Do you need a Fayetteville Car Accident Lawyer ? If so, The Bishop Law Firm can help with your case!
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If you have been injured in a Fayetteville Car Accident, you are not alone. According to the NC Department of Motor Vehicles, from 2019-2021, there were 23,334 collisions, resulting in 79 fatalities and 5,153 injuries in Fayetteville, NC. That averages to more than 21 auto accidents in the city limits of Fayetteville a day in those years.
Accident victims are eligible to receive reimbursement for their medical bills, missed time from work and pain & suffering damages. Anyone that is injured in the car accident can have a accident claim, including passengers and children, but to receive compensation the crash must not have been your fault. 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.
Did you get a ticket as a result of your collision?
The first question that needs to be answered regarding your Fayetteville, NC car accident was whether the accident was your fault? If you received a citation (ticket) for the accident that means that the accident was determined to be your fault (you are the negligent driver).
In North Carolina, if you receive a ticket you are not allowed to file suit against the other party due to contributory negligence.
If you need a copy of your automobile accident report you can try the Fayetteville Police Department or the Cumberland County Sheriff’s office. Unfortunately, the accident report may not be helpful if no one received a citation.
Fayetteville Car Accident Lawyers can help decipher the accident report to determine if the crash was caused by the other driver’s negligence.
*If you were injured in a car accident while you were working, you may have a NC workers’ compensation case as well as a personal injury claim. Our firm also handles Workers’ compensation cases in Fayetteville.
The Car Accident Scene
After a collision, the car accident scene can often be chaotic and confusing. In a perfect world, you would have been able to give a statement, gathered the contact information of any witnesses to the collision, exchanged insurance information with the at-fault driver(s) and taken photos of your vehicle at the scene of the collision.
If you were unable to do any of the above, either because of your injuries or the circumstances of the collision, do not worry! This information can be collected through the process of investigating your personal injury claim. There is also a helpful handout about car accident protocol by the North Carolina Advocates for Justice ( NCAJ ) found here .
What medical treatment is needed?
After a car collision, the severity of your injuries dictates the medical treatment you should seek. Left untreated, serious injuries, can result in lifelong problems.
The right thing to do is to receive treatment for your injuries as soon as possible after the collision, and to get the treatment that is necessary for you to recover from the injuries you suffered at the hands of the at-fault driver.
If you went to the emergency room after the wreck, you likely informed the medical professionals about the facts of the accident and the parts and areas of your body that were in pain. If necessary, the medical professionals likely performed physical exams and diagnostic tests, such as x-rays, CT scans, and/or MRIs, to properly diagnose your injuries.
If possible, document the progress of your injuries with photographs from the date of the collision until fully recovered. If you did not take photos from the outset of your Cumberland County car wreck, now is the time to start!
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
What is pain and suffering?
In North Carolina, pain & suffering damages cover the physical pain and mental suffering that a victim has to endure due to the injury they have sustained. If you break your leg, you will experience not only physical pain but also mental and emotional distress. Unfortunately, injuries can leave us with scars that affect our self-esteem.
You could develop depression, vehophobia, anxiety or post-traumatic stress disorder after your injury. This is what pain and suffering damages attempt to compensate you for. Since all of us have different pain tolerance levels and mental dispositions, how do you determine the damages in individual cases?
Some personal injury lawyers use medical bills as part of an equation to arrive at a suitable amount for pain & suffering. The equation is medical expenses + lost wages and accident related expenses x a multiplier (usually 1.5 – 5). For example, Minnie Mouse has $15,000 in medical bills and $5,000 in lost wages which results in losses of $20,000. You then multiple $20,000 X 3 which would result in a request of $60,000 for pain and suffering. The multiplier increases from 1.5 to 5 based on the severity, longevity, treatment and residuals of the injury, among other issues.
It naturally follows that the greater the injuries, the greater the medical expenses, and thus the greater the damages, but there are always exceptions. In our firm’s experience the insurance adjuster and insurance company will want to pay as little or nothing for pain and suffering in an injury claim.
What about the hours I have missed at my job?
During your recovery, if you had to miss time at work or use your paid leave time, you may be entitled to compensation for lost wages. You should notify your supervisor of your wreck, injuries, and treatment schedule to be sure your employer is aware of your circumstances. Make sure to document when, why, and the number of hours or paid leave you had to miss or use during your recovery. Also read Lost Wages and Earning Capacity in NC Car Accident Cases
Do you need a Fayetteville Car Accident Lawyer?
It depends. If you were not at-fault and injured as a result of the car accident and are having difficulty with the at-fault driver’s insurance carrier, you may need a Fayetteville car accident lawyer.
If you want advice on negotiating with the insurance company to be sure that you are obtaining the fair compensation you are entitled to under North Carolina law, you should call a Fayetteville Car Accident Attorney.
Frequently asked questions
- How much can an car accident lawyer charge? Our contingent fee law firm charges 33.33% for representing car accident victims. This means that we are paid solely off how much money we recover for our clients. If we do not recover for our clients, we do not get paid.
- How do I choose a car crash lawyer? We would love to tell you that it’s all about experience or diplomas on the wall (we have both), but the real answer is passion. You should choose a car accident lawyer that is passionate about what they do. To quote our mentor, “if you love doing it, you just do it better.”
- What if you can’t afford a car accident lawyer for a personal injury case? The Bishop Law Firm is a contingent fee law firm which means that we get paid out of your settlement, so there are no retainer fees or upfront costs. If you decide not to hire a lawyer because you don’t want to pay a lawyer, you will have to deal with the insurance company alone.
- Will I get more settlement money with a personal injury lawyer? No one can guarantee you more money if you have a lawyer in any legal case. But having a personal injury lawyer can help with gathering evidence, negotiating with the adjuster, obtaining experts, preparing you for litigation and making sure that your settlement includes all accident related expenses.
- Why do you need to hire a personal injury lawyer? Negotiating with an insurance adjuster can be extremely frustrating especially when you are injured or have lost someone you care for. Frequently, litigation is needed to realize a better settlement. A personal injury lawyer can help keep your claim on track from the adjuster’s desk to the judge’s bench, if necessary.
- When should you hire a personal injury lawyer after a car crash? We have clients that hire us immediately after the accident and others that wait much later. The sooner you hire a attorney, the sooner you have someone on your side.
- How long will it take to settle your personal injury claim? The answer to this question depends on many factors. We do not even begin to discuss settling until our client has received all appropriate medical treatment. If future medical treatment will be needed, we need to know the value of that medical treatment before we discuss settlement. In addition, if a insurance adjuster is not willing to offer a reasonable settlement, we may have to file a personal injury lawsuit which can add substantial time to a case.
- What injuries can you claim for after a car accident? You can claim any accident-related injuries. You can also claim exacerbation of pre-existing injuries but you will need medical evidence to demonstrate how the accident caused or exacerbated your injury.
- What can I claim for after a car accident? In North Carolina, a car accident victim can claim medical bills, lost wages, pain & suffering and punitive damages (rare) if the at-fault’s party’s actions were “egregiously wrongful.”
- Who pays a personal injury claim? The at fault party’s auto insurance company should pay for the personal injury claim. However, if there is any doubt about liability the insurance company may deny a personal injury claim. NC is a “contributory negligence” state which means that if the victim was at fault in any way (generally) they can not recover.
The Bishop Law Firm helps accident victims with motorcycle crashes, truck accidents, pedestrian accidents, bicycle accidents and car accident cases in the Fayetteville area on a contingency fee basis (we do not get paid unless you win). Call us today at (919) 615-3095 or start your free case review now!
Also read NC Car Accident Lawyer