Do you need a Car Accident Lawyer in Durham, NC? If so, The Bishop Law Firm can help with your case! Read on for more information.
If you have been involved in a Durham Car Accident, you are not alone. According to the NC Department of Motor Vehicles, in 2016, there were 12,643 auto crashes and 3,259 injuries in Durham, NC. That averages to almost 9 Durham auto accident injuries a day. In Durham County in 2016 there were 22 car accident fatalities. Unfortunately, distracted and drunk driving contributes substantially to these numbers.
Was the Durham Car Accident your fault?
The first question that needs to be answered regarding your Durham NC car accident was whether the accident was your fault? NC is a contributory negligence state which means that if you are even 1% at fault for your injury you can not recover. If you received a citation (ticket) for the accident that means that the accident was determined to be your fault. In North Carolina, if you receive a ticket you are not allowed to file suit against the other party. Assuming that the other party was at fault, we will proceed.
NC Personal Injury Law
If you are have suffered a bodily injury in a car crash through no fault of your own, you can recover for the costs of your medical expenses, lost wages, and pain & suffering (non-economic damages), etc. Punitive damages are rarely awarded. In order for you to recover from NC Personal Injury Litigation, you must file your case in court before the statute of limitations runs out.
If you are injured in a car accident while working, you may also have a NC Workers’ Compensation case. Property damage (damage to your vehicle from the accident) is not covered under a personal injury claim and clients usually have a separate adjuster for their auto repair insurance claim.
The Car Accident Scene
Hopefully, you have never been in an car accident before so we should discuss what happened at the scene. At the scene of the accident, the investigating officer took statements, you were given witness contact information, you obtained the at-fault party’s insurance information and you took photos of your vehicle before you went to the emergency room or other medical facility. If you were unable to take photos of your vehicle right after the accident, now is the time to do so!
What medical treatment is needed?
An accident victim should immediately go to the hospital after an automobile accident and follow all medical advice. If you continue to have pain, ongoing medical treatment documents the health issues you continue to have from the accident. If you wait a week or longer to receive medical treatment for your injury, it will be difficult to prove that the car accident was the cause of your injury.
Most emergency rooms offer x-rays as a quick way to rule out broken bones in an accident victim. However, there are many injuries that x-rays do not show. If you are having pain even after having x-rays, consult your regular doctor for a referral to a specialist who may be able to help.
When more serious injury has been ruled out, physical therapy or chiropractic treatment can be done to ease car accident injury symptoms. But, before seeking chiropractic treatment, make sure that your type of injury will benefit from adjustment.
If you are instructed to use a brace, a cane, cast, etc., you should also take photos of your injury at every step of your healing journey. These visual images help quantify your pain & suffering.
Our Firm has written several posts on personal injury after a car crash. Even if your car accident injury is not listed below, we still can help!
- Back Injury After Car Accident
- Neck Injury After Car Accident
- Chiari Malformation After Car Accident
- Brain Injury After Car Accident
- Blunt Force Trauma To Head From Car Accident
- Shoulder Injury After Car Accident
- Leg Injury After Car Accident
- Foot Injury After Car Accident
- Skin Injury After Car Accident
- PTSD After Car Accident
- Vehophobia After Car Accident
- Chronic Conditions From Car Accidents
- Delayed Symptoms After Car Accident
Lost Wages and Expenses
If you are missing work, you need to document the days that you are missing and what the pay for those days would have been. Some days you miss may be paid as overtime days so that needs to be accounted for. In addition, you may accumulate expenses for medical equipment (bandages, crutches…) as well as mileage to/from your doctor visits. All accident-related expenses should be factored in before settling your auto accident claim.
Do you need a Car Accident Attorney Durham, NC?
Receiving compensation for your personal injury should be as simple as filing a claim with the insurance company. Unfortunately, dealing with the insurance company is not always simple. Some adjusters will sit on a claim until the statute of limitations has run, while others will try to settle the moment the claim touches their desk and before the victim has received all necessary medical treatment. A Durham Car Accident Lawyer can help your case move though the claim stage without gathering dust on an adjuster’s desk.
Should you settle for what the adjuster is offering or go to trial? Will going to trial result in higher compensation or just higher cost? Legal advice from an experienced accident lawyer can help you answer these tough questions and avoid pitfalls with your auto accident injury case.
If you are having a difficult time with the insurance company or if you want advice on obtaining all compensation you are entitled to under North Carolina law, you should call a Durham NC Car Accident Lawyer. You should not have to pay twice for someone else’s negligence.
The Bishop Law Firm handles Durham Car Accident injury (car accident, truck accident, motorcycle accident and pedestrian accident) cases and we do not get paid unless you win! Call us today at (919) 615-3095 for a free case evaluation.
Also read: NC Car Accident Injuries and Settlements