed a duty of care to the victim. If a criminal component exists, that legal action may impact the civil case outcome.
Premises liability.
When an individual is hurt on another person’s property, they may take legal action if the accident was caused by poor property conditions, including improper maintenance, upkeep, or from unforeseen interactions with occupants, or other visitors on the premises. For example, an invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
North Carolina medical malpractice actions occur when a person is injured while under the care of a practicing health care professional. Legal action must be filed within the three year statute for injury, but victims should always check with a medical malpractice attorney to ascertain if there are deviations from that timeline. Non-economic damages are capped at $500,000 in North Carolina personal injury cases. Punitive damages awarded against a defendant shall not exceed three times the amount of compensatory damages or two hundred fifty thousand dollars ($250,000), whichever is greater. Always check with an experienced medical malpractice attorney because there are exceptions to damage rules.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the North Carolina Department of Labor Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In North Carolina, family members, or legal representatives must file a wrongful death legal action within three years from the date of the incident that caused an untimely death, in order to secure compensation because of the negligent, reckless, or deliberate act of another. A North Carolina wrongful death attorney can assist with damage valuations and timelines relevant to a case. Compensation may cover:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages compensation,
- Compensation for pain and suffering,
- Punitive damages based on individual case.
Accident victims should take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, and work toward damage recovery.
