Car accidents are one of the most common causes of personal injuries throughout Catawba County each year. These incidents can happen in many ways, often unexpectedly, and resolving the aftermath of any accident can be more complex than you may initially anticipate. Even if fault for your accident seems perfectly clear, the actual legal process of proving liability and securing compensation for your damages can be more difficult than the average car accident victim expects.
Helton, Cody & Associates, PLLC, is an experienced team of Conover car accident attorneys ready to provide the comprehensive legal counsel you need in the aftermath of an accident someone else caused. Our team has successfully represented many past clients in various accident claims, and we are ready to leverage this experience on your behalf. The sooner you contact our firm after an accident, the more likely you are to secure maximum compensation for your damages.
North Carolina law requires a driver to prove fault for their accident before they can recover any compensation for their damages. The typical recovery process after a car accident in Conover is filing an automobile insurance claim against the at-fault driver, followed by a personal injury claim when their insurance cannot fully compensate the victim’s damages. Most car accidents reported in the Conover area are the result of negligence, or failure to use reasonable care behind the wheel. Speeding, moving violations, and distracted driving are the most common examples of negligence that can cause serious accidents.
Your Conover car accident attorney can assist you in gathering physical evidence from the scene of the accident, video evidence from traffic cameras near the accident site, eyewitness testimony, and even the other driver’s cell phone records if you must prove they were distracted by their phone when they caused your accident. Ultimately, if the defendant caused the accident through any kind of negligence, you must prove that they owed a duty of care they failed to fulfill and directly caused your claimed damages.
Alternatively, it is also possible for illegal misconduct behind the wheel to cause a devastating accident, such as reckless driving or driving under the influence (DUI) of alcohol or drugs. In these cases, defendants not only face civil liability for victims’ damages but also criminal prosecution for breaking state law. You will need experienced legal counsel on your side to help you understand how a criminal case against the at-fault driver could impact your recovery efforts.
The first step in the recovery process after proving fault for your accident is filing an automobile insurance claim against the at-fault driver. All drivers are required to have automobile insurance that includes property damage liability coverage and bodily injury liability coverage. However, even if the at-fault driver has appropriate insurance coverage, there is no promise that their insurance carrier will process your claim in good faith or that you will be able to fully recover your losses through insurance alone.
Your Conover car accident attorney can assist you with filing your automobile insurance claim, and they can help resolve any issues that arise with the claim filing process, helping you secure maximum compensation for your damages through the defendant’s insurance policy. After exhausting your recovery options through automobile insurance, outstanding damages that the insurance can’t cover may be claimed through a personal injury suit.
North Carolina law allows the plaintiff in a personal injury case to seek full repayment of all economic damages a defendant inflicted. These are likely to include:
Aside from these economic damages, the plaintiff also has the right to seek compensation for their pain and suffering. There is no limit to how much you can seek in pain and suffering compensation, but the amount claimed should reflect the severity of the harm you suffered. Your Conover car accident attorney can help determine appropriate pain and suffering compensation for your experience, and they can address any other variables that could arise and influence your final recovery. For example, if the defendant caused the accident through an illegal act like DUI, you could receive punitive damages or restitution alongside your other claimed damages.
Helton, Cody & Associates, PLLC, approaches every car accident case with the goal of helping our client recover as much compensation as possible for their damages in the most efficient manner. We have years of experience confronting major automobile insurance carriers on behalf of our clients in Catawba County; we also know how to handle cases that arise due to illegal activity behind the wheel. Whatever your car accident case entails, you have the greatest chance of success when you choose an experienced Conover car accident attorney to represent you.
A: No. The state enforces the fault standard when it comes to resolving motor vehicle accidents. This means that you must prove fault before you can recover compensation for your damages. The fault rule applies for both automobile insurance claims and personal injury suits filed in response to car accidents in Conover. Your attorney can assist you with gathering any evidence you need to prove liability for your recent accident.
A: Time is a crucial concern for any car accident victim in Conover. You have a very limited time in which to file your automobile insurance claim after another driver has caused an accident, usually only a few days. If you must file a personal injury suit against them, there is a three-year statute of limitations on these cases in the state. This may sound like more than enough time, but it will take time to compile your case, so it is advisable to seek legal counsel as soon as possible to have the greatest chance of success.
A: Unfortunately, if you bear any level of shared fault for your recent accident, it will negate your ability to claim compensation from the other driver. The state enforces the contributory negligence rule, meaning that a plaintiff who shares fault with a defendant loses the right to claim compensation for their damages. Your Conover car accident attorney can carefully review the details of your accident in an effort to nullify any allegations of shared fault that would inhibit your recovery.
A: North Carolina law requires all drivers to have automobile insurance that meets the state’s minimum coverage requirements. However, there are many uninsured drivers in the state, and if your accident occurred because of an uninsured driver, you cannot rely on insurance to cover your damages. If you have purchased uninsured motorist coverage with your own policy you may be able to claim some compensation through your own insurance carrier, but otherwise you will need to proceed directly to filing a personal injury suit against the at-fault driver.
A: It’s natural to worry about the potential cost of legal counsel when you are already struggling with the economic impact of your recent car accident. However, most personal injury attorneys operate on a contingency fee basis. With a contingency fee, the client only pays their attorney a percentage of their final case award, and only if and when they win their case. Always take time to review a potential attorney’s billing policy before agreeing to their representation.
Every car accident case is unique, and the average plaintiff will face many legal challenges as they seek compensation for their losses. When you choose Helton, Cody & Associates, PLLC, to represent you in a car accident case, you will have a dedicated legal representative ready to address any concerns you may have as your case unfolds. Time is a crucial consideration in the aftermath of a car accident, so you need to reach out to a Conover car accident attorney you can trust as soon as possible to preserve your chances of recovering as fully as possible. Contact Helton, Cody & Associates, PLLC, today to schedule your consultation with our team.