After a motor vehicle collision, having legal representation can help protect your right to compensation. Insurance companies may argue that you share fault for your collision, aiming to undervalue or outright deny your claim.
A car accident lawyer in Kannapolis can build your case and challenge an insurance company’s determination of fault and the amount of compensation you are owed, working to secure the maximum compensation possible.
At Auger & Auger Accident and Injury Lawyers, we have recovered over $100 million for our clients and bring decades of experience to every case. A Kannapolis personal injury lawyer from our team can guide you through the process of seeking fair financial recovery. Call us for a free consultation.
How North Carolina’s Pure Contributory Negligence Rule Applies to Auto Accident Cases
North Carolina follows a pure contributory negligence rule, one of the most restrictive laws for victims like you pursuing personal injury claims. If the plaintiff (ie, the victim) is found to be even 1% at fault for the accident, they are barred from recovering any compensation.
Proving liability in a contributory negligence state requires thorough evidence and clear arguments. Under N.C. Gen. Stat. § 1-139, the party asserting contributory negligence has the burden of proving that defense, so the insurance company and their lawyers will work to shift blame onto you where they can immediately.
A Kannapolis car accident attorney can investigate the accident to demonstrate the defendant’s fault. We can also counter an insurance company’s determination of fault if it claims that you contributed to the accident.
Exception to Contributory Negligence in Cases of Gross Negligence
North Carolina’s contributory negligence rule bars recovery if a plaintiff is even slightly at fault except in cases where the at-fault driver was acting “grossly negligent”.
For example, if the driver who hit you was driving under the influence or engaging in reckless behavior that showed a disregard for the safety of others, you may still be able to recover damages despite being partially at fault.
This exception focuses on the severity of the defendant’s actions and their impact. A Kannapolis car crash lawyer can review the details of the case to determine if this exception may apply.
Why Choose a Kannapolis Car Accident Attorney From Auger & Auger?
At our law firm, each of our attorneys has an average of 19 years of personal injury experience. Our team has recovered over $100 million for clients, handling cases involving everything from minor injuries to catastrophic losses.
Through our A&A Zero Fee Guarantee™, you won’t pay any upfront costs or legal fees unless we recover compensation in the form of a settlement or verdict. You can focus on your medical recovery without worrying about attorney fees.
We understand the legal challenges accident victims may face and are committed to providing personalized attention and guidance every step of the way.
Types of Compensation You May Be Eligible for After a Car Crash
Auto collisions have the potential to result in catastrophic injuries, such as traumatic brain injuries or spinal cord injuries. In the most devastating cases, these accidents can lead to fatalities. When injuries are severe, settlement offers should reflect the extent of losses a victim and their family face so that they can recover as best as possible.
These outcomes often require compensation that reflects both immediate costs and long-term medical needs. Our Kannapolis car accident attorneys advocate for fair compensation and are prepared to take your case to trial if necessary.
Medical Expenses
Medical bills after a car accident can accumulate quickly, including emergency care, hospital stays, surgeries, rehabilitation, and prescription medications.
In cases of serious or permanent injuries, future medical needs such as long-term therapy or specialized care should be accounted for in the settlement.
Lost Wages and Earning Capacity
When injuries prevent you from working, either temporarily or permanently, compensation for lost wages can help cover the income lost during your recovery.
In cases of severe or permanent injuries impacting a person’s ability to perform their job or return to work, Kannapolis car accident lawyers may also seek damages for diminished earning capacity.
Property Damage
Car accidents often result in significant damage to vehicles or other personal property. Compensation can include vehicle repairs or replacement, as well as reimbursement for any items inside the vehicle that were damaged during the crash.
Pain and Suffering
The physical pain and emotional turmoil victims suffer after a car accident can have lasting consequences. Pain and suffering, which is non-economic damage, addresses the physical discomfort, emotional distress, and diminished quality of life caused by the injuries.
Wrongful Death Damages
When auto accident fatalities occur, the victim’s family may pursue wrongful death damages. These damages can help cover funeral expenses and burial costs, medical bills incurred before death, and the loss of financial support the deceased would have provided.
Families may also seek recovery for the loss of income their loved one contributed to the household and loss of companionship and guidance. Our Kannapolis wrongful death lawyers provide compassionate legal representation for grieving families.
Seeking compensation that fully reflects the extent of your losses helps provide financial security and justice for victims and their families.
Statute of Limitations for Car Accident Lawsuits in North Carolina
The statute of limitations for filing a lawsuit after a car accident is generally three years, under N.C. Gen. Stat. § 1-52. Motor vehicle collision victims who fail to file a personal injury lawsuit within this time frame risk having the court dismiss their cases and losing the ability to pursue compensation through the legal system.
Families generally have less time to take legal action for the wrongful death of a loved one. According to N.C. Gen. Stat. § 1-53, a wrongful death claim generally must be filed within two years from the date of the victim’s death. North Carolina law allows limited exceptions to these deadlines, such as cases involving minors or individuals who are legally incapacitated, which may extend the filing period.
Some claims, such as those against North Carolina state agencies under the Tort Claims Act or other special proceedings, carry distinct, often shorter filing deadlines. These exceptions are rare and should not be relied upon without consulting a personal injury lawyer.
Call Us for Help From Our Car Accident Attorneys in Kannapolis
Legal representation can make a difference after a car accident, especially when dealing with North Carolina laws and negotiating with insurance companies.
At Auger & Auger, our attorneys are committed to holding negligent parties accountable and seeking fair compensation for the injured. With over $100 million recovered for clients in verdicts and settlements, we are prepared to guide you through the legal process.
Call us today for a free consultation and learn how we can assist with your claim.
