Suffering injuries in a car accident can leave you feeling lost and overwhelmed. In addition to the physical pain and psychological trauma, you may face a mountain of medical bills. At the same time, your injuries may prevent you from earning an income at work. Nobody deserves to shoulder these burdens when another party’s negligence caused their circumstances.
If you have suffered injuries in a collision in North Carolina, you may be eligible to file a car accident claim for your financial losses, pain and suffering, and more. The experienced car accident attorneys from Kreger Brodish LLP understand how challenging life can feel after an accident, and we are here to help. Our legal team has a proven track record of getting excellent results for our clients. Contact us today for a free consultation, and let us put our skills to work for you.
Who Can Receive Compensation After a Car Accident in North Carolina?
In many states, individuals who suffer injuries in a car accident can recover compensation even if they were partially at fault for the crash. However, North Carolina follows the principle of pure contributory negligence for car accidents. This principle means that if a person is even 1 percent responsible for the collision leading to their injuries, they have no right to recover compensation for their losses.
Many insurance companies invoke contributory negligence as a way of refusing to pay a car accident claim. The insurance company may argue that the injured person’s actions contributed in some way to the crash, disqualifying them from recovering compensation.
For this reason, you should always work with an attorney with experience handling NC car accident settlements. They can work diligently to demonstrate to the insurance company that the other party was entirely at fault for the collision so that you can recover the total and fair compensation you deserve.
Types of Car Accident Compensation
Compensation for car accident injuries in North Carolina falls into two broad categories: economic and non-economic.
Economic losses refer to the direct financial consequences of the crash. These may include:
- Medical expenses
- Lost wages from missed time at work
- Reduced earning capacity due to disability
- Costs of home assistance or devices
- Property damage
Non-economic damages compensate you for losses that are not as obviously financial. These may include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disability and disfigurement
What Factors Can Affect Your Car Accident Settlement
You may wonder: What is the average car accident settlement in North Carolina? It’s important to remember that every car accident case is unique. The amount you receive will depend on a wide variety of factors, including:
- Injuries sustained – More severe injuries that require extensive treatment and cause disabilities warrant higher damages. Minor injuries may result in a smaller car accident settlement.
- Insurance coverage limits – The at-fault driver’s liability coverage limits cap the compensation you can receive from their insurance company. Even if your losses exceed their policy limits, the insurer pays only up to the policy limit.
- Lost income and future earning capacity – If injuries prevent you from working temporarily or permanently, you can claim lost wages and reduced future earning capacity. Documented proof strengthens these claims.
- Negotiation skill – An experienced attorney who excels at negotiating settlements will know how to maximize your compensation, especially for hard-to-quantify damages.
How Is Pain and Suffering Calculated in North Carolina?
Some of the most severe consequences of an accident, such as pain and suffering, do not correspond directly to a dollar value. However, it is possible to recover compensation for such intangible losses. How much is pain and suffering worth in car accident claims? The answer varies from case to case.
North Carolina law does not stipulate a precise means of calculating pain and suffering damages. NC Pattern Instructions advise courts to use logic and common sense to determine a dollar amount. Your lawyer will look at cases similar to yours when calculating the value of your non-economic losses and will fight for a correspondingly fair amount.
It is worth noting that North Carolina does not impose a cap on pain and suffering compensation, except for medical malpractice cases. In many cases, pain and suffering compensation often amounts to a greater sum than economic damages. An experienced car accident lawyer can demonstrate the extent of your pain and suffering after an accident.
How Can Post-Traumatic Stress Affect Your Car Accident Settlement?
Post-traumatic stress disorder (PTSD) is a psychological condition that can develop after a person experiences a traumatic event, like a serious car accident. PTSD can affect your settlement in a few key ways:
- It may entitle you to additional compensation for emotional distress and mental anguish caused by the accident. PTSD is considered a non-economic loss.
- PTSD can make it more challenging to negotiate a settlement if the psychological trauma impairs your ability to advocate for yourself. Hiring a lawyer to handle negotiations becomes even more critical in these circumstances.
- The insurance company may argue that your PTSD is unrelated to the accident or preexisting, attempting to lower your settlement. Your attorney can gather and present evidence to refute this argument.
- PTSD may prevent you from returning to work, resulting in lost income that warrants additional compensation.
Overall, PTSD can both increase the value of your personal injury claim by adding another category of damages and complicate the settlement process if it hampers your ability to negotiate effectively.
What Can Improve My Odds of Getting a Good Car Accident Settlement?
You can improve your chances of receiving a full and fair car accident settlement by taking the following steps:
- Document injuries extensively
- Follow doctor’s orders carefully
- Keep excellent records
- Avoid discussing fault
- Don’t post about the accident on social media
- Don’t accept an early quick settlement
- Hire an experienced Durham personal injury lawyer promptly
Contact Our NC Car Accident Lawyers for a Free Consultation
Filing an accident claim is not something you should have to face alone. Working with an experienced personal injury attorney can give you the support and advocacy you need while you focus on your recovery. The car accident settlement process is complicated, and the help of a knowledgeable attorney can help simplify it.
The experienced North Carolina car accident lawyers at Kreger Brodish LLP understand the challenges you are facing, and we will do everything in our power to make this process as efficient and effective as possible. We are committed to giving you and your case the individualized attention you deserve. Contact us today for a free consultation to learn more about how we can help you.
