Car accidents are devastating, but the reality is that you cannot control whether other drivers speed or drive recklessly thus causing a crash. What you can control, however, is how you respond after an accident if another motorist’s negligence leaves you with injuries and medical expenses.
If you or a loved one were injured in a car accident in Kernersville, NC, caused by another party’s negligence, the experienced Kernersville car accident lawyers of McIver Law Firm are ready and willing to help you recover your losses due to the crash. Call our Kernersville personal injury lawyers today at 336-727-9886 to schedule a free consultation.
How Can the McIver Law Firm Help You?
The legal team at McIver Law Firm has many decades of collective experience. We will do the following for you:
- Protect Your Rights – We will work tirelessly to ensure that your rights and interests are protected.
- Don’t Pay Unless You Win – You will not have to pay any upfront legal costs and will only pay a legal fee if we recover money for you through a jury award or settlement.
- We Pursue Maximum Compensation – We will fight to maximize your compensation by taking into account the damages you have suffered and presenting the strongest evidence.
What Should I Do After a Car Accident?
If you are ever involved in a car accident, you need to stay calm and do the following:
Move Your Vehicle to a Safer Location
If the crash is minimal and there are no significant injuries, you can relocate all vehicles to the shoulder of the road to help avoid a larger traffic delay and allow for easier access by first responders.
Check for Injuries
You should check whether anyone was wounded, starting with yourself and moving on to other passengers in your vehicle. Then, if it’s safe, check on the drivers and passengers in other vehicles.
Call 911 and Ask for Police and an Ambulance
If there are any injuries, call 911 immediately so that the injured can be attended to. It’s also important to call the police and tell them your side of the story. The police will then generate an accident report you can use to pursue a compensation claim.
Gather Evidence at the Scene
Write down what happened while your memory is still fresh and draw a diagram showing the position of the vehicles. If you can, take photos of the accident scene, the vehicles, and yourself.
Notify Your Insurance Company
You should contact your insurance company as quickly as possible regardless of who is at fault for the accident. Failure to notify the insurance company on time could risk your coverage.
Visit Urgent Care or Your Primary Care Physician
You should visit a doctor and get yourself checked out even if you believe you are fine. You might have suffered an injury that doesn’t become apparent until several days after the crash.
Meet with a Car Accident Attorney to Understand Your Legal Options
Seeking legal representation is important because a lawyer can help you file a claim and fight for the compensation you are entitled to under the law.
How Much Does a Car Accident Lawyer Cost?
Car accident lawyers are typically paid on a contingency fee basis. With a contingency fee payment structure, the client and lawyer agree on a certain percentage of the recovery (usually between 33 and 40%) of the recovery to be paid to the lawyer after winning a settlement or jury award.
Why Do I Need a Kernersville Car Accident Lawyer?
If you have been involved in a serious car accident in Kernersville, NC, hiring a car accident lawyer such as those at McIver Law Firm can be highly beneficial to help you with the following:
Our lawyers will prepare your case by filing all the required documents with the insurance companies and the courts. We will also keep track of all filing deadlines to ensure that your case moves forward smoothly.
Our lawyers use their legal knowledge and negotiation skills and experience to negotiate with the insurance company for you and ensure that you get the best possible settlement.
Trial Preparation and Representation
If settlement negotiations fail, we may need to take the insurance company to court. Alternatively, if the at-fault party didn’t have insurance, we may need to recover compensation through a lawsuit. In either case, we offer quality representation.
When Should I Get a Kernersville Car Accident Lawyer for My Auto Accident?
Call a lawyer immediately if any of the following apply to your situation:
- If fault is not clearly established
- If the accident causes significant injury to you or another person
- If the accident happens in a work or construction zone
- If the accident happens in a school zone
- If the accident involves an uninsured or underinsured driver
- If you disagree with the police report
- If the accident involves another motorist, such as other cars, a pedestrian, a cyclist, or a truck.
What is the Average Settlement Amount for a Car Accident in Kernersville, NC?
We have represented thousands of car accident victims throughout the state and it’s virtually impossible to say exactly what your settlement will be. Every situation is unique, with its own circumstances and factors that will influence how much compensation you receive.
What Types of Damages Can I Claim After My Car Accident?
Here are the different types of damages you can recover following a car accident:
Economic damages are those that can be easily quantified in monetary terms and are intended to make you financially whole again. They include but aren’t limited to:
- Past, current, and future medical expenses
- Repair or replacement of damaged or destroyed personal property
- Past and future lost wages
- Funeral, burial, or cremation expenses if the accident resulted in a fatality.
Non-economic damages are those that aren’t easy to quantify in monetary terms but are still intended to make you financially whole again. They include but aren’t limited to:
- Pain and suffering
- Amputation of limbs or digits
- Loss of use of a body part
- Loss of quality of life
Punitive damages are only ever ordered if you can prove that the defendant’s actions or inactions were willful, wanton, or reckless. Punitive damages are intended to make you financially whole again but rather to punish the defendant’s behavior.
How is Liability Determined in a Car Accident Case?
North Carolina is a pure contributory negligence state. This means that a person must be 100% at fault for the accident to be considered liable for the losses and injuries suffered by the injured party. You may lose your right to compensation if found to be even 1% at fault.
To win your case, you will need to prove the following 4 elements of negligence:
Duty of Care
You need to first prove that the at-fault party owed you a duty of care. The existence of a duty is fundamental to a successful claim.
Breach of Duty of Care
You then need to prove that the at-faulty party breached their duty of care, which can be the result of an action or inaction.
You must then prove that the at-fault party caused you harm or damage by breaching their duty of care.
Finally, you need to show that you actually suffered some damages i.e., your injuries and property damage.
What If I Was Partially at Fault for the Accident?
If you were partially at fault for the accident, you are not entitled to any recovery against the other driver. Instead, you will have to make a claim under the collision coverage of your own auto insurance policy.
How Long Do I Have to File a Claim?
Car accident injury claims in North Carolina must be filed within 3 years from the date of the accident while wrongful death claims for fatal accidents have to be filed within 2 years from the date of death.
What Happens If Insurance Denies My Claim?
If your insurance claim has been denied by your insurance company, you need to reach out to our car accident lawyers at McIver Law Firm immediately. We can help you find out why your claim was denied and help you file an appeal.
Can a Kernersville Car Accident Lawyer Help Me File My Initial Claim?
Yes. While it isn’t mandatory to hire a lawyer to help you file a claim, hiring one is invaluable since they will help you understand your rights, help you file your claim, and represent you in case legal disputes arise.
What Are the Most Common Causes of Auto Accidents in Kernersville, NC?
Negligence is the leading cause of car accidents in Kernersville, NC, but it can take many forms such as:
- Distracted Driving
- Failure to Yield Right Away
- Texting and Driving
- Reckless Driving
Why Should You Call McIver Law Firm for Your Auto Accident Case?
You should put your trust in the skilled Kernersville car accident lawyers at McIver Law Firm because we can do the following for you:
- Investigate the cause of the crash
- Gather evidence proving negligence
- Manage communication with the insurance company
- Negotiate a favorable settlement
- Take the matter to court if necessary.
Hurt in a Car Accident in Kernersville, NC? We Can Help!
A car accident can be overwhelming, not just because of the injuries and property damage, but also the legal processes that must be handled quickly after the accident. If you want to recover meaningful compensation after an auto accident involving a negligent driver, the experienced Kernersville car accident lawyers at McIver Law Firm can help.
Call us today at 336-727-9886 for a free consultation. We serve clients in Kernersville, NC and throughout Winston Salem.