The personal injury lawyer at The Bishop Law Firm represents injured victims in motor vehicle accidents. We do not get paid unless we win (on a contingency fee basis). We also offer case reviews.
Start your free case review online now or call us at (919) 615-3095.
What does a Car Accident Lawyer do?
If you are wondering what a Car Accident Lawyer can do for your injury claim or if you even need to hire a legal representative, we are here to give you some food for thought.
Car Accident Lawyers know the law and what a victim is entitled to recover.
Having this knowledge helps a car accident victim recover what they are entitled to under the law, not simply what the insurance company tells them they will pay.
Car Accident Lawyers Know Relevant Personal Injury Law.
Below are five relevant North Carolina laws that can affect a victim's personal injury claim.
1. North Carolina Drivers Have a Duty
North Carolina drivers owe a duty to other drivers and pedestrians to operate their vehicles reasonably to avoid injuring others.
A reasonable driver would follow traffic laws and drive safely.
If a driver breaches this duty (negligence) and causes a car accident in which a victim is injured, the injured party can have a claim against the at-fault driver and their auto insurance if they did not cause the accident in any way.
Also view: Do I have an NC car accident injury case?
2. Victims must not be Contributorily Negligent
North Carolina is one of the four remaining contributory negligence states (along with Alabama, Maryland, and Virginia).
This means that the car accident victim must not be at fault to recover for their car accident injuries.
For example, if a car accident occurs because the at-fault party ran a light and the victim ran a red light as well, the victim may not be able to recover their losses due to their contributory negligence.
Contributory negligence often results in unfair outcomes for victims, but it is the law in our state.
One exception to contributory negligence is the “last clear chance doctrine”.
The last clear chance doctrine can help victims if the at-fault party had the last opportunity to change course and avoid the injury.
Also read What not to do after a Raleigh Car Accident.
3. Proving Liability in Car Accident Cases
After a car crash and while at the accident scene, the police officer will usually cite the at-fault party and include a description of the accident at the bottom of the 2nd page of the accident or police report.
As a matter of course, it is challenging to get accident reports corrected.
In some cases, no one receives a ticket, but it is still clear who is at fault.
In other unfortunate cases, it’s difficult to determine who is at fault, which usually results in arbitration for property damage claims and litigation for those seeking compensation for injuries sustained.
Reviewing police reports and obtaining the opinion of accident reconstruction specialists to prove liability are tasks that a car accident lawyer can help a victim with.
Also read Raleigh Car Accident Reports & Twenty Steps to Take After a Raleigh Car Accident.
If you were injured while at work in a motor vehicle accident, you could have an NC Workers’ Compensation case as well as a car accident claim.
4. North Carolina Statute of Limitations
How long after a car accident can you sue in North Carolina? NC has a three-year statute of limitations from the date of injury.
If your loved one was killed in a car accident, you have two years from the date of death to bring suit.
5. What can a Car Accident Victim Recover?
If you have been injured in a car accident through no fault of your own, you can recover the costs of your missed time from work, medical expenses, be compensated for your pain and suffering, and receive punitive damages (under certain circumstances).
Ongoing medical treatment, future medical bills, and lost wages should also be included if warranted.
Pain and Suffering (non-economic damages) attempt to compensate car accident victims for 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.
Punitive damages are awarded to punish the at-fault party for egregiously wrongful acts.
Drunk drivers who harm others while behind the wheel may be liable for punitive damages.
However, simply causing an accident due to distracted driving may not rise to the level of “egregiously wrongful.”
Also read Raleigh Car Accident Injuries
Increase Value
Simply hiring a car accident attorney can increase the value of your claim, as hiring an attorney increases the chances of the case being litigated.
Personal injury lawsuits are expensive, and most insurers want to avoid them. To avoid litigation expenses, an insurer may offer more financial compensation.
While attempting to increase the value of your claim, a Raleigh Car Accident Lawyer will:
Deal with Insurance Company - A car accident lawyer can help you deal with the adjuster and opposing counsel (if you file litigation).
Dealing with an insurance company can be tricky. You need to give them enough information to allow them to pay your claim, but not so much information that you give them ammunition against you.
In addition, the insurance adjuster will need evidence to pay your claim.
Before presenting evidence to the adjuster, the injured party needs to know what that evidence contains so they can address any issues that may arise later.
Dealing with opposing counsel is definitely a task for your Auto Accident Lawyer.
Gather Necessary Evidence
A car accident lawyer can also gather all the evidence you need to demonstrate your serious injuries and their consequences to the insurance adjuster or jury.
Medical records and bills (depending on the health care facility) may require specific releases to obtain documents, and billing requests may go to entirely separate entities.
Still, you must account for all your damages to get fair compensation.
Liens must be repaid in North Carolina. Simply saying that you did not know about them will not work.
A Raleigh Car Accident Lawyer can find out if the provider has the right to have a lien, if they have perfected that lien, and make sure that all charges on the lien are related to your accident.
Necessary evidence in a car accident case varies from case to case.
The at-fault party's driving history, news articles about the accident in question, evidence of criminal charges brought against the at-fault party, photos of everything, opinions of accident reconstruction experts, traffic camera footage, cost of future medical treatment for serious injuries, wage loss, as well as maps of the location of the accident are just a few things a victim may need to get maximum compensation.
Investigate Your Claim and the Parties Involved
A Raleigh Car Accident attorney will review your accident to determine how the at-fault party's negligence caused your injury.
The accident needs to be investigated step by step to ensure that causation can be demonstrated during insurance company negotiations or to a jury.
Unfortunately, there are drivers on the road who should not be there.
They may have been told not to drive by their doctor or may even have lost their license previously due to a DUI. They may be fugitives from justice, and the car they were in was stolen.
Your attorney can help you get the intel on the at-fault party.
If the at-fault party has a history of the type of behavior that led to your accident, and it rises above ordinary negligence, you may have a claim for punitive damages, but you will not know this until you research the parties involved in the case.
Negotiating on your behalf with the insurance company
At our firm, we send a demand to the insurance adjuster to request a fair settlement.
The demand contains information that insurance adjusters can use to complete a review of your claim in insurance software (namely, Colossus).
After giving the adjuster time to review, we begin negotiating the car accident claim.
Negotiation is not for the faint of heart. After a while, most people become frustrated with the parties' dialogue and wish the process would move faster.
This desire to move quickly should not be indulged.
Any indication to the at-fault party's insurance adjuster that you "just want this to be over" or you "need cash now" is going to reduce your settlement amount.
Paced and diligent negotiation with evidence supporting your requested amount will likely result in a higher settlement.
A Raleigh Car Accident Attorney can help with that.
Negotiate with your lienholders/medical providers.
In a Car Accident injury case, you have to negotiate with the at-fault party's insurance company, and you may also have to deal with your own insurance/medical providers/lien holders.
These negotiations are critical to the amount of money a victim will obtain in their pocket.
As we discussed before, even a failed negotiation to reduce your bill is better than no negotiation at all.
A Raleigh Car Accident lawyer can reach out to everyone that you owe because of your injury and attempt to get your bills reduced pro rata to get you more money in your pocket.
Do you need a Car Accident Lawyer?
If you have been injured in a Car Accident through no fault of your own, you should obtain legal representation.
As discussed above, a car accident lawyer can help add value to your claim by investigating and gathering evidence, as well as negotiating on your behalf with the insurance company.
In addition, even with the best car accident lawyer, some insurance companies will not make a fair offer unless litigation is pursued.
Litigation is definitely a chore that an attorney should help you with.
A car accident lawyer can foresee and tackle the legal issues that you may not be aware of at the time of your claim.
The attorney you hire after a car accident, truck accident, or other motor vehicle wreck will set the tone for how the at-fault party’s insurance company treats you.
The car accident attorneys at The Bishop Law Firm can help if you have been injured in an auto accident through no fault of your own.
We offer free car accident case reviews and no fee unless you win. Call us now at 919-615-3095 or start your free case review online.
Also read: North Carolina Car Accident Lawyer
