If only there was a car accident checklist to help people know what to do and what not to do after a car crash… If you’ve been involved in a car crash caused by another driver, there are steps that you can take to help your lawyer establish liability and damages in your case. Below, we’ve created a “car accident checklist” with information on what you should do immediately after an accident and while your case is pending, including: What to do at the accident scene, What to do after the car accident, Evidence you can gather to help establish liability, and How to help your car accident attorney maximize your damages. What To Do After A Car Accident Your car accident claim begins at the scene of the accident – below is a car accident checklist for what you should do immediately after the crash that, hopefully, will help you to avoid some of the more common mistakes accident victims make. What about after…Read More
You may know that personal injury claims allow you to recover financial compensation when you have been injured due to someone else’s negligence. But how does it work? In this article, we will go over the basics of personal injury law in NC, including: Definitions of personal injury law and tort law, The difference between a settlement and a lawsuit, Why statutes of limitations are important, and The steps to a personal injury claim in NC. Basics Of Personal Injury Law In NC There may have been a time when people were forced to either 1) walk away or 2) take matters into their own hands to get retribution or compensation for injuries, but, in today’s society, we can go to the courts and ask them to settle disputes for us. This system of civil justice is called “personal injury law” or “tort law,” and, like the criminal justice system, it is an important component of the glue that holds our society together and prevents…Read More
Negligent infliction of emotional distress is a valid cause of action whether you suffered a physical injury or not and even when the emotional distress was caused by witnessing someone else’s suffering. In this article, we will discuss: North Carolina, as an example, for the law on emotional distress/mental anguish, The elements of negligent infliction of emotional distress in NC, How to prove your claim and recover damages, and The signs and symptoms of emotional distress. What Is The Law On Emotional Distress/mental Anguish? In general, you can recover damages after a car accident for negligent infliction of emotional distress when the crash causes severe emotional distress/mental anguish, whether the distress is caused by your injuries or injuries that you witnessed happening to another person. Emotional Distress/Mental Anguish Law Johnson v. Ruark Obstetrics and Gynecology Assocs. is a 1990 case from the NC Supreme Court that explains NC law on emotional distress/ mental anguish in detail, reviewing NC cases decided in the last century and…Read More
What can you do if you are involved in a car accident with an uninsured or underinsured driver? If a car wreck is caused by someone else’s negligence, they are responsible for paying for your damages. But what happens if they don’t have insurance or if they don’t have enough insurance coverage? Below, we will discuss what you can do if you are in a car accident with an uninsured or underinsured driver, including: When uninsured motorist (UM) coverage applies in NC, When underinsured motorist (UIM) coverage applies in NC, The collision requirement for “phantom vehicles,” and When you can stack UM or UIM policies in NC. Uninsured And Underinsured Motorists In NC If you are in a car accident in NC and the at-fault driver does not have auto insurance or does not have enough auto insurance to cover your damages, you may be covered by your uninsured (UM) and underinsured (UIM) insurance policies (or someone else’s UM or UIM policies if you are…Read More
If you are involved in a car accident in NC, you should be aware of the pitfalls that some car accident victims experience that could later hurt your car accident claim. Common Mistakes Made After A Car Accident Below, we will discuss some of the mistakes drivers make after car accidents that hurt their claims – sometimes shutting down their accident claim completely and sometimes reducing the amount of their recovery, including: Admitting fault at the accident scene, Refusing medical attention at the accident scene, Not getting witness information, Acting belligerent or uncooperative, Leaving the scene of the accident, Not calling police after the accident, Settling your case too quickly with the insurance company, and Not calling your NC car accident lawyer after the wreck. 1. Admitting Fault Any statement that is made by either party at the accident scene can become evidence in a later civil trial or insurance claim. Something as harmless as “I’m sorry” might be taken out of context later and…Read More
Updated: Oct 20, 2021 What Types Of Damages Are Compensated For After A Car Crash In NC? Damages means the amount of money that the at-fault driver must pay you to compensate for your losses caused by the car accident. Some types of damages are obvious, like property damage or your medical expenses, but did you know you can be compensated for much more than that? You can be sure the other driver’s insurance company is not going to tell you the types of damages that you are entitled to. In this article, you will learn about the different categories of damages you can be compensated for after a car wreck in NC, including: Compensatory, special, and general damages, Economic and non-economic damages, Property damage, Current and future medical costs, Lost wages, Pain and Suffering, Loss of Consortium, Scarring and Disfigurement, Mental Anguish and Emotional Distress, Punitive Damages, and Wrongful death damages. Types Of Damages After A Car Crash In NC First, let’s look at…Read More
Can a passenger file an insurance claim seeking damages after an auto accident in NC? Most people understand that, if you are driving down the road and another driver causes a crash, you can file for damages that they caused. But what if you are just the passenger in a car? In this article, we will discuss: When a passenger can file an insurance claim for damages after an auto accident, The types of damages a passenger can recover, The effect of contributory negligence on a passenger’s lawsuit, and Who a passenger can file for damages from. Can A Passenger File For Damages After A Car Accident? When someone causes you harm because of their negligence, they are liable to you for the damage that they caused – it doesn’t matter if you are driving a vehicle, a passenger in a vehicle, or a pedestrian walking down the highway. Types Of Recoverable Damages For Vehicle Accident Passengers What Compensation Can A Passenger In A Vehicle…Read More
What are the three “phases” of a car accident claim? Although every case is different, with different facts, different legal issues, different insurance adjusters, and different insurance defense attorneys, the phases of a car accident claim remain the same from case to case. Some cases settle quickly, ending in the pre-litigation phase. When the at-fault driver’s insurance company refuses to pay the full and fair value of your car accident claim, however, some cases must go through the process to a jury trial and possibly an appeal. In this article, you will learn: The three phases of a car accident claim in NC, What happens before you file a lawsuit, What happens after you file a lawsuit, and The process of trying a car accident claim in NC courts. Car Accident Claims: 3 Phases 1. Pre-Litigation Before your attorney files a lawsuit suing the at-fault driver, we must go through a “pre-litigation phase” of your car accident claim where we gather information and the evidence…Read More
Updated: Sep 14, 2021 How do you know if you have a car accident claim? Should you make a claim on the other driver’s insurance, or your own insurance? Can you file a lawsuit asking for the court to order the other side to pay your damages (medical bills, pain and suffering, and all other categories of damages you are entitled to based on the facts of your case)? There are three factors that will determine whether you have a valid car accident claim: Liability – was the other driver negligent, and were you contributorily negligent? Damages – were you injured or was there property damage, and was it “proximately caused” by the other driver’s negligence? A source of recovery – is there an insurance policy that will pay, or does the other driver have personal assets that would cover any judgment you receive in your case? Attorneys sometimes call this “the three-legged stool,” because, like a three-legged stool, if just one of these factors is…Read More
Emotional distress, mental anguish, and mental injuries like post-traumatic stress disorder (PTSD) are compensable injuries after a car wreck. The at-fault driver is responsible for all compensable damages, including emotional distress that results in PTSD. In this article, we will take a look at: What is post-traumatic stress disorder (PTSD), The common symptoms of PTSD, Negligent infliction of emotional distress, mental anguish, and PTSD, and How we prove mental injuries like PTSD in court. PTSD & Car Accidents Car wrecks can cause much more damage to a person than just physical injuries – the mental anguish, emotional distress, and mental scars that can result from a traumatic event like a car crash are serious and can be debilitating. First we will take a look at what Post-Traumatic Stress Disorder is and how it fits in with car accident claims. What Is Post-traumatic Stress Disorder (PTSD)? Feelings of shock, anxiety, helplessness, and emotional trauma are normal for many people after they have been involved in a…Read More
