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North Carolina Personal Injury Law: A Challenging Endeavor
Anyone who has suffered a serious injury in North Carolina may be able to secure financial compensation. However, the state makes it very difficult since any level of liability on the part of the injured person can derail a case – even when someone suffers severe motorcycle injuries. That’s why it’s critical to understand strategies for successful motorcycle accident claims in North Carolina.
Motorcycle accidents result in a disproportionate amount of serious injuries and deaths on our state’s roadways every year. While North Carolina negligence laws make it more difficult to recover fair compensation, the task certainly isn’t impossible. Injury victims with legal assistance and a solid legal strategy are frequently able to secure maximum financial recovery. Here’s what you need to know.
Taking on North Carolina Contributory Negligence Laws
When someone is injured in a motorcycle accident, they often have a tough road ahead. In addition to recovering from serious injuries – or family members handling issues for a severely injured loved one – it’s also necessary to establish liability on the part of a negligent party. In North Carolina, contributory negligence laws mean that no amount of negligence by the liable party can overcome any amount of negligence by the injured individual.
For instance, envision a situation where a motorcyclist is riding at excessive speeds and strikes a motorist who runs a red light. In this situation, a jury may believe that the rider was 10% at fault for the accident – while the motorist is 90% at fault. Rather than compensating the injury victim proportionately, North Carolina courts will disqualify the injured party from receiving any compensation at all.
It’s critical to understand this law and prepare yourself to counter allegations in court that you were partially responsible.
Gathering Strong Evidence
Understanding state law isn’t enough when identifying strategies for successful motorcycle accident claims in North Carolina. It’s certainly a good start, but you’ll need to focus more on gathering strong evidence to support your case. If you’re able, you should gather evidence immediately after the accident. This can include taking photos of the scene and obtaining witness contact information.
You’ll also want to make sure that you file a police report and visit a doctor. Hang onto every document you’re given – from the police report to medical bills. This will help you prove liability on the part of the negligent party, along with the damages they caused. If possible, you should also gather evidence disproving any suspected claims from the defense. However, not speaking to the insurance company without an attorney can go a long way in this effort.
Don’t Procrastinate
Handling everything in a timely manner might not exactly qualify as a legal strategy for successful motorcycle accident claims in North Carolina. However, doing so is an absolute necessity due to the statute of limitations in our state.
This is essentially a deadline for filing a personal injury claim. The North Carolina personal injury statute of limitations is three years, but this timeline can differ in some circumstances. This is why it’s best to contact a personal injury attorney as soon as possible.
Track All Expenses
Most people know that it’s important to document all their healthcare costs after a motorcycle accident. However, fewer individuals know that they can be compensated for more than just medical expenses. In addition to potential damages for non-economic losses (e.g., pain and suffering, emotional distress), you can also be compensated for indirect costs.
For instance, did you have to pay for rideshare services to get to your doctor appointments? Did you have to miss work and the pay that comes along with it? Do you have prescription costs or expected future medical expenses? Make sure you keep track of all of this. Every loss you experience due to a motorist’s negligence may be compensable.
Be Careful in Your Communications
One of the most important strategies for successful motorcycle accident claims in North Carolina is to simply be mindful of what you say. First, don’t talk about the accident on social media. These posts can easily be made public, and there’s no way to know if something that seems harmless could actually harm your case.
However, the most important area of communication you must be wary of is with insurance companies. Any admission of fault — no matter how minor — could disqualify you from personal injury compensation in our state. You’ll also want to be careful to not accept the first settlement offer. These are usually made without concern for fairness.
In most cases, it’s advisable to let an attorney deal with the insurance company.
Do You Need an NC Motorcycle Accident Attorney?
When a motorcycle rider is injured in an accident, they may question whether they need to hire an attorney. Perhaps they believe their case is “open and shut,” so they don’t think they’ll need help to win. Then again, maybe they just don’t believe they have the money to afford an experienced lawyer. Both of these false assumptions can prove disastrous.
No matter how clear you think liability is in your case, the fact is that insurers will try their best to pay as little as possible. In fact, their strategy for successful motorcycle accident claims in North Carolina is to prove just 1% of liability on the part of the injured. In our contributory negligence state, this is enough to disqualify you from damages.
Fortunately, you can secure legal help with no upfront costs. At Rowland & Yauger, our skilled personal injury lawyers do not get paid unless we secure compensation on your behalf. Contact us at 336-537-5547 to schedule your free consultation today.
