Premises liability injuries can result in minor harm to individuals or significant and life-altering injuries. When property owners fail to uphold their duty to safety, they are liable for those injuries and any other damages that are suffered as a result.
Premises liability accidents can happen in many different ways. Although they are grouped into common categories, this does not capture the entire scope of the potential harm that one could encounter on a given property, only highlighting some of the most common dangers. These include:
Slip-and-fall accidents occur when property owners fail to address specific hazards, such as slippery floors or improper lighting, and an individual slips and falls as a result. Spills on the floor that are not mopped in a reasonable amount of time are the most common cause of these accidents.
Such incidents can also occur if property owners do not address ice or other hazards on the sidewalks and parking lots surrounding their premises.
Trip-and-fall accidents are very similar to slip-and-falls, but they are caused by an obstacle or other obstruction, rather than slippery ground. These accidents may result from:
Property owners are responsible for not properly safeguarding these hazards.
Disrepair and wear-and-tear can result in hazards. Property owners should address these dangers. A lack of maintenance is especially dangerous when it involves machinery, dangerous chemical storage, and electrical malfunctions. Failure to maintain parking lots can also result in serious dangers and even collisions.
Property owners must also be aware of potential hazards to their visitors and do what is reasonable to mitigate those dangers. For example, if a property or its location has a high level of violent crime, a property owner should take reasonable steps to address it, such as installing CCTV, fences, and proper lighting. Some cases may even require them to hire security personnel. If a property is likely to see attacks from wild animals, property owners should take reasonable measures to prevent this.
If someone is injured due to ineffective security measures or the lack of any security measures at all, a property owner would be liable.
A dog attack that occurs on a property owner’s premises due to the owner’s negligence is a premises liability case. An attack on the pet owner’s property may also qualify. The owner of a dog is strictly liable for damages done by their dog if the injured party was legally on the premises and did nothing to provoke the dog. In some cases, both the dog owner and the property owner are liable.
Property owners do not have any responsibility to most trespassers. The only legal responsibility that property owners have to trespassers is to avoid purposefully harming them. However, there are exceptions. Property owners do have a level of responsibility to child trespassers.
Additionally, North Carolina operates under the laws of contributory negligence. This means that if the injured party is found to be at all liable for their injuries, they cannot recover compensation. This may not always apply in cases of strict liability, and it is important to review your case with an experienced attorney.
A: The most common type of liability claim in premises liability situations is a slip-and-fall claim. This encompasses a wide range of potential hazards on a property, including spills, tripping hazards, poor lighting, and improper fall prevention. Hazards can be created from sudden accidents or because of a lack of maintenance over time.
Property owners have a responsibility to warn about or fix hazards within a reasonable amount of time. If someone who is on the premises legally is injured because the property owner neglected this responsibility, the owner can be held strictly liable for the resulting damages.
A: Under North Carolina law, public and private property owners have a responsibility to keep their property reasonably safe for any person who is legally on the property. This includes invitees, customers, employees, and visitors. Trespassers are not the responsibility of property owners unless the trespasser is a child.
Property owners must address known hazards on their property, either by informing those on their property or fixing the hazard. If someone who is legally on the property is injured because of a hazard that a property owner failed to address, the property owner can be held liable.
A: In most cases, no, a trespasser cannot file a claim when they are injured on another party’s premises. However, there are exceptions to this. A property owner who willfully harms a trespasser can be held liable for their injuries.
Under the state’s Attractive Nuisance Doctrine, property owners do hold a responsibility to child trespassers. Property owners are responsible for identifying potential hazards that would be attractive to child trespassers and doing what is reasonable to mitigate the risks of a child being injured.
A: Some of the most frequent types of premises liability claims include:
If you have been injured on another person’s property in Burke, Caldwell, or Catawba Counties due to a hazard, you may have the grounds for a premises liability claim. Contact the Law Office of Lyndon R. Helton, PLLC, today to see how we can help.
]]>Determining the average settlement for the state does not take into account the unique circumstances in each of those claims. Every motorcycle settlement will have a unique value based on the damages that the injured party suffered, the conduct of the at-fault party, the proof of fault and damages, the skill of a personal injury attorney, and many other factors. An average value does not help you estimate your own case’s damages.
To recover damages from an accident, you must be able to prove that one or more parties are at fault for the accident. The settlement you can obtain will rely on the strength of the evidence proving fault. If it is very clear who is at fault for the accident, insurance providers will likely settle more quickly for a higher amount. Obtaining a higher settlement will also be easier if you have clear proof of your monetary damages.
If fault is contested, it may be harder to negotiate a settlement and more difficult to obtain the full scope of your damages.
If you are discovered to have acted negligently and contributed to the accident, this will greatly affect your settlement. Under state contributory negligence laws, you would be barred from any compensation.
If you can prove that another party or parties are at fault, then you can recover all compensatory damages. The value of the settlement will then rely on the value of these economic and noneconomic damages. Although some accidents result in minor injuries, this is rarely the case in motorcycle accidents. The damages that you may be able to claim include:
The value of your settlement relies on:
In most cases, you will be filing a car insurance claim with the at-fault driver’s insurance provider. If the damages in a motorcycle accident are severe, you may exceed the maximum coverage offered by the driver’s policy.
Sometimes, this is the highest compensation you can receive. However, you may be able to recover additional damages by filing with your own provider or by filing a civil claim for personal injury. Your attorney can help you determine what options you have for a settlement.
There are many other aspects of a motorcycle accident, and how you handle them can affect your final settlement. These include:
A: If you suffered a lower back injury due to another person’s negligence, you may recover anywhere from $5,000 to $50,000 or as much as $600,000. More minor injuries, like sprains and strains, may end up being less. However, more serious injuries, including damage to the spinal cord, may reach the higher end of the scale. This is because the medical costs of these injuries are severe, and you may face pain or limitations of movement for the rest of your life.
A: The amount of pain and suffering you can obtain in a motorcycle accident in North Carolina is entirely dependent on the unique circumstances of your accident. North Carolina does not place any caps on noneconomic damages for this type of claim, so pain and suffering damages are able to be as high as you need them to be.
Of course, it’s important that the damages are fair and proportional to the harm you suffered. An injury that will heal after months of recovery will have less pain and suffering damages than an injury that permanently disables you.
A: In 2021, according to the National Safety Council report, motorcyclists made up 14% of all traffic fatalities and 17% of all occupant fatalities despite only traveling 0.6% of the total motor vehicle miles traveled. There were 5,932 motorcyclist deaths, which is a rate of 30.05 per 100 million miles traveled. According to the same report, in the same year, the rate of the total motor vehicle deaths was 1.50 per 100 million miles traveled. There were approximately 83,000 motorcyclist injuries in the same year.
A: One of the main causes of death in most motorcycle accidents is head trauma. The National Safety Council states that one of the direct influences on whether a motorcycle accident is fatal is the use of a motorcycle helmet.
A study from 2014 to 2016 looked at patients admitted from motorcycle accidents, noting that 59.7% of injured patients had a head injury, and 85.4% of death cases had a head injury. As this study only concerns admitted patients, it may not account for riders who died at the scene of the accident.
At the Law Office of Lyndon R. Helton, PLLC, we have worked for decades to support our communities in Burke, Caldwell, and Catawba Counties. If you were injured in a motorcycle accident, contact our team today.
]]>Each truck accident settlement is unique, so knowing the exact average is often unhelpful for determining the value of your own settlement. It’s important to understand what damages may be available in a truck accident claim and the factors that make truck accidents more complicated than other motor vehicle collisions.
One of the biggest factors in determining the value of your truck accident settlement is the damages you suffered.
If you and your attorney are able to prove the trucking company, truck driver, or other driver liable for an accident, you are legally able to recover the entirety of your compensatory damages. Under state law, compensatory damages are not capped for this type of personal injury case, and this is true for both economic and noneconomic damages. Economic damages are tangible losses in the accident and result from your injuries, including:
Noneconomic damages are those that do not have a specific financial value. Instead, they are calculated based on your intangible losses, which are still considered compensable by the court. These include:
In addition to compensatory damages, a truck accident claim could result in punitive damages. This is when the actions of the at-fault party are considered grossly negligent, so the court assigns these damages to punish that party and limit the likelihood of repeat behavior. Punitive damages, if they are awarded, can significantly increase a total settlement. However, punitive damages are capped in North Carolina. They cannot be higher than:
After a truck accident, an attorney who is experienced with these cases is essential to determining the likely value of your claim.
The damages in a truck accident are more severe, as injuries are often catastrophic or fatal. Commercial vehicles are heavier and larger than other vehicles, and they take longer to slow down and stop. Because the cost of these accidents is so much higher, it can often take more time to get a fair settlement. Insurance providers do not want to pay out the full worth of these significant accidents.
These settlements are also more complicated because it’s more common that multiple parties are at fault. Potentially liable parties may include:
Because there are so many potentially at-fault parties, it can make it harder to determine liability and hold the right party responsible for the injuries in a truck accident. Additionally, commercial companies have significant resources to provide to their insurance providers and legal counsel, making settlements harder to navigate. You need a qualified truck accident attorney in Burke, Catawba, and Caldwell Counties to equal these resources and get the settlement you deserve.
A: Truck accident settlements may range from $50,000 to several million dollars.
These accidents typically result in much higher settlements on average due to the severity of the damages and injuries that they cause. Tractor trailers, 18-wheel trucks, and other commercial vehicles are heavier and larger than other vehicles, so accidents are often worse and even fatal for those in passenger cars and motorcycles.
The amount of a settlement will depend on the cost of injuries, property damage, lost income, and other factors.
A: If another party is proven to be at fault for a truck accident in North Carolina, you can hold them liable for the entirety of your economic and noneconomic damages. This includes economic damages, like:
It also includes noneconomic damages, such as:
A: Pain and suffering damages in a truck accident are likely to be higher than in most car accidents, as injured parties are more likely to suffer long-term disability, disfigurement, and pain. This means that pain and suffering damages are higher to reflect the long-term emotional and psychological damages of these injuries.
In North Carolina, there is no cap on pain and suffering damages in car accident personal injury cases. The compensation can be as high as it needs to be to fairly reflect the non-financial damages that you suffered in a truck accident.
A: The payout for a rear-end collision in North Carolina will rely on the severity of the property damage and how bad your injuries are. Minor neck and back injuries and minor property damage may result in several thousand dollars, while significant spinal cord or disabling injuries may result in several hundred thousand dollars.
The payout will depend on your direct medical bills, future medical costs, anticipated complications, lost income during recovery, and property damage. It will also rely on pain and suffering and other noneconomic damages.
When you need an experienced attorney to investigate the cause and damages in your truck accident, contact the Law Office of Lyndon R. Helton, PLLC.
]]>The average car accident claim value will tell you the average value of other accident damages, but it has little to do with the damages that can be proven in your own accident. One of the most effective ways to accurately calculate your damages is by reviewing your case with a car accident attorney.
There are several aspects of your unique accident and situation that can impact the final settlement amount. An attorney can review these factors and help you understand the likely outcome of a claim. These include:
A: The amount that you can file for after a car accident depends on the severity of your damages. If one or more parties are fully at fault for your accident, they can be held liable for the full extent of your damages. This includes damages such as:
A: Pain and suffering is difficult to calculate, as this concept does not have an objective value. In North Carolina, there are no limits on noneconomic damages in car accident claims. To fairly calculate the total of noneconomic damages, an attorney may review factors such as the long-term impact of the injuries, any permanent disability, and the mental and psychological effects of the accident.
Noneconomic damages include damages like:
A: After a car accident, the compensation you receive for whiplash injuries and back pain may be anywhere from $2,000 to $50,000. For spinal cord injuries and other serious and long-term injuries, a settlement may be as much as $600,000 or even greater.
There is no way to know exactly how much compensation your injuries will be worth. It will rely on:
A: For personal injury claims, most attorneys take one-third of the final settlement, but this may range from 25% to 40%, depending on many factors. Each attorney will charge their own percentage, and this percentage is affected by their own experience and skill. It is also affected by the complexity of your case and whether it is expected to go to court.
Typically, personal injury and car accident attorneys charge a contingency fee, but it is important to discuss costs prior to hiring an attorney.
At the Law Office of Lyndon R. Helton, PLLC, our team has worked for years representing injured victims in Caldwell, Burke, and Catawba Counties. Contact us today to see how we can help.
]]>You may only be in a minor property damage-only accident, or you may be involved in a serious crash with life-altering consequences. Either way, the situation can be terrifying. If you are severely injured following an accident, not all steps will be possible, and someone else at the scene will likely need to be responsible for reporting the accident. However, if you are able, it’s crucial to know what to and what not to do following a collision:
A: There is no specific time limit in North Carolina to report an accident, although it should be done as soon as possible. If you are unsure whether to report an accident, it is important to be cautious and report it. Failing to report an accident that you are required to report could be charged as a hit-and-run.
It is also important to report an accident to your insurance provider. Each provider has its own policies, although most require you to report the accident as soon as possible or within a few days of the incident.
A: After a car accident, it is important to move vehicles to a safe location, if possible, and turn on hazard lights. Remove yourself and others from immediate hazards. Look over yourself, your passengers, and others involved in the accident for injuries. If anyone is injured or there is any property damage, you must report the accident.
When you report the accident, inform the emergency dispatcher of any injuries to ensure that you receive emergency medical care. Exchange insurance and contact information with the other driver, and wait for emergency aid.
A: In North Carolina, a car accident is likely to impact your car insurance premiums for three years after the accident. However, this is also influenced by your own insurance provider and your history of accidents. If you have been in multiple accidents in recent years, it may be longer than three years. Additionally, each insurance provider will have its own policies, including those based on which driver was at fault.
A: Under North Carolina law, you are required to report an accident if:
This includes accidents involving damage to parked cars with no one in them. You can call the local police, the highway patrol, or 911 to reach emergency dispatchers. If you are not sure whether the accident should be reported, it is likely beneficial for all parties to report the accident. This also provides you with a police report and other important evidence.
Our experienced team can investigate and determine the true cause of an accident to help you get compensation for any complications. Contact our law firm today. We proudly represent clients all throughout Caldwell, Burke, and Catawba Counties.
]]>According to the North Carolina DMV (Department of Motor Vehicles) 2021 report, there were 276,026 total crashes from January to December. Of these crashes, 74,639 were injury crashes, and 1,653 were fatal crashes.
From January to December, according to the 2022 report, there were a total of 273,732 reported crashes in 2022, marking a 0.8% decrease from the prior year. 71,963 of these crashes were injury crashes, and 1,647 were fatal crashes. A total of 1,784 people were killed, and 110,544 were injured. Causes of statewide crashes included:
By following the rules of the road and remaining focused on the task of driving, you can reduce your risk of being involved in an accident.
From 2019 to 2021, there were a total of 9,667 reported crashes in Hickory, according to the 2021 DMV report. Of these crashes:
In 2021, there were 2,107 reported crashes, resulting in 605 injuries and 11 fatalities. These statistics only took into account reportable crashes, meaning that these incidents resulted in death, injury, or $1,000 or more in property damage. Of these crashes:
According to the 2022 DMV report, Hickory has 1,881 reported crashes, resulting in 568 injuries and 6 fatalities. Out of these crashes:
According to the 2021 report, Hickory ranked 17th out of all North Carolina cities with populations greater than 10,000. This ranking was based on the number of reported accidents, the severity of the collisions, and the rate of accidents per population. In the same year, Greensboro ranked 1st on this list, with nearly 32,000 total reported accidents from 2019 to 2021.
According to the 2022 report, Catawba County saw a total of 4,589 reported crashes that year. Of those crashes, there were 1,742 non-fatal injuries. There were also 31 fatalities, down from 39 in 2021.
A: The most common factor in car accidents across the U.S. is distracted driving. It caused 17.9% of accidents in North Carolina in 2021. Although it is not the leading cause of fatal car accidents, it is a high cause of property damage and injury accidents. Driving distracted refers to taking your eyes or simply your mental focus off the road and the task of driving. Even driving distracted for only a few seconds can result in a driver failing to react in time to road changes, causing an accident.
A: According to the National Safety Council, the most common type of car accident that results in injury crashes is an angle collision, which accounted for 43.1% of injury crashes in 2021 or 996,000 injury crashes. The next most common type was a rear-end collision, making up 39.6% of all injury crashes. Of all total types of accidents, including fatal, injury, and property damage crashes, the most common type of accident was a rear-end collision, making up 41.7% of all crashes or 3,890,000 crashes.
A: The most common time of day for fatal accidents to occur was between 4:00 and 7:59 p.m., according to the National Safety Council’s data from 2021. In all months of the year, this time frame accounted for 22.2% of all fatal crashes. 22.0% of all fatal crashes in the year occurred from 8:00 to 11:59 p.m.
The same data shows that, while these are the year-round statistics, they can vary based on the time of year. In spring and summer, the peak of fatal crashes occurred more commonly from the 8:00 to 11:59 window.
A: In 2021, there were a total of 276,026 traffic crashes reported in the state, according to the North Carolina DMV. This was an 11.7% increase in total reported crashes from 2020. Of the 2021 accidents, there were a total of 114,722 injuries and 1,783 deaths. In Hickory, North Carolina, there were 2,107 reported crashes, 605 injuries, and 11 fatalities in 2021.
Car accidents are frequent and, unfortunately, even incredibly careful drivers are at risk for accidents. By being careful and safe while on the road, you can limit the likelihood of being at fault for the accident.
Although this may seem like a small comfort as you recover from your injuries, it can enable you to hold the at-fault party liable for their negligence. Then, you can recover lost wages, medical bill coverage, and other economic damages, as well as noneconomic damages, from the accident.
The most effective way to maximize the financial compensation you obtain is with an experienced car accident attorney in Burke, Catawba, and Caldwell Counties. Contact the Law Office of Lyndon R. Helton, PLLC, to learn how we can help you after a car accident.
]]>They are fluent in the language required to discuss a claim so as not to hurt your settlement. A lawyer knows what to look for within the evidence that was collected, and they know how to build a strong case for your settlement.
You should first call 911 after an accident. It is ideal to move your car out of traffic, but only if it is possible to do so. After that, you can start working to build your claim.
The first step to take when filing for a car accident claim in North Carolina is obtaining information from the other driver or drivers. This should be the first thing that you do, as it solidifies who your claim is against and ensures that no mistakes can be made regarding who your insurance company contacts. The information you want to obtain from the other driver includes:
After you’ve gathered the above information, the next thing to do is gather as much information about the incident as possible. This should include:
It is crucial to never admit fault while talking with the other driver(s), especially if the accident was their fault. Even something as simple as an “I’m sorry” could be used as an admission of guilt and hurt your claim.
Finally, after you’ve accomplished all of the above, you need to call your insurance company as soon as you can to report the accident. Do not, under any circumstances, allow them to record a statement, and do not say anything that would indicate fault. It is absolutely crucial to be as objective as possible, as anything that you say, especially in the state of North Carolina, could severely impact your case.
From here, have your insurance company speak directly to your car accident attorney, who can also file your claim on your behalf, as they are trained to specifically navigate an insurance company’s tactics.
Most states use some form of fault system that directly determines the percentage of fault for both drivers in an accident. This usually allows people to recover at least some of the damages done during a car accident, even if they are partially at fault.
However, North Carolina is a pure contributory negligence state, which means that if you even had some small part in the accident, including not preventing the accident by acting differently, you will not recover anything. Nevertheless, it may still be possible to sue for personal injury, depending on the damages incurred in an accident as well as who is more at fault, despite North Carolina’s ruling on contributory negligence.
It is largely due to this policy that North Carolina car accident settlements can take anywhere from 90 days to a year to resolve. Insurance companies often fight over who is truly at fault in an accident, as both of them are competing to protect themselves as well as their clients from having to pay the other party.
Even without this, both insurance companies need to separately conduct their own investigations to determine what took place. To do this, they will sift through the available evidence, like police reports, photographs taken at the scene, witness statements, etc. Additionally, car accident settlements sometimes require a significant amount of negotiation between your attorney and the insurance companies to reach a fair agreement or, if necessary, go to court.
A: After your attorney files your initial claim, an insurance company has a maximum of 30 days to either pay the claimant or send a notice. This notice includes details of the reasons why they will not be paying the claimant. The 30-day period begins immediately upon receiving the paperwork from your attorney.
A: Car accident settlements can take a long time based on a number of factors, including:
It’s important to allow your Hickory car accident attorney to handle the situation, as haste could result in mistakes, which, in turn, could hurt your settlement.
A: Depending on the severity of the car accident, the average settlement ranges from about $7,000 in the case of minor injuries to upwards of $640,000 in the event of severe injuries. Typically, most settlements will only cover the compensation for medical expenses, lost wages, and property damage. However, if there is long-term, sustaining damage, the settlement may also cover pain and suffering.
A: A car accident settlement can take anywhere from 90 days to a year. This is mostly due to the investigations required, negotiations between insurance companies as well as those with your lawyer, and the complexity of the accident. After these investigations and negotiations, the case is either resolved or goes to trial. After the settlement or compensation is finalized, you should receive the payment within 30 days.
At the Law Office of Lyndon R. Helton, PLLC, our attorney can help you build a case to claim your rightful settlement. Contact us today to schedule a consultation.
]]>Almost any injury that was directly caused by another party be it intentional or not, can be claimed as a personal injury in the state of North Carolina. Most of the time, this involves unintentional and negligent behavior, such as driving recklessly, poor judgment of safety levels, or general lack of foresight. While there are numerous things that can be claimed as a personal injury, common examples of claims include:
Additionally, it’s important to understand what you stand to gain by claiming for a personal injury in North Carolina. Typically, personal injury claims result in compensation for medical expenses, property damage, lost wages, and pain and suffering.
The amount awarded to you is based on the proven value of what happened to you during the incident. For example, if you were in a minor car accident, you might only recover the amount it costs to repair your car. However, if you were to incur a neck injury in said accident that causes you chronic neck pain, you may be entitled to a greater amount of reimbursement.
The process of filing a personal injury claim in North Carolina involves the following steps:
Following the incident, contact a personal injury lawyer immediately. It’s at this initial meeting that you will describe the situation, including what exactly occurred, proof of the injuries sustained, proof of the costs incurred, and who it was that caused your personal injury. After this, you and your lawyer can discuss the most effective options for you to recover the highest amount of compensation possible.
After compiling evidence with your personal injury attorney, you will submit an offer to settle to the opposing party or the insurance company. A settlement offer outlines the facts of the situation, including important documents such as police reports, medical bills, and witness statements. If the other party accepts, the claim ends, and your lawyer can collect and distribute the funds to you. If they counteroffer, you can negotiate the new offer and ideally accept it without filing a claim. However, if they reject the offer entirely, you can file a claim.
If a fair settlement cannot be reached, your attorney can file a claim on your behalf. This is a series of documents that lay out the details of the incident as well as the rejected offers. After the other party is informed of the claim, they are granted the opportunity to respond to the claim by filing an answer or a counterclaim. This is a document that explains their side of the situation and often denies or lays blame for the injury on the party suing them.
Before a trial in North Carolina, every personal injury case must go through a series of mediation attempts. This is when both parties meet with another third party to attempt to reach an agreement outside of court. A court can also order arbitration. Similarly, arbitration requires a third party to hear out and advise both parties. However, unlike mediation, the arbitrator decides what the agreement is rather than either party coming to their own agreement. If either party is dissatisfied, the case goes to trial.
Just like any other trial, a personal injury trial involves both parties making their cases as to who is at fault in the situation. After a series of detailed explanations, the judge makes the final verdict, and the case is concluded.
A: The statute of limitations for a personal injury claim is 3 years in the state of North Carolina. However, this timeframe can be paused if the plaintiff is a minor or the defendant is out of the state. It’s highly suggested that you make your claim well before that date, as delaying the process may make it more difficult to achieve a fair settlement.
A: It can take a few weeks to several months to settle your injury claim in North Carolina. This is often due to disagreements over the settlement and fault for the injury, along with the time needed for court proceedings. To settle a personal injury claim faster, it’s highly suggested that you meet with a trusted lawyer. They can help you build a fair settlement that the other party would agree to.
A: You should hire a personal injury lawyer as soon as possible if you’ve been injured by another person and compensation is required. Often, personal injury lawyers are needed to help address disagreements over compensation or who was at fault for the injuries. They can represent their clients in negotiations and in court.
A: While there isn’t necessarily a limit on what you can claim as a personal injury, there are cases that are nearly impossible to win, which are often dismissed entirely. For example, if you received a small scratch from a neighbor’s cat on your arm, it would be almost impossible to successfully file a claim against them. However, if that scratch required stitches or other medical care, and your neighbor refused to cover those costs, you may have a claim.
A North Carolina personal injury lawyer at the Law Office of Lyndon R. Helton, PLLC can help you achieve the greatest possible outcome in your case. Contact us today to schedule your consultation.
]]>An experienced Hickory, NC car accident attorney is an invaluable asset if you have recently suffered injuries in a car accident caused by another driver. However, knowing a few of the most dangerous roads and intersections in the area can potentially reduce your risk of causing an accident yourself and incurring liability for any resulting damages to others.
The National Highway Traffic Safety Administration (NHTSA) regularly publishes state-specific reports analyzing accident data, important trends, and economic implications of accidents each year. In the state’s most recent report, the NHTSA identified a few areas of concern regarding common causes of accidents, emerging trends in motorist behavior, and planning for improving some of the most accident-prone areas of the state.
I-77, I-485, US-421, and State Route 55 are commonly cited as some of the most dangerous highways in the state when it comes to accidents. Accidents on busy highways are more likely to result in severe damage because drivers move at higher speeds. Accidents are more common around the major metropolitan areas of the state, such as Charlotte, Greensboro, and Asheville.
Accidents are most likely to occur on rural highways, but they can also happen on backroads, in busy urban areas, and within residential neighborhoods. One of the most notorious roads in the United States lies along the border between North Carolina and Tennessee. This road, commonly called the Tail of the Dragon, starts at Deals Gap and features 318 curves and 11 bridges.
Ultimately, you could face innumerable risks no matter when or where you drive. Accidents are more likely to happen at night when visibility is poor, but serious and fatal accidents may also occur during the day. If you believe your recent accident happened because of another party’s actions, an experienced North Carolina car accident attorney can help hold them accountable.
Every driver in the state is legally obligated to have appropriate car insurance coverage, and this coverage comes into play whenever a driver causes an accident. If another driver hits you, you can file a claim against their insurance policy to seek compensation for your damages. If they do not have insurance or they do not have enough coverage to fully repay all your damages, you will need to file a personal injury claim against them.
A successful personal injury claim can yield compensation for any losses insurance can’t cover, such as vehicle repair costs beyond the defendant’s property damage liability coverage limit, medical expenses not covered by insurance, lost wages, and your pain and suffering. The NHTSA has identified intoxicated driving as a leading cause of accidents, and if the at-fault driver broke the law in causing your accident, they also face criminal charges.
A: According to recent accident data, the deadliest stretch of road in the state based on fatal accident rates is Cliffdale Road between Beverly Drive and Landsdowne Road in Fayetteville. It is important to remember that while some roads have higher accident rates and therefore require greater caution, accidents can happen on virtually any road in various unexpected ways.
A: If you believe another driver is responsible for causing your recent accident, you will need various forms of evidence to firmly establish their liability for the resulting damages. Your North Carolina car accident attorney can help you obtain evidence like cell phone records, witness testimony, and traffic camera footage to assist you in proving fault. You must also prove you did not contribute to causing the accident, or you lose the ability to seek compensation from another driver.
A: If you are able to prove that another driver caused your recent car accident, you have the right to claim full repayment of all related financial losses, both immediate and future. These are likely to include vehicle repair costs, medical expenses, and lost income. You may also claim projected future economic losses and compensation for your pain and suffering. Your North Carolina car accident attorney can estimate the value of your claim.
A: The driver responsible for causing your recent accident faces liability for the damages they inflicted. Depending on the severity of your injuries, they may face substantial financial liability beyond your immediate economic losses. Additionally, if they caused the accident through some illegal misconduct, they are also likely to face criminal prosecution. They could face fines, jail time, and driver’s license suspension along with their liability for your damages.
A: State law does not use a fixed formula for calculating pain and suffering compensation in a civil suit, nor is there any limit to pain and suffering compensation in motor vehicle accident claims. Your car accident attorney can help determine a suitable amount based on the severity of your injuries and whether you face any long-term or permanent harm.
The Law Office of Lyndon R. Helton, PLLC, can provide comprehensive and compassionate legal counsel for your impending car accident case. We can guide you through the insurance claim filing process, help assess the full extent of damages you can include in your personal injury suit, and guide you through each step of your recovery efforts. Contact us today to schedule a consultation with a North Carolina car accident attorney you can trust.
]]>Your Hickory, NC personal injury lawyer can help you prove fault for your recent injury and hold the at-fault party accountable for all the damages they caused. While you may understand the immediately recognizable economic losses you suffered, accurate calculation of the full extent of your claimable damages will be difficult without an attorney. Plaintiffs in Burke, Catawba, and Caldwell counties are often able to claim compensation for:
Once you account for the total of your immediate and future economic damages and you decide on a reasonable amount of pain and suffering compensation to include with your claim, you may be surprised to discover you can expect far more compensation than you initially anticipated.
The main purpose of any personal injury claim is for the victim to be made whole again, and an experienced personal injury lawyer is the ideal asset to have on your side to make this happen. You must meet various procedural rules to file your case successfully, and proving fault and the full scope of your damages may be more complex than you expect. Seeking trustworthy legal counsel as soon as possible after your accident is vital to success in your case.
A: No. You do not have to pay income taxes at the North Carolina state or federal levels on the proceeds from a successful personal injury case. Because your case award is meant to repay a loss, it does not qualify as income; therefore, it cannot be taxed as income. There could, however, be other tax implications on certain types of compensation you receive, such as punitive damages. Your personal injury lawyer can explain any such issues that pertain to your case.
A: North Carolina’s personal injury statutes do not impose any caps or limits on economic damages in any personal injury case. This means the plaintiff in a personal injury case has the right to claim full repayment of the direct financial losses a defendant inflicted. When it comes to non-economic damages, such as pain and suffering, these are only limited to medical malpractice cases. For all other personal injury claims, no caps apply to pain and suffering compensation.
A: There is a two-year statute of limitations for personal injury claims in the state. The time limit for filing your case begins on the date your injury occurred or the date you discovered that another party had harmed you. While this may seem like plenty of time for you to file your case, the reality is that it can pass by very quickly, and it is vital to start your claim filing process as soon as possible to ensure your ability to recover.
A: It is technically possible to file a personal injury claim without legal counsel, but this is risky and unlikely to yield the result you want to see. If you make any mistakes, they could jeopardize your ability to recover your damages, and you could unintentionally settle for less compensation than you deserve. Hiring an experienced personal injury lawyer increases your chances of success and the likelihood that you will maximize your recovery.
A: It’s natural to worry about the potential cost of hiring legal counsel, but this is no cause for alarm if you choose the Law Office of Lyndon R. Helton, PLLC, to represent your case. We take personal injury cases on a contingency fee basis, meaning our client pays a percentage of their final case award as our fee only if we win. If we are unable to secure a case award for you, there is no fee at all.
Ultimately, every personal injury plaintiff will face unique challenges and opportunities when it comes to seeking compensation for their damages, and the right attorney can help a client maximize their recovery. The team at the Law Office of Lyndon R. Helton, PLLC, is ready to assist you with your case, so contact us today to schedule a consultation with our team.
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