Have you been injured in a car accident that wasn’t your fault? The Bishop Law Firm can help. Filing a claim with the help of an experienced Winston Salem Car Accident Lawyer is your best chance to recover compensation.
The Bishop Law Firm takes pride in protecting the rights of auto accident victims in the Winston Salem area and understands how difficult the car accident claims process can be for those injured through no fault of their own.
Call us today for a free case review, (919) 615-3095 or start online now.
NC Personal Injury Law
In North Carolina, if you have been injured in a motor vehicle accident through no fault of your own, you can recover the costs of your missed time from work, medical expenses, and be compensated for your pain and suffering. Punitive damages are awarded in few cases.
Unfortunately, NC is a contributory negligence state (only a few states still use contributory negligence), meaning if the injured person is even 1% at fault, they can not recover on a personal injury case (but see Last Clear Chance Doctrine).
In auto accident, the officer can issue a citation to the at-fault party, but not always. In some types of car accidents it can be difficult to determine who is actually at fault.
Read: NC Personal Injury – Ten Bars to Recovery & NC Car Accidents and Sudden Emergency
Reasons To File a Car Accident Injury Claim
Do you have serious injuries that were caused by the auto accident? If you do not have injuries, then you do not have a Personal Injury case.
If you do have injuries, you need to seek medical attention (also read medical bills after a car accident) as soon as possible, continue to receive treatment, and document all the medical bills you are incurring.
Do not delay getting medical treatment for your car wreck injuries! The longer you wait to receive medical treatment the more difficult it will be to prove that your injury came from the car accident.
Speaking to an experienced Winston Salem car accident attorney about filing a car accident claim is the first step to getting justice. The Winston Salem Car Accident Lawyers at The Bishop Law Firm can help you through the process of filing a claim so you get the compensation you deserve.
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.
According to N.C.G.S.§1-52 (16), the general rule for filing a negligence action or personal injury case in North Carolina is three (3) years from the date of the accident. That means that if a victim was injured on February 1, 2018, that person has until February 1, 2021 to file a lawsuit for their personal injury claim.
It does not matter if the person is still receiving medical treatment for their accident-related injuries or are currently in negotiations with the at-fault party’s insurance company for their car accident claims.
This is an extremely important deadline that many North Carolina accident victims are not aware of.
Also read: How much will my car accident injury settlement be?
Serious Injuries from Car Accidents:
Unfortunately, under the wrong circumstances, even a relatively minor accident can result in serious injuries. Traumatic Brain Injury, broken bones, spinal injuries and even wrongful death can result from car accidents.
- 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
*If you were injured in a car accident while working you may also have a Winston Salem Workers’ compensation case. Workers’ compensation would not apply if you are on your way to work or your way home.*
Medical Bills After NC Car Accident
Medical bills after a NC Car Accident can be handled in a few different ways. Many of our clients file claims with their own health insurance initially.
Next, you should file a claim with the at-fault driver’s car insurance carrier. Personal Injury claims and Property Damage claims are usually handled by different adjusters. The personal injury adjuster may want you to do a recorded statement or ask you for a list of your medical providers so they can obtain your medical records/bills. A personal injury claim can take substantial time.
If your auto insurance has medical payments coverage (Med-Pay) you may be able to recover some of your medical expense that way. Lastly, you can enter into a payment arrangement with the medical provider if you do not have health insurance.
If the driver that caused the car accident does not have car insurance, your last resort is to file a claim under your own uninsured motorist coverage. Uninsured motorist coverage (UM) is required in NC while underinsured motorist coverage (UIM) is required when policy limits are greater than the NC minimum ($30,000 Bodily Injury for each person, $60,000 total Bodily Injury for all persons in an accident and $25,000 for Property Damage).
Read: NC Car Accidents and Insurance Policy Limits & NC Personal Injury Medical Bills More Than Settlement?
Do you have lost wages due to your car crash injuries?
If your doctor has taken you out of work because of your injuries, save all of your pay stubs and ask your employer to provide you with a copy of your timesheets to preserve evidence of your lost wages.
In order to seek recovery for a lost wage claim, an injured accident victim has to have documentation of the actual days he or she has missed from work due to their injuries.
Lost wage documentation must be verified by the injured accident victim’s employer. The employer should provide payroll records stating how many days the accident victim missed work and the injured accident victim’s rate of pay.
The next step is to file a claim with the at-fault party’s insurance company. They send you a big check covering everything, and you are done…….if only!
What is pain and suffering and how is it calculated in NC?
In NC, pain and suffering covers 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 multiply $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.
Read: Ten Ways to Maximize Recovery in NC Personal Injury Cases & Ways to Prove Pain and Suffering Damages
Do You Need a Winston Salem Car Accident Lawyer?
Was the car accident in Winston Salem your fault? If you received a citation (ticket) for the accident, it is likely that law enforcement determined you to be at some level of fault for the collision. In North Carolina, if you have been determined to be at fault in any way for the accident, you cannot be compensated due to contributory negligence.
Read: Distracted Driving in NC Car Accidents
If you are looking for police reports, you can try the Winston Salem Police Department’s website, or the NC DMV.
Rear-end collisions, multi-car accidents, and fatal crashes can be complicated, to say the least. It can be difficult to determine who is actually at fault in some car accident cases.
The insurance adjuster may deny that their insured is at fault. A Winston Salem personal injury law attorney can help to determine if you have an injury claim and give you legal advice about recovering your losses from the car accident.
Read NC Rear-End Collision Injuries
Hiring an Experienced Car Accident Attorney
Dealing with the insurance company is not simple, straightforward, or quick. It is common knowledge that the insurance company wants to pay as little as possible, preferably nothing, and will employ various tactics to delay, frustrate, and minimize your claim.
The choice to hire Winston Salem Car Accident Lawyers to help with your claim can set the tone for how the insurance company treats you. Without the proper inspiration from an attorney, your claim may gather dust on an adjuster’s desk or get lost in the shuffle.
Unfortunately, insurance adjusters can use an injured person’s financial hardship against them and force them to take little to nothing for their car accident case. Even worse, some insurance adjusters will hold onto claims until the statute of limitations runs out, leaving the injured with no way to recover for their losses.
Simply put, car accident lawyers that handle personal injury cases can make sure your claim goes as smoothly as possible and help you decide if you should take the insurance companies’ offer or pursue litigation.
Our Winston Salem Car Accident Lawyer handles all types of motor vehicle accidents including but not limited to the following:
- Car
- Truck (18-wheeler accidents)
- Motorcycle
- Pedestrian
- Wrongful Death
- and more…
Frequently asked questions
- What are most lawyers fees for car accident? Most lawyers charge 25% - 33.33% for representing car accident victims on a contingency fee agreement. 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.
- Is NC a no-fault state for car accidents? In general, North Carolina is a no-fault state, which means that the victim must not be at fault in order to recover (contributory negligence is a bar to recovery).
- How long do most car accident settlements take? A motor vehicle accident settlement can easily take a year from your date of injury (without the need for litigation). Litigation will add substantial time to your case. How long a case will take depends on several factors:
- Before reaching out to the at fault party's insurance company with a demand you should complete all medical treatment or know the estimated cost of future medical treatment that you will need. Medical treatment creates medical bills and in NC medical bills are the foundation of a personal injury car accident settlement. It could take 3 months to a few years to complete treatment in serious car accident cases.
- When you complete treatment, all evidence must be gathered and a demand will be prepared. It could take 2-3 months to gather all this evidence based on the severity of your injuries and the cooperativeness of your medical providers.
- Once a demand is sent to an adjuster, they must respond in 30 days, but a response does not mean that they will offer you a fair settlement. Usually the first offer is very very low.
- Negotiating with the adjuster can take 3 months depending on how fast they respond to counteroffers or if they want more information about your claim.
- After negotiating with the adjuster, you or your attorney will have to decide to accept their offer or file for litigation in the county in which the accident occurred. Litigation can add 2 years to the process.
Find a Winston Salem Car Accident Lawyer Near You
Our experienced team at The Bishop Law Firm can help if you need an Winston Salem Car Accident Lawyer. Our focus is to protect and maximize car accident victims legal rights to fair compensation, and we don’t get paid unless you win. Can the at-fault driver’s insurance company say the same?
Contact us today for more information or start your free case review right now.
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