Raleigh, North Carolina, is the state capital and a rapidly growing city in the Research Triangle region, with a population of around 480,000. Known for its blend of Southern charm and urban sophistication, Raleigh boasts a strong economy, driven by technology, healthcare, and education, and is home to North Carolina State University.
The city offers a rich cultural scene with notable institutions like the North Carolina Museum of Art and a vibrant music scene, highlighted by events like the Hopscotch Music Festival. Raleigh also features extensive parks, such as Pullen Park and Umstead State Park, providing ample recreational opportunities. With its economic opportunities, educational excellence, and cultural vibrancy, Raleigh stands out as a premier city in North Carolina.
Car crashes, especially serious car accidents, are some of the most devastating incidents a person can experience. Even if you drive carefully, there is little you can do about other motorists on the busy Raleigh roads. All it takes is a speeding, distracted, or drunk driver to leave you in a dire situation, and if the incident is severe, you may be looking at surgery, lengthy treatment procedures, rehabilitation, and therapy. In addition, you may be forced to miss work and lose the ability to earn income, which can be financially, physically, and mentally distressing.
If you or a family member has been a victim of a car accident caused by another party’s negligence, the law allows you to seek compensation for sustained injuries and losses. However, dealing with negligent motorists and insurance companies is no walk in the park. As such, it’s crucial to arm yourself with the right information and have an experienced Raleigh car accident law firm help you with the claim.
What to Do After a Car Accident in Raleigh
Experiencing an accident can leave you frightened and confused, and many people don’t know what to do right after. The actions you take at this stage are important to protecting your rights and ensuring you have a solid case.
1. Call 911
If anyone on the scene sustains injuries, calling the paramedics should be the first thing. Other than acting right, calling 911 helps avoid accusations of negligence and scuffles with the other party. If no one was injured, it’s still important to call the authorities to make a police report of the incident. If you and the other party have conflicting stories, this report will be important in building your case.
2. Document the Scene
It’s advisable to document the scene, specifically by taking photos and videos of injuries sustained, damage to vehicles and other property, weather conditions, and nearby road signs.
In addition, take statements and contact information of anyone who saw the accident. They can help paint a picture of what occurred before, during, and after the incident when you’re arguing your case.
3. Seek Medical Attention
Even if you feel okay and there are no obvious injuries, it’s important to have a doctor check your body. Adrenaline may hide some of the injuries, while some take days or even ways to become apparent.
A physician’s notes, treatment records, and medical bills will be essential in proving the extent of your injuries.
Also, make sure you follow your doctor’s instructions regarding restricted activities. The last thing you want is to worsen your condition and give the insurance provider a reason to argue the injury was not as severe as you claim.
4. Consult a Car Accident Attorney
When you have an experienced car accident lawyer, you’ll be able to understand your rights following an auto accident caused by negligence and how to protect them. An experienced Raleigh car accident lawyer will also provide guidance on how to make the most of the evidence collected at the accident scene.
What is a Car Accident Claim?
A car accident claim is a legal process to recover financial compensation from the at-fault party for damages incurred in a car accident.
A car accident injury claim specifically addresses the compensation for injuries sustained in the accident. This includes costs like medical bills, lost wages, property repairs, and compensation for pain and suffering.
Typically, claims are filed against the at-fault driver’s insurance company. However, depending on the circumstances, other parties might be involved, such as vehicle manufacturers, road maintenance authorities, or other drivers. The specific process and potential compensation vary based on the location of the accident.
How Fault is Determined in a Car Accident Claim
Determining fault in a car accident typically involves an investigation by insurance adjusters. Determining fault in a car accident case typically involves an investigation by insurance adjusters. They review the evidence, which can include police reports, photos or videos from the scene, witness statements, and damage to the vehicles. They also consider traffic laws and any violations that may have occurred. In some cases, accident reconstruction experts may be brought in to help establish what happened.
It is important to note that in North Carolina, negligence laws follow the doctrine of pure contributory negligence. This means that if a plaintiff is even partially at fault (even as little as 1%), they cannot recover damages. Unlike most states that use comparative negligence, where damages are reduced based on the plaintiff’s degree of fault, North Carolina adheres to the strict rule of contributory negligence.
Elements You Must Prove in a Car Crash Claim
In Raleigh, there are three elements that you have to prove in order to show that you deserve compensation following a car accident. These include:
(i) Negligence
In a typical auto accident claim, you need to show that the other party drove in a negligent manner. In this case, negligence means they failed to act as a reasonably careful motorist would under the same conditions.
(ii) Suffered Serious Injuries or Property Damage
In order to recover auto accident damages, you’re also required to prove that you sustained injuries or that your property was damaged. Some of the most common and serious injuries in car accidents include broken bones, head injuries, soft tissue injuries, and whiplash.
(iii) Losses Experienced Were Due to Negligence
Also known as causation, this element involves showing that the other party’s negligent behavior was the direct cause of your losses. An example is when a motorist runs a red light, broadsides your vehicle, and as a result, you suffer a broken arm.
What Types of Damages are Available?
There are several types of damages that can be awarded in a car accident claim. In car accident cases, the nature and extent of your injuries and losses will play a crucial role in determining the damages to be awarded. Keep in mind that the nature and extent of your injuries and losses will play a crucial role in determining the damages to be awarded.
Medical Expenses
These are some of the most common damages an individual can claim following a car accident. They include any past, current, and future medical costs related to the injuries. They include payment for doctor and hospital bills, medication, rehabilitation, and therapy.
Lost Wages and Earning Capacity
Following a severe accident, you may be unable to work during the treatment period or go back to your previous position. This can cause a huge financial strain for you and your family. As such, you have the option to claim compensation for lost wages and earning capacity. This is calculated based on the severity of the injury, age, type of job, and career potential.
Property Damages
Your car and other items may have been damaged due to the accident. This economic damage covers the cost of car repair or replacement and other damaged property during the incident.
Physical and Emotional Suffering
It’s not just the financial hurdles of a car accident that can affect the victim. You may also experience physical pain, suffering, emotional distress, loss of life’s pleasures, loss of social life, etc. These are considered when awarding damages.
The Role of a Raleigh Car Accident Law Firm
Car accident attorneys at a law firm play a crucial role in helping individuals navigate the complex legal and insurance processes following a car accident. These firms specialize in personal injury law and provide expertise, support, and representation to ensure victims receive fair compensation for their injuries and damages.
1. Legal Guidance and Evaluation
A car accident law firm starts by providing a comprehensive evaluation of the case. They assess the details of the accident, including the extent of injuries and property damage, to determine the potential for a successful claim. This initial consultation helps you understand your legal rights and the steps involved in pursuing compensation.
2. Evidence Collection and Investigation
One of the primary roles of a car accident law firm is to gather and preserve crucial evidence following a motor vehicle accident. This includes obtaining police reports, medical records, witness statements, and any available video footage. They may also collaborate with accident reconstruction experts to build a strong case that clearly establishes liability and the extent of damages.
3. Communication and Negotiation
Dealing with insurance companies can be daunting for accident victims, especially when filing an injury claim. Car accident law firms handle all communications with insurance adjusters, ensuring that your statements are accurately represented and that their rights are protected. They negotiate on your behalf to secure a fair settlement that covers medical expenses, lost wages, pain and suffering, and other related costs.
4. Legal Representation
If a fair settlement cannot be reached through negotiation, the car accident law firm will represent you in court. They prepare and file all necessary legal documents, develop a litigation strategy, and advocate for your interests throughout the trial. Their goal is to achieve the best possible outcome, whether through a settlement or a court verdict.
Consult a Raleigh Car Accident Law Firm for Free!
Motor vehicle accidents, no matter their scale, tend to lead to physical harm, emotional distress, and financial strain. In such moments, you need more than just legal representation; you require unparalleled advocacy to help you through the storm.
Our team of Raleigh car accident lawyers have the necessary skills and resources to ensure you get the justice you deserve. We keep our clients updated as they focus on recovering; if it comes to it, we are not afraid to take your case trial. Call us today (901) 443-9133 for a free initial consultation!
