Legal Action After A Car Accident

Car accidents can have severe consequences for all involved. Whether you are unable to work because of an injury, have incurred debt from medical bills, or have drained your savings paying for your vehicle to be repaired or replaced–car accidents bring significant complications that will likely have a negative impact on your finances.

By taking legal action, you can recover damages (financial restitution for what the accident has cost you) and start getting your life back to normal. Many North Carolina car crash cases are resolved in a settlement outside of court, but sometimes the two sides cannot reach an agreement about how much you should be compensated for your injuries. Filing a lawsuit may seem like an intimidating process, but it may be the only way for you to get your life and finances back to where they should be.

When Should I Get An Attorney?

Legal representation is advisable when there are signs of negligence on the part of the other driver. Having an attorney will help ensure that you are compensated fairly for the accident.

A few examples of behaviors that may indicate negligence are if the other driver was operating their vehicle while: 

Legal Action After A Car Accident - Texting While Driving
  • Texting
  • Talking on the phone
  • Under the influence of drugs or alcohol
  • Falling asleep
  • Tailgating
  • The vehicle is not street safe (i.e. broken taillights)
  • Otherwise operating their vehicle in an unsafe manner

Some of these circumstances will be obvious and others will come out in the police report. Still, other circumstances indicating negligence may only come out after filing a lawsuit in a process called “discovery.”  The presence of any one or a combination of such circumstances may impact your level of compensation for your injuries.

If you recall any of these actions in relation to your accident, be sure that your attorney is aware of them so you can be fairly compensated.

What Compensation Am I Entitled To?

Receiving compensation for damages can be of great help when dealing with the after-effects of your car accident. Financial compensation for a car crash can come from a number of factors and you can file a suit for any combination of them as they pertain to the accident.

Depending on the circumstances of the wreck, the following factors may come into play in North Carolina when determining what damages you are owed:

  • Medical expenses
  • Lost wages
  • Emotional distress
  • Car repairs or replacement
  • Permanent scarring or disfigurement
  • Permanent disability
  • Pain and suffering

If you are able to prove the claims filed in the suit, you will typically be reimbursed by the other driver’s insurance provider. Your attorney will help you identify the parties to name in your suit and strategize the best course of action for your circumstances.

A Word of Caution

Be aware that the other driver’s insurance provider may reach out to you after the accident. Keep in mind that they are incentivized to defend their bottom line–that means that whatever they offer you, if anything, will almost certainly be much less than you deserve. 

So, be sure to speak to a credible attorney before agreeing on anything to do with the wreck.

An experienced attorney can help you maximize your financial compensation following a car crash. An experienced lawyer will also help protect you from being taken advantage of by insurance providers.

Conclusion

An attorney who is experienced with car accidents and North Carolina personal injury law will know how to structure your lawsuit in service of your best interests. In order to successfully hold the other driver financially accountable, you must prove that their negligent behavior caused the crash and that your injuries resulted from the accident. The process of proving that the other driver is culpable in the accident and responsible for your injuries is a complex legal process. You will want to make sure you have an experienced attorney to guide you to the best outcome possible.