Winston Salem Personal Injury Lawyer

Getting back on your feet after a personal injury — caused by another person, or another entity’s negligence — can be extremely difficult. It is even worse when you are swamped with medical bills, unexpected expenses and have been out of work due to the accident. A Winston Salem personal injury lawyer can help if you are in such a situation.

At McIver Law Firm, we truly want to help because we understand how difficult or overwhelming it can be after suffering a personal injury or losing a loved one. We aim to help our clients receive compensation and closure for their losses. We have helped over 1,000 clients win verdicts and settlements — our successful track record speaks for itself!

While the compensation our clients receive in their personal injury cases matters, that is not what mainly drives us to work tirelessly to win them maximum damages. It is about justice and ensuring the negligent person or party is held responsible. Recovering from your injury might be difficult and frustrating, but getting justice should not be complicated.

Ready to file your Winston Salem personal injury claim? Call us at 336-727-9886 today, and let us get started on your case with a risk-free initial consultation.

Table of Contents

Do I Have A Personal Injury Case?

Getting hurt in an accident does not always warrant a personal injury case since several factors will influence if you have a case. To determine if you have a case, we will analyze the case and determine if there is enough evidence, damages, and credible witnesses. We will also find out if the negligent party has money because there is no point in moving forward with the case and filing a claim against someone without money.

Each personal injury case has elements with sub-elements that should be determined to win damages. The following is the best way to determine if you have a case:

  • Are you injured?
  • Is another person or party responsible for your injury?
  • Did this injury result in damages?

If all your answers are yes, it may be time to sit down with our personal injury attorney.

Types Of Personal Injury Cases We Handle

The personal injury attorneys at McIver Law Firm represent clients in various personal injury cases. We are prepared to help you navigate the complicated litigation process and assert your rights. We handle the following personal injury cases:

Car Accidents

Car accidents can cause serious injuries that need intensive medical care, which is often expensive. Our car accident lawyers in Winston Salem have over 30 years of experience handling car accident cases and we do everything possible to ensure you recover maximum compensation for your damages.

Truck Accidents

Truck accidents are fatal and harder to navigate than other auto accident cases since multiple parties can be at fault. Our truck accident attorneys have experience working on truck accident cases and a successful track record helping victims win damages.

Motorcycle Accidents

Most motorcycle accidents are catastrophic, and insurance companies tend to assign all liability to motorcyclists to avoid paying them damages. At McIver Law Firm, our motorcycle accident attorneys fight for our client’s rights, have gone against the most aggressive insurance companies, and won.

Uber Accidents

Uber accidents can be complicated, but our rideshare and Uber accident attorneys in Winston Salem have successfully represented clients with similar cases, doing everything in their power to make sure that the $1 million insurance policy Uber has on all drivers is used to appropriately compensate injury victims.

Wrongful Death

While no amount of compensation can bring back your loved one, receiving appropriate compensation for you and your family’s loss can help with what the future may hold. Families often struggle to grieve their loved ones while navigating a wrongful death case as they are unfamiliar with legal system and the laws that they could cite to argue their case. Let our attorneys that specialize in wrongful death cases take over the legalities of the case while you and your family grieve.


Schedule a free initial consultation with our injury attorneys. Put our 30+ years of experience to work for you! We handle every case with the personal attention you deserve!

Slip & Fall

If you are in a slip-and-fall accident due to the carelessness of a person or business, consulting an attorney with experience handling slip and fall accident cases can be the difference in you receiving fair compensation or a significant hole in your bank account. Let the team at McIver Law Firm help you get the compensation you deserve.

Premise Liability

If you are hurt on someone’s property due to their negligence, our premises liability lawyers can help you recover compensation. Premises liability claims can cover a wide array of injuries, as long as it occurred on the property of someone else (individual or business) and was caused by the other party’s negligence to address a known (or what should have been know) issue.

Product Liability

Suppose you are hurt due to a defective or harmful product. In that case, our product liability attorneys can help you hold the manufacturing company accountable and ensure you recover full damages.

Workers Compensation

Our workers’ compensation attorneys near you could represent your case and help with your workers’ comp claim if another person’s carelessness caused your work injury.

Why Should I Hire An Attorney For My Personal Injury Case?

A personal injury lawyer can help you in the following ways:

  • Meet you and discuss how the accident happened, help you determine the liable party and how the injuries you suffered will affect your life
  • Establish if you have a case and the settlement you should ask for
  • Demand for payment, from negligent parties and insurance companies, on your behalf
  • Ensure you receive proper medical care and everything is documented
  • Investigate your case, collect and compile evidence
  • Get testimony from experts on how your injuries will affect your quality of life
  • Handle all the paperwork and correspond with insurance companies and attorneys of the liable party
  • Answer questions you have and keep you updated on your case development
  • Handle settlement negotiations on your behalf
  • Help you build a strong and compelling case and represent you in the trial if necessary

At McIver Law Firm, we pool all our resources into your case to help you achieve a favorable outcome.

How Much Is My Case Worth?

There is no set amount for the value of your personal injury claim in North Carolina. Some cases can be worth millions when you consider the actual cost of an accident. Besides the short-term medical expenses, this often includes recovering lost income, physical therapy, future lost income, pain & suffering, and more.

To establish the value of your personal injury claim, consult our attorneys by calling 336-727-9886 today.

How Much Does It Cost To Hire A Winston Salem Personal Injury Lawyer?

It costs you nothing from your pocket or any upfront fee when you hire our personal injury attorney. You do not have to forego legal support and guidance out of concern about how much it costs to retain a Winston Salem personal injury lawyer. McIver Law Firm will represent you on a contingency fee basis.

We will never charge you any attorney expense or fee unless we win a monetary settlement. Our attorney fee is contingent upon you recovering financial damages from the negligent party that caused your injury. So, you will owe us nothing if we do not win your case.

What Should I Do After A Personal Injury?

A personal injury claims process begins right after your accident. So, you should take certain steps to protect your injury claim, including the following:

Call The Police

You should call the police, especially if the accident resulted in damages, injury, or death. The police will write a detailed report, which will be vital for your claim.

Do Not Admit Fault

Never admit fault, as doing so may jeopardize your chance of winning your claim.

Document The Scene

Always take videos and photographs of your injuries and the accident scene, as they provide valuable evidence when you file your claim.

Get Medical Attention

Even if you feel fine and have no visible injuries, always seek medical attention after an accident. Prompt medical attention ensures all your injuries receive treatment, and medical records prove the injuries were from the accident.

Never Talk to Insurance Companies Alone

Always consult a personal injury lawyer before talking to insurance companies. They can easily construe your words, which may hinder you from recovering compensation.

Contact A Winston Salem Personal Injury Lawyer Today

An attorney will tell you your rights and available legal options following your accident. They also prevent you from making mistakes that might hurt your claim.

woman calls Winston Salem personal injury lawyer after a car accident

How Long Do I Have To File A Personal Injury Claim?

North Carolina has a set deadline for filing a personal injury claim. This deadline limits your time to sue the negligent party to three years from the date of the injury. Generally, the three years commence from the date of the injury or accident, but specific circumstances can defer the deadline.

For instance, if patients take prescribed medication and then have cancer and find out the medication caused their cancer years later, the statute of limitation would begin when they make this discovery. Other exceptions, such as claims against the government, may shorten the time you have to bring the claim.

How Is Negligence Determined In A Personal Injury Case?

You must prove a few key elements to prove negligence in a personal injury case. These elements include:


The duty of care is an obligation one has to avoid placing others in the path of danger or injuring them. In most cases, everyone owes the other some measure of care. The only question is, who is the duty owed, and how broad is the duty owed?


Once you recognize duty of care is involved in your injury, you have to establish whether the party that owed you duty lived up to their legal obligation. If they created or allowed a dangerous situation, they breached the duty of care. For instance, a car running a red light or speeding is a breach of duty.


Once you prove that the other party breached their duty to you, you have established their legal responsibility for your injuries. But they may claim that their breach of duty did not cause your injuries or accident. In that case, you must prove that their breach directly caused the accident or injuries.


When negotiating for a settlement, your damages — property damage, physical injuries, emotional injuries — are often the point of contention.

Our injury attorneys can walk you through more about proving liability in your case.

How Do You Prove Negligence?

To recover compensation, you must prove negligence, which is a difficult task and will require the help of a qualified attorney. You must provide enough evidence to prove negligence to build a strong claim against the negligent party. The four elements — duty, breach of duty, causation, and damages — are what you require to prove negligence in a personal injury claim.

What Types of Damages Are Recoverable?

The personal injury attorneys at McIver Law Firm advocate for the best possible value for our client’s injury claims. We know how to get you the maximum financial compensation possible. We can help you advocate for the following damages:


Economic damages will include:

  • Property damage
  • Medical and rehabilitative bills
  • Costs of modifying a home or vehicle, such as for a wheelchair
  • Lost wages and earnings
  • Funeral costs in case of death


Non-economic damages cover damages that affect your life but have no particular monetary value and may include:

  • Disability
  • Pain and suffering
  • Loss of consortium or companionship
  • Emotional and mental anguish

Punitive Damages

In some rare cases, you may be awarded punitive damages. They are meant to punish the guilty party who acted egregiously and deter similar behavior in the future.

winston salem personal injury lawyer concept

How Long Will My Personal Injury Case Take?

There is no standard period to how long solving a personal injury case takes since each case is unique. Other cases can be solved in weeks or months, while others may take a year or more. Factors affecting how long your case will take include the following:

  • The complexity of your case
  • Severity of your injuries
  • Extent of damages
  • Court scheduling
  • Defendant’s willingness to settle
  • You and your financial needs

Will I Have To Go To Trial?

Most personal injury cases do not go to trial. The following factors may influence if your case goes to trial:

  • The severity of your injuries: It is usually difficult to reach a fair settlement when your injuries are severe, as a lot of money is involved. Since insurance companies have more to lose in such a case, they try to minimize your payout.
  • The evidence quality: Insurance companies will be forced to settle if you have strong evidence that is hard to disprove.

At McIver Law Firm, we are skilled negotiators who have successfully helped clients resolve their injury claims and represented them in the trial when necessary.

What Is The Personal Injury Claim Process?

While personal injury cases differ, the claims process is the same. The process generally involves the following steps:

File An Insurance Claim

Your attorney will file notices of claim on your behalf, ensuring they are filed within the deadline following the right procedure.

Write A Demand Letter

Your lawyer will draft a demand letter to the insurance company and the negligent party’s insurance or attorney on your behalf. The demand letter will summarize the case facts, legal arguments, injuries, damages, and the settlement demand amount.

Evaluate Settlement Proposals

Once the other party and insurance company receive the demand letter, they will send a counteroffer, which your attorney may advise you to take if they deem it fair.

Attend Settlement Conferences

The parties may meet to discuss the initial demand and the counteroffer and see if they can reach a middle ground. Your attorney may advise you to settle depending on your case.

If Necessary, Trial

Your case will proceed to trial if the parties involved cannot reach an agreement.

Choose A Personal Injury Lawyer That Will Fight For You, No Matter What!

Working with a Winston Salem personal injury lawyer is crucial if your injuries are due to another party’s carelessness. At McIver Law Firm, we are proud to help ordinary people navigate some of the most difficult parts of their lives. Our personal injury attorneys have extensive experience preparing cases, negotiating settlements, and winning results on behalf of our clients at trial.

With a long history of success and several million-dollar settlements in personal injury cases, our attorneys have countless five-star reviews from our clients.

Call us at 336-727-9886 today or fill out our contact form to schedule your free consultation.

Personal Injury

Car Accidents