Durham Car Accident Lawyer 

What If I Helped Cause the Accident? – Contributory Negligence

Contributory negligence is an old and well-established law affecting North Carolina car accidents. This legal term represents a defense to a claim of negligence in North Carolina. The defense of contributory negligence states that if a person has injured you and you did anything to contribute to your own injuries, even in the smallest regard, you are not entitled to recover compensation.

Essentially, the law of negligence requires that you as the victim must be blameless to recover for your injuries. North Carolina is one of only four states that still follow the law of contributory negligence.

The law of contributory negligence is a defense to a claim of negligence, which is asserted by the at-fault party (or defendant) or on their behalf when applicable. Therefore, when the defendant has been accused of negligence, the ability to assert the defense rests with the defendant.

Thus, if a defendant can argue and prove to the satisfaction of the judge and jury that you as the plaintiff were negligent, you will be barred from any recovery under the law in North Carolina.

The defense of contributory negligence may arise even when and if the defendant was clearly acting erroneously or contrary to law. For example, if the defendant was speeding and the plaintiff was jaywalking, the fact that the plaintiff’s actions resulted in her being partially responsible for her injuries may mean that the plaintiff is barred from recovering from the defendant for this incident.

If the opposing party has asserted the defense of contributory negligence or you feel that you may have contributed to your own injuries, please consult with a lawyer immediately. The defense of contributory negligence, if asserted and proved sufficiently, will act as a legal bar to your recovery.

If you’re ready to achieve the compensation you deserve after an accident, contact our Durham car accident attorneys by phone at (919) 887-7892.

What is the Insurance Claim Process?

If you have been in a North Carolina car accident, you may wish to consider approaching the at-fault party’s insurance company to negotiate your claim as opposed to proceeding directly with filing a lawsuit against the insurance company for damages.

While a gross majority of insurance companies will attempt to evaluate the claim and entertain an early settlement in the hopes of avoiding costly and lengthy litigation, an early settlement is rarely acceptable. However, a timely and adequate settlement is always a good idea.

Immediately drafting and filing a lawsuit is not always the best answer. If your case exhibits a significant number of accident factors that would lead an experienced and knowledgeable car accident lawyer to believe that you have a strong case, an adequate settlement is usually a better outcome than costly and drawn-out litigation.

Presenting an insurance claim is an excellent mechanism for discovering what the opposing party is likely to argue during a lawsuit. Beyond trial preparation, presenting an insurance claim is also a means to encourage pre-trial settlement of your case.

If the insurance company, after evaluating your claim and case, determines that the likely outcome of the litigation would be unfavorable to their own interests, it is often the case that the insurance company will make an offer to negotiate a settlement that is beneficial and agreeable to both parties.

Preparing an Injury Claim

Presenting your claim is very similar to filing a lawsuit. The similarities in the processes lie in the fact that your claim should not be pushed forward to the insurance company until it is perfectly ready. In the law, we often refer to this process as “ripeness.”

Your case must only be presented to the opposing party when we know that the case is ripe. One of the most significant factors for determining the ripeness of your case is the progress of your medical treatment and care.

It is essential that you be in constant communication about your case and your treatment with your attorney. At Wallace Pierce Law, our approach to personal injury cases is to assist our clients in the management of their medical treatment and care plans. Your medical treatment and recovery, while essential to your continued happiness, is also essential to the success of your case.

It is important to note that the duration of this phase depends on the length of your treatment plan and recovery time. There are limited situations in which your attorney may determine that a claim should be presented before the conclusion of treatment. Finally, let your attorney know how they can help remind you of your appointments or assist you with transportation, if necessary.

Presenting an Injury Claim

After your case is ripe for presentation, your attorney will collect and evaluate all your medical records and bills to determine the most effective way in which to present your personal injury claim. During this phase, your car accident lawyer will gather your other out-of-pocket expenses, such as lost wages, travel expenses, and medications, in order to prepare a negotiation document called a “Demand Letter.”

Once all this information is compiled and the Demand Letter has been drafted, your lawyer will create an entire “Demand Package,” which will be sent to the insurance company to initiate the negotiation of your claim.

During the negotiation process, the insurance company will typically review your Demand Package within 30 days. If liability is accepted, an “initial offer for settlement” will be made. Your attorney will contact you with this offer and discuss the initial offer for settlement.

During this conversation, a discussion regarding “settlement authority” will likely take place. The attorney should not negotiate or settle your case without your express authority to do so. This phase either ends with an agreeable settlement being reached or, if not, a discussion regarding drafting and filing a lawsuit. Approximately 98 percent of cases are resolved without ever going to court.

Who Do I Open a Claim Against?

North Carolina car accident law can be especially complicated. One of the more difficult issues facing car accident victims is not being able to understand or grasp the roles that the various parties play in an accident.

Typically, there are three different kinds of parties to an accident:

• The victim
• The at-fault party
• Any witnesses

While it may seem clear who these parties are in an accident, it can become arduous to perceive who is acting on behalf of a party when the insurance companies, lawyers, police, and investigators step into this process.

First, both the victim and the at-fault party will likely have insurance. These two insurance companies will be performing a different function in a similar manner. It is important to remember that if you have been injured in an accident, you may be able to seek compensation from a variety of sources, including the at-fault driver’s insurance and your own insurance. 

What is the Insurance Claim Process?

If you have been in a North Carolina car accident, you may wish to consider approaching the at-fault party’s insurance company to negotiate your claim as opposed to proceeding directly with filing a lawsuit against the insurance company for damages.

While a gross majority of insurance companies will attempt to evaluate the claim and entertain an early settlement in the hopes of avoiding costly and lengthy litigation, an early settlement is rarely acceptable. However, a timely and adequate settlement is always a good idea.

Immediately drafting and filing a lawsuit is not always the best answer. If your case exhibits a significant number of accident factors that would lead an experienced and knowledgeable car accident lawyer to believe that you have a strong case, an adequate settlement is usually a better outcome than costly and drawn-out litigation.

Presenting an insurance claim is an excellent mechanism for discovering what the opposing party is likely to argue during a lawsuit. Beyond trial preparation, presenting an insurance claim is also a means to encourage pre-trial settlement of your case.

If the insurance company, after evaluating your claim and case, determines that the likely outcome of the litigation would be unfavorable to their own interests, it is often the case that the insurance company will make an offer to negotiate a settlement that is beneficial and agreeable to both parties.

Preparing an Injury Claim

Presenting your claim is very similar to filing a lawsuit. The similarities in the processes lie in the fact that your claim should not be pushed forward to the insurance company until it is perfectly ready. In the law, we often refer to this process as “ripeness.”

Your case must only be presented to the opposing party when we know that the case is ripe. One of the most significant factors for determining the ripeness of your case is the progress of your medical treatment and care.

It is essential that you be in constant communication about your case and your treatment with your attorney. At Wallace Pierce Law, our approach to personal injury cases is to assist our clients in the management of their medical treatment and care plans. Your medical treatment and recovery, while essential to your continued happiness, is also essential to the success of your case.

It is important to note that the duration of this phase depends on the length of your treatment plan and recovery time. There are limited situations in which your attorney may determine that a claim should be presented before the conclusion of treatment. Finally, let your attorney know how they can help remind you of your appointments or assist you with transportation, if necessary.

Presenting an Injury Claim

After your case is ripe for presentation, your attorney will collect and evaluate all your medical records and bills to determine the most effective way in which to present your personal injury claim. During this phase, your car accident lawyer will gather your other out-of-pocket expenses, such as lost wages, travel expenses, and medications, in order to prepare a negotiation document called a “Demand Letter.”

Once all this information is compiled and the Demand Letter has been drafted, your lawyer will create an entire “Demand Package,” which will be sent to the insurance company to initiate the negotiation of your claim.

During the negotiation process, the insurance company will typically review your Demand Package within 30 days. If liability is accepted, an “initial offer for settlement” will be made. Your attorney will contact you with this offer and discuss the initial offer for settlement.

During this conversation, a discussion regarding “settlement authority” will likely take place. The attorney should not negotiate or settle your case without your express authority to do so. This phase either ends with an agreeable settlement being reached or, if not, a discussion regarding drafting and filing a lawsuit. Approximately 98 percent of cases are resolved without ever going to court.