Being involved in a car accident can be a life-changing experience, impacting your health, finances, and overall well-being. At Mogy Law, we understand the stress and uncertainty that follows a car accident and are here to help you navigate the complexities of the North Carolina legal system. With years of experience, our team is dedicated to helping accident victims recover the compensation they deserve, whether it be for medical expenses, lost income, or emotional pain and suffering.
Don’t hesitate to reach out to a Durham car accident lawyer. Call us today for a free consultation.
How a Durham Car Accident Lawyer Can Help Victims
After a car accident, you may find yourself dealing with multiple challenges, from managing medical treatment to negotiating with insurance companies. These challenges can be overwhelming to handle alone, especially while you’re trying to recover physically and emotionally. This is where a Durham car accident lawyer from Mogy Law can make a significant difference. Here’s how we can help you:
Gathering Evidence
Building a strong car accident claim relies heavily on solid evidence. Our legal team at Mogy Law will take comprehensive steps to gather all the necessary documents and details to support your case:
- Police Reports: We obtain the police report for your car crash, as it includes important information about the incident and may indicate who was at fault.
- Witness Statements: We contact and interview any witnesses who may have seen what happened at the accident scene. Witness accounts are valuable in supporting your version of events.
- Medical Records: Your medical treatment documentation is crucial to proving the severity of your injuries. We help compile all your medical bills, records, and doctor’s notes, ensuring there is clear evidence of your condition.
- Accident Reconstruction: In complex cases, we may work with accident reconstruction experts to create a detailed picture of how the auto accident occurred. This can be key to establishing fault.
- Traffic Camera Video: We gather any surveillance footage that may have captured the car accident.
Negotiating a Settlement
Dealing with the insurance company is one of the most challenging aspects of a car accident case. Insurance adjusters aim to minimize the payout to protect their company’s bottom line.
Our Durham car accident lawyers will communicate with the at-fault driver’s insurance company. We aggressively negotiate for a fair settlement that fully compensates you for medical expenses, lost wages, and other losses.
We will calculate your total damages, including non-economic damages like pain and suffering. We understand insurance company tactics and will protect your rights.
Representing You in a Lawsuit
While many car accident claims are resolved through settlement, sometimes insurers refuse to offer a reasonable amount. If necessary, our experienced Durham auto accident attorneys are prepared to take your case to court.
Our legal team will work tirelessly to build a compelling case using all available evidence. We aim to clearly establish the other driver’s negligence and show how their actions caused the car wreck. We provide you with dedicated representation, handling all aspects of the legal process.
What to Do After a Car Accident in Durham, NC
Knowing what to do after a car accident can significantly impact your car accident claim and the compensation you may be entitled to receive. Here are the crucial steps to take after being involved in a car crash in Durham, North Carolina.
Call the Police
No matter how minor an auto accident may seem, always call the police. The responding officer will create a police report that will serve as official documentation of the incident. This report is often critical evidence when establishing fault in your case.
Take Photos of the Accident Scene and Exchange Information
If you are physically able to do so, take photos of the accident scene, including vehicle damage, injuries, road conditions, and anything else relevant. This evidence can be valuable when building your case. Make sure to exchange contact and insurance information with the other driver, including their name, address, and policy details.
Do Not Discuss Fault
Avoid discussing who may be at fault while at the scene. Admitting fault, even casually, can impact your ability to recover compensation later. Leave it to investigators to determine fault.
Seek Medical Care as Soon as Possible
Even if you do not feel injured, it is important to seek medical treatment after a car accident. Some injuries may not be obvious right away, and delaying treatment can harm both your health and your personal injury claim. Keep all medical records and medical bills as they will be important for your case.
Report the Accident to Your Insurance Company
Notify your own insurance company about the auto accident, but be careful about what you say. Simply provide the necessary facts and let your attorney handle the detailed discussions with the insurers.
Contact a Durham Car Accident Attorney
To protect your rights, contact an experienced car accident lawyer as soon as possible. At Mogy Law, we provide a free consultation to evaluate your case and advise you on the best course of action. Having an attorney on your side can make a significant difference in the outcome of your case.
Types of Car Accidents We Handle
At Mogy Law, we handle a variety of motor vehicle accident cases, including but not limited to:
Distracted Driving Accidents
Distracted driving is one of the leading causes of car accidents. This includes any activity that takes the driver’s attention away from the road, such as texting, talking on the phone, or eating. These types of accidents are often preventable and can result in severe injuries.
Drunk Driving Accidents
Driving under the influence of alcohol or drugs is dangerous and often results in catastrophic accidents. If you were injured by a negligent driver under the influence, our Durham car accident attorneys will fight to hold them accountable.
Speeding Accidents
Speeding reduces a driver’s ability to react to sudden changes on the road, increasing the likelihood of an accident. Car accidents involving excessive speed often result in severe injuries due to the increased impact.
Rear-End Accidents
Rear-end collisions are common and often caused by distracted or inattentive drivers. Even at low speeds, rear-end accidents can lead to injuries like whiplash, which can cause long-term pain and complications.
Head-On Collisions
Head-on collisions are among the most dangerous types of auto accidents and often result in serious injuries or fatalities. If you or a loved one has been involved in a head-on collision, we are here to help you seek justice and compensation.
Hit-and-Run Accidents
At Mogy Law, our mission is to help hit-and-run victims get back on their feet. Our Durham car accident attorneys will fight tirelessly for you.
Fault in a North Carolina Car Accident Case
North Carolina follows an at-fault system for car accident claims, meaning the at-fault driver’s insurer is responsible for compensating the accident victims for their damages. Understanding how fault is determined is crucial for your car accident case.
To successfully recover compensation, your Durham car accident lawyer must prove that:
- Duty of Care: The other driver had a legal duty to drive safely and obey traffic laws.
- Breach of Duty: The driver breached this duty through negligent actions such as speeding, distracted driving, or drunk driving.
- Causation: The negligent driver caused the auto accident and your injuries.
- Damages: You suffered losses such as medical expenses, lost wages, and pain and suffering because of the wreck.
Contributory Negligence
North Carolina follows a contributory negligence rule, which means if you are found even partially at fault for the accident, you may not be able to recover compensation. This is why it is critical to have an experienced Durham auto accident attorney who can present a strong case that clearly shows the other driver’s negligence.
Compensation for Car Accident Victims
If you’ve been injured in a motor vehicle accident, you may be entitled to several types of compensation, including:
Medical Bills
Medical expenses can add up quickly, especially if you require ongoing treatment or rehabilitation. Compensation can cover hospital bills, medication costs, physical therapy, and any other medical treatment related to the accident.
Lost Wages
If your injuries prevent you from working, you can seek compensation for lost wages. This includes not only time missed from work but also potential future earnings if you are unable to return to your previous job.
Property Damage
You can also seek compensation for the property damage to your vehicle, whether it involves repair costs or the replacement value if your car was totaled.
Pain and Suffering
Pain and suffering damages compensate you for the physical pain and emotional distress you experienced due to the accident. It can also cover psychological conditions like post-traumatic stress disorder that develop as a result of the accident.
Punitive Damages
In cases involving extreme negligence, such as drunk driving, you may be entitled to punitive damages. These damages are intended to punish the at-fault party and deter similar behavior in the future.
Frequently Asked Questions
What is the Deadline for a Car Accident Lawsuit in North Carolina?
In North Carolina, you have three years after a car accident to file a personal injury lawsuit. This is known as the statute of limitations. Missing this deadline means losing your right to seek compensation, so it is crucial to act promptly.
Will My Case Go to Court?
Not all car accident cases go to court. Most are settled through negotiations with the insurance company. However, if the insurer fails to offer a reasonable settlement, we are prepared to take your case to trial to fight for the compensation you deserve.
How Much Does a Durham Car Accident Attorney Cost?
At Mogy Law, we work on a contingency fee basis, which means you do not pay anything unless we successfully recover compensation for you. This ensures that everyone, regardless of their financial situation, has access to quality legal representation.
What If the Other Driver Is Uninsured or Underinsured?
If you’re involved in a car accident, the expectation is that the other driver’s car insurance will help pay for vehicle repairs and medical costs. But what happens if the other driver doesn’t have insurance coverage or their auto insurance policy doesn’t cover all your losses?
While you have the option to sue the other driver personally, recovering compensation from someone with limited assets is challenging.
You can choose to file a claim with your own insurance. Uninsured Motorist (UM) coverage is designed to protect you when the at-fault driver lacks insurance. If the other driver’s policy limits are lower than your damages, underinsured motorist (UIM) coverage can help cover the difference.
Contact Us for a Free Case Evaluation Today
If you or a loved one has been injured in a car accident in Durham, NC, Mogy Law is here to help. We understand the challenges you may be facing and are committed to helping you recover the fair compensation you deserve.
Contact us today for a free consultation to learn more about how we can assist you in your journey toward recovery. Our experienced team of Durham car accident lawyers is ready to fight for your rights.