NC Law
What is contributory negligence in North Carolina?
The 1% rule, what counts as 'fault,' and how the defense tries to find it. Plain English, with the NC statute references.
Robert L Armstrong
Personal injury counsel: NC, since 1990
An accident lawyer in Wilmington you can actually talk to right after a wreck.
When the at-fault driver's insurer calls with a fast offer, you need a lawyer with 36 years of experience handling North Carolina contributory-negligence cases and one who calls you back within 24 hours, even on weekends when it matters most. Consultation is free. No fee unless I win your case.
Practice areas
The cases insurers fight hardest, and how I work them
Adjusters know which case types they can lowball, and which ones a one-attorney practice will see through. Below is the work I do, every day, for injury victims and their families across eastern North Carolina.
Car accidents
Adjusters love rear-end cases, fast offers, low ceilings. I work them slowly and properly.
Motorcycle accidents
When uninsured drivers cause serious crashes, additional coverage may still be available through UM/UIM policies.
Truck & commercial vehicle
18-wheelers, delivery trucks, multi-defendant FMCSA cases that other firms struggle to investigate.
Premises liability
Slip-and-fall, Airbnb, vacation rental, deck collapse, nursing home: cases other firms decline under NC's contributory-negligence rule.
Brain injury
TBI, concussion, brain bleed, stroke after injury. Long-term impact, not just immediate medical bills, drives the case value.
Spinal cord injury
Spinal cord injuries require long-term planning and future-care analysis that early settlement offers often ignore.
36
Years of experience
Practicing personal injury, and only personal injury, in North Carolina since 1990.
100%
Personal injury practice
No estate planning. No business law. No criminal defense. Nothing else, ever.
1
Attorney on every case
When you call, you reach the lawyer working your case. Not a paralegal.
6
NC counties
New Hanover, Brunswick, Pender, Onslow, Bladen, Duplin.
How I work your case
One attorney. Your call returned within 24 hours.
When I was a young boy, I remember the neighborhood doctor coming to our house to treat mumps, measles, or chickenpox when someone was too sick to travel. The idea was simple: when people needed help, the doctor showed up.
That stayed with me. If your injuries make it difficult to come to the office, I'll meet you at home or at the hospital if necessary.
When you call my office, you'll speak with my legal assistant or with me directly. Calls are returned within 24 hours, including weekends and after hours when the situation calls for it. The work itself stays with me: the investigation, the negotiation, the demand letter, and the strategy behind it. There are no associate handoffs because there are no associates.
Consultation is free. No fee unless I win your case. If I cannot help, I'll tell you that honestly.
— Robert L Armstrong
Read more about my practice
41 years focused exclusively on personal injury, with every case handled personally. Learn more about how the practice works on the About page.
Why people call
The hardest part is what happens before you sign.
I've seen clients come within hours of signing away the money they would later need for treatment, recovery, and future care. A day or two after the crash, the at-fault driver's insurer calls with a friendly voice and a number that sounds like relief. Most of the time, it is not enough. It is a number designed to close the case before the full cost of the injury is understood.
North Carolina is one of only four states that still follows the contributory-negligence rule. If the defense can place even 1% of fault on you, recovery can be barred entirely. The defense is very good at finding that 1%. That is why the case has to be built carefully from the very beginning.
That moment before anything is signed is when I get most of my calls. It is also the moment I most want you to call. Consultation is free. There is no fee unless I win your case.
In their words
What people in the same spot said after they called.
“Mr. Armstrong is the best! Not only is he a good attorney, he truly cares about the health of his clients. He is very easy to get in touch with and has no problem answering any questions you may have. He did a wonderful job with my case.”
Hannah
Google review
“I was very pleased with attorney Armstrong and his team. He worked hard on my claim and got the most that was possible for me in my circumstances. Stephanie was a sweetheart to work with, and I truly appreciate everything they did for me during my time of need.”
Jennifer
Google review
“Mr. Armstrong took my case and got the best outcome given the resources that were available. After having to fire my first lawyer for not advocating for my best outcome, Mr. Armstrong did just that! He answered all my questions and kept me updated throughout the whole process until it was finished.”
Ciara
Google review
Verified reputation
By the numbers.
5.0
Average Google rating
Across 43 reviews, all answered personally.
43
Google reviews
Zero public reviews below 5 stars.
8.4
Avvo Excellent rating
With 5.0/5.0 across 19 client reviews and 8 peer endorsements.
41
Published Avvo answers
A long-running Q&A library, written by the attorney, not a marketer.
Where I practice
Six counties across eastern North Carolina.
If you've been hurt in any of these counties, the consultation is free. These are the courts, insurance carriers, and accident corridors I've worked in since 1990.
See all areas I serve-
New Hanover County
Wilmington, Wrightsville Beach, Carolina Beach, Kure Beach
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Brunswick County
Southport, Leland, Shallotte, Ocean Isle Beach
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Pender County
Hampstead, Surf City, Burgaw
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Onslow County
Jacksonville, Sneads Ferry
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Bladen County
Elizabethtown, surrounding rural communities
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Duplin County
Kenansville, Wallace, Warsaw
Common questions
The questions that come up most often when people call. Answered the way I would answer them on the phone.
Frequently asked questions
Will I owe anything if we don't win the case?
No. The fee is contingent. There is no fee unless I win your case. The firm advances costs (filing fees, expert witnesses, deposition fees) and is reimbursed from the recovery if there is one. If there is not, you do not owe a fee.
What if I was partly at fault for the accident?
North Carolina is one of only four states that follows contributory negligence. If the defense proves you were even 1% at fault, your recovery can be barred. That is exactly why the investigation has to be right from day one. The consultation is free. Tell me what happened, and I will tell you honestly whether I think the case can be defended.
The insurance company already called. Should I have spoken to them?
Most people pick up the call. The adjuster sounds friendly, asks for a recorded statement, and often makes a fast offer. Do not sign anything yet. A call to a lawyer is free, and early decisions can affect everything that happens afterward.
How long do I have to file in North Carolina?
Three years for most personal-injury claims, two years for wrongful death, three years for property damage. After the deadline passes, the case cannot be filed regardless of how strong it is. There are exceptions for minors and those under a disability. Do not wait until the deadline is near; investigation, medical records, and witness memory all degrade quickly.
What if I move out of state before the case is over?
I am admitted in North Carolina, New York, and New Jersey, and have practiced in state and federal courts in all three. Many of my out-of-state clients are referred by their home-state attorneys. Most of the case (document review, medical records, demand drafting, negotiation) can be handled remotely on your end.
Do you take cases other firms have turned down?
Often, yes. Premises-liability claims under North Carolina's contributory-negligence rule, contested slip-and-fall cases, and multi-defendant trucking claims are often declined as 'too hard.' I take them when the negligence is clear and the injury is serious. The consultation is free.
Resources
Plain-English answers to the questions that come up most.
Insurance Claims
Settlement and release agreements: what you're actually signing
The page in the agreement that closes off future medical recovery. Why a fast signature ends the case forever.
Robert L Armstrong
Motorcycle
UM/UIM stacking for motorcyclists hit by an uninsured driver
When the at-fault driver has no coverage, the recovery often comes from policies in your own household. Here is how.
Robert L Armstrong
When you're ready to talk through what happened, the call is free.
No fee unless I win your case. Tell me what happened. I will tell you honestly whether I think you have a case, and what North Carolina law makes possible.
Contingency-fee representation. Free consultation.
Please contact a lawyer in your specific jurisdiction for advice on specific legal issues. Please note that any results achieved on behalf of a client does not guarantee or indicate similar results can be obtained for other clients. Each case stands on its own facts, law and merits.