Raleigh Car Accident Lawyers Serving NC

Auto Wreck FAQs: Answers From Experienced Car Accident Attorney

What Is My Car Accident Case Worth?

In determining the value of your claim, several factors are taken into consideration. These include the severity of your injuries, the total amount of your medical expenses, any loss of income you have suffered, the extent of property damage, and the strength of evidence supporting your claim. While all licensed drivers in North Carolina are required to carry liability insurance coverage, many drivers in the state unfortunately do not carry any insurance at all, which could also affect the value of your case. Understanding these factors is essential as they play a critical role in influencing the final compensation amount.

At Edwards Kirby, our experienced Raleigh accident attorneys can review the facts of your car accident along with the damages you incurred to arrive at an estimated value range for your case. This estimate is vital to negotiating a full and fair settlement, and when pursuing litigation, if necessary.

Examples of our car accident case results:

• $10.75M recovery over a fatal truck wreck that resulted in the deaths of two children, and brain injury to a third.
• $9.45M settlement over a fatal tanker truck crash alleged to have been caused by a company that improperly allowed traffic to back up while performing work on I-95.
• $8.6M settlement against a drunk college student who drove the wrong way on an interstate highway, his fraternity, two bars where he drank despite being underage, and others who supplied him alcohol.
• $5.35M recovery for the family of a law enforcement officer killed in a tractor-trailer wreck.
• $4.6M recovery for a woman who was struck by a tow truck returning from a repossession.
• $2.5M settlement against a drunk driver and two bars for injuring a mother and daughter when driving the wrong way on an interstate highway.

To help Raleigh clients maximize compensation, our car accident lawyers work meticulously to determine an underlying cause, and explore all available insurance coverage, including commercial insurance policies, and underinsured/uninsured motorist coverage. We also work closely with reconstruction, medical, and financial experts to assess fault and liability, the long-term impact of injuries, and projected future damages.

What If an Insurance Company Made a Settlement Offer After My Auto Wreck?

Insurance companies that represent personal injury defendants (the party being sued for damages) are powerful corporations that care more about profits than people. Their goals are to pay victims as little as they possibly can.

As a result, insurance carriers commonly attempt to negotiate low settlement offers with the victims early in their cases – before they understand the full scope of their damages, prognosis of their injuries, and what future expenses they are likely to face in connection to their car accident.

If you have been contacted by an insurance carrier, you have no legal obligation to speak with them; a car accident lawyer can handle these communications on your behalf. By working with car accident attorneys in Raleigh, NC who have experience in high-stakes auto accident cases, you will also gain a better understanding of your damages (past and future), and position yourself to fight for the maximum amount of compensation possible.

What Damages Can I Recover With a Car Accident Lawyer in Raleigh, NC?

Common damages in auto accident cases include:

• Medical bills and future medical expenses
• Lost income and lost future wages
• Physical pain and suffering
• Emotional distress / mental anguish
• Emotional injuries suffered by family members

Can I File a Lawsuit Over a Fatal Car Accident?

If a motor vehicle wreck resulted in fatal injuries, surviving family members can pursue a wrongful death lawsuit to hold at-fault parties accountable, and obtain the justice and compensation they deserve.

In addition to survival actions that seek compensation for a victim’s damages prior to their death (including their conscious pain and suffering), wrongful death actions can compensate family members for damages they suffered, including their:

• Grief and emotional suffering
• Lost financial support
• Loss of emotional support
• Funeral and burial expenses
• Lost care, companionship, and guidance

Who Is At Fault in My Auto Accident?

That depends. An investigation of your crash will be necessary to determine what party (or parties) can be held at fault. While at-fault parties may include drunk drivers, distracted motorists, and truckers who violate federal regulations, they may also include less-obvious parties, such as the manufacturer of a defective product or auto part, or a public entity responsible for roadway design or maintenance.

At Edwards Kirby, our auto wreck lawyers have handled many North Carolina car accident cases in which fault and liability are not so clear, including those involving:

• Defective highway construction: $6.65M settlement over the deaths of three family members in a wreck caused by a defectively built portion of the highway.
• Defective tires: $6.7M settlement over the deaths of two victims due to a tire explosion.
• Other problems, include defective brakes ($5.35 million settlement); vehicle fires (confidential eight-figure settlement); and negligent hiring of a driver ($8.3 million verdict).

Is NC a no-fault state for car accidents?

No, North Carolina is not a no-fault state in a car accident. This means that if you’re involved in a collision, the at-fault driver is responsible for paying for the damages caused. Unlike the protocols no-fault states, NC residents don’t need to file a claim with their own insurance company regardless of who was at fault. 

If you are involved in a car accident in North Carolina, make a point to consult with a personal injury attorney that can advocate for your at-fault rights and options.

What If Defendants Say I Was at Fault For The Auto Wreck?

North Carolina is one of just a very few states to follow the rule of contributory negligence in personal injury cases. Under the contributory negligence standard, also known as the 1 percent rule, victims cannot collect damages arising from an accident if they are in any way to blame for the incident – even if the other party was 99% at fault, and the victim only 1% responsible.

Because of this harsh legal standard, working with experienced Raleigh auto accident attorneys becomes all the more important – especially when victims suffered catastrophic injuries, or when defendants dispute liability, or argue that the victims contributed to causing their accidents.

How Long Do I Have to File a Car Accident Lawsuit in Raleigh, NC?

Car accident victims and families in Raleigh with potential wrongful death claims have a limited amount of time to file lawsuits against at-fault parties, known as the statute of limitations. When the statute of limitations expires, victims cannot recover compensation for their damages.

In general, the statute of limitations for filing a car accident lawsuit in North Carolina is three years from the date of the crash (N.C. Gen. Stat. section 1-52) when people are injured, but only two years from the date of death when people are killed (N.C. Gen. Stat. section 1-53). However, the statute of limitations can differ depending on certain circumstances, such as minor victims under 18, and cases against government entities.

Because the statute of limitations can vary, it is advised that anyone with a potential claim seek a personalized evaluation to determine what time limitations may apply to their case.

Are there any limits on the amount of damages I can recover in a car accident claim in North Carolina?

In North Carolina, car accident damage recovery has its limits. The exact amount you receive really depends on how serious your injuries are, the type of damage caused, your insurance policy, and even the at-fault driver’s coverage.

By law, NC drivers are required to carry liability insurance, which covers bodily injury and damage caused by an accident (especially if you’re at fault). Because this type of insurance is designed to support at-fault drivers financially, it’s highly recommended to carry more than the minimum coverage:

$100,000 per person (minimum is $30,000)
$300,000 per accident for bodily injury (minimum is $60,000)
$100,000 per accident for property damage (minimum is $25,000)

If you’re involved in an accident and the damages outweigh your liability coverage, you could be personally liable for the difference.