The Unique Aspects of Rear-end Car Accidents

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Practice Areas: Personal Injury, Trucking Accident

If you’ve been rear-ended in a car accident in North Carolina, you are in a unique position. While you may be tempted to try to negotiate and settle your claim directly with the insurance company, it is highly recommended you speak with a personal injury lawyer before doing so.

Why Is My Car Accident Unique

The unique aspects of a car accident in which you were rear-ended, revolve around liability. Each personal injury claim in North Carolina has a minimum two components: liability and damages. Before your personal injury attorney can successfully reach an agreement for damages in your case, they have to prove that the other party was responsible of “Liable” for the accident. In North Carolina, absent some rare circumstances, if you’ve been rear-ended, you will not be liable and the insurance company will accept fault.

How Does Liability Affect Damages

Liability affects damages in a few ways. Quite often, an insurance company will acknowledge your injuries and medical bills associated with the car accident; however, if liability is unclear, the insurance company may offer a discounted settlement based upon the percentage which they believe you contributed to the accident. In fact, in many instances, the insurance company will deny liability altogether based on any contribution you made to the accident.

How Your Personal Injury Attorney Overcomes These Obstacles

Your personal injury attorney overcomes obstacles surrounding denials of liability and discounted settlement offers in a few ways. Personal injury attorneys are well-versed in the NC General Statutes as well as the most recent and relevant case law surrounding accidents with fact patterns similar to yours. As a result, your attorney will put forth a persuasive argument to the insurance company that they may lose this case at trial if they fail to offer a reasonable settlement prior to the filing of a lawsuit.

Won’t The Attorney’s Fees Reduce My Damages Award

Quite the opposite. It has been my experience that the personal injury attorney is able to procure a settlement offer for you that results in more net proceeds to you than if you had proceeded without an attorney. Additionally, your attorney may be able to negotiate your medical billing, based on the provisions contained in N.C.G.S. 44-49 and 44-50. Those statute sections address medical liens in personal injury claims, and place limits on what billing providers are entitled to in a personal injury settlement or lawsuit.

Speak With A Charlotte Personal Injury Attorney Today

We offer free phone consultations for individuals who are trying to determine their rights, and make decisions about next steps in a personal injury claim. The call will cost you nothing, and providing guidance is part of our job. Call 704.749.7747 today to speak with a personal injury attorney, or visit our website to request a call at www.thelaytonlawfirm.com. We know you have choices, and we hope you choose to Recover With Us.

 

From the Author: Christopher D. Layton

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