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Three Important Reasons You Should Speak With a Car Accident Attorney
Car accidents are often life-altering events that can leave you with a mix of physical injuries, emotional stress, and financial complications. In the aftermath of a collision, making informed decisions is crucial to ensure your well-being and protect your legal rights.
However, one important step that is often questioned is whether you should speak with a car accident attorney. While consulting with an experienced car accident attorney following a collision in North Carolina is not mandatory, it offers numerous benefits that can greatly impact your physical and financial recovery.
Why You Should Speak With an Attorney After a Car Accident
When you’re involved in a car accident, understanding the specific laws and processes for dealing with insurance systems and the other parties involved is often daunting. Whether you are dealing with medical bills, vehicle repairs, or lost wages, having an attorney by your side can help you uphold your rights and fight for the compensation you deserve.
Reason #1: Dealing With North Carolina’s At-Fault State Laws
North Carolina operates under traditional "at-fault" laws when it comes to car accidents. This means the party responsible for causing the accident is also responsible for the financial losses resulting from the collision.
However, North Carolina also follows a pure contributory negligence rule, which can bar you from recovering any damages if you are found to be even partially at fault for the accident. This rule is particularly stringent and claimant-unfriendly, which often makes it difficult to navigate or appeal on your own.
An experienced attorney can help you understand your rights and obligations under North Carolina’s at-fault and contributory negligence laws. They can offer advice on the legal options available, help you gather evidence and witness statements to build a strong case for determining fault, and help you make informed decisions regarding settlement offers and potential litigation.
Reason #2: Negotiating With Insurance Companies
Insurance companies are businesses first and foremost, and their primary goal is to minimize payouts. Without proper legal representation, you may be at a disadvantage when negotiating with insurers. They might offer you a settlement that is far less than what you deserve, hoping you’ll accept it out of desperation or lack of knowledge.
An experienced attorney will often use their knowledge and experience to deal with insurance companies on your behalf to make sure you receive a fair settlement that covers all your expenses, including medical bills, property damage, lost wages, and any other financial losses.
In this situation, the role of a personal injury attorney is to protect you from being shortchanged and to fight for the compensation you rightfully deserve.
Reason #3: Protecting Your Rights & Well-Being
One of the most critical aspects of speaking with a car accident attorney is making sure your health and well-being are prioritized. Seeking immediate medical attention after an accident is essential for both your health and your legal case. Some injuries may not show symptoms right away, so it's important to obtain a thorough medical assessment to document all injuries related to the accident.
An experienced personal injury attorney will emphasize the importance of medical documentation and help you receive the care you need. They will also make sure that all legal deadlines are met when obtaining and filing documents, which will protect your right to pursue compensation.
In North Carolina, the statute of limitations for filing a lawsuit for injury or property damage is three years from the date of the accident and two years for filing wrongful death claims. Missing these deadlines can jeopardize your ability to recover damages.
Additionally, if your case goes to court, engaging the services of a skilled attorney can significantly alleviate stress and increase the chances of securing the best possible results from your claim.
Important Questions to Ask a Car Accident Attorney
Before hiring a car accident attorney, it’s essential to ask the right questions to ensure you are making an informed decision. Here are some important questions to consider:
What is your experience in handling car accident cases?
Do you have experience dealing with insurance companies and negotiating settlements?
How do you charge for your services? Is it a contingency fee arrangement?
What is your approach to handling my specific case?
How will you keep me informed about the progress of my case?
By asking these questions, you can gain insight into the attorney’s expertise and approach, ensuring that you choose someone who is well-equipped to handle your case.
Car Accident FAQs
What should I do immediately after a car accident?
First and foremost, stop your car in a safe place and, if necessary, move it to avoid further damage and to prevent blocking traffic. Call the police, especially if there are injuries or it’s a hit-and-run accident. In North Carolina, you are required to call law enforcement if the accident resulted in injury, death, or property damage.
Next, gather the other driver’s information, including their name, address, phone number, license plate number, driver’s license number, and insurance details. Record the names of any witnesses and their contact information. Don’t agree to forget about the accident, as hidden damages or injuries may emerge later.
Finally, contact an experienced car accident attorney, like Robert Louis Armstrong Personal Injury Attorney, and your insurance agent if you have any questions or concerns about the claims process.
What should I do if the other driver isn't insured or is underinsured?
If the at-fault driver does not have insurance or has insufficient coverage to fully compensate you for your losses, you may be able to file a claim with your own insurance company under the uninsured/underinsured motorist coverage.
In North Carolina, drivers are required to carry uninsured motorist coverage, as well as minimum coverage for bodily injury and property damage. It is essential to consult with an attorney before accepting any settlement offer from your insurance company, as they may try to minimize their payout.
What if I am partially at fault for the accident?
If you are found to be partially at fault for a car accident in North Carolina, you may be barred from recovering any damages under the contributory negligence rule. However, it is always best to consult with an experienced attorney who can help you build a strong case and argue against any claims of partial fault.
When am I able to file a lawsuit?
You can file a lawsuit once you have gathered sufficient evidence to support your claim and have attempted to resolve the matter through insurance negotiations. If the insurance company fails to offer a fair settlement, filing a lawsuit may be necessary to pursue the compensation you deserve.
Experienced Legal Counsel You Can Trust
The aftermath of a car accident is often overwhelming, but you don’t have to go through it alone. Speaking with a car accident attorney can provide the guidance and support you need to protect your rights and secure the compensation you deserve.
If you or a loved one has been involved in a car accident in North Carolina, my firm, Robert Louis Armstrong Personal Injury Attorney, is here to help. I have almost 38 years of experience handling personal injury and car accident cases, and I will fight for rightful compensation and advocate for your physical, emotional, and financial well-being.
Located in Wilmington, North Carolina, I proudly serve clients throughout New Hanover County, Pender County, Brunswick County, and Onslow County. Contact me today to schedule a free consultation.