Accidents happen every day, but when you are the victim of an accident and sustain serious injuries, you need to make sure you seek compensation for your damages. Generally, a victim needs to file a claim rather quickly in order to get the best results. The law limits the time to file a claim, and after the time expires, you are barred from taking action against the negligent party. An experienced personal injury attorney will guide you through the process and help you get money for your injuries.
Statute of Limitations
The law limits the time you have to file a claim. This time limit is called the statute of limitations. The statute of limitations for personal injury claims in North Carolina is three years. It is important to note that the time to file begins to accrue when the injury occurred or when you first found out about the injury. However, generally, you cannot file a claim after more than 10 years from the date of the occurrence. The statute of limitations for a wrongful death claim is two years.
Why Would I Need to File a Personal Injury Claim?
Typically, in cases of personal injury and property damage, you go through the insurance company of the person who was responsible or negligent. However, there are times when that process does not provide you with sufficient compensation. Other times, the insurance provider may deny the claim. Sometimes the process stalls, and you are not getting anywhere with the insurance company. In these instances, it may be best to resolve the matter with a legal claim.
Negligence in a Personal Injury Claim
The law in North Carolina specifically bans someone from getting compensation for a claim when they were partly negligent. You must have zero negligence in a claim. Negligence means that a person failed to use reasonable care in a situation. A reasonable person in the same situation would not have acted the same way. One example of negligence in an auto accident is speeding. A reasonable person would know that speeding could result in harm to others. The insurance company ascribes a percentage of negligence to each driver involved in a crash. You may not agree with their conclusion.
Tips for Filing a Personal Injury Claim
It may be helpful to speak with an experienced personal injury attorney as soon as possible after the accident. This is especially true in cases where there are major injuries since the medical and recovery costs can be extremely high. Don’t make a statement to the insurance representative until you talk to your attorney. The insurance company is not working for you but is trying to resolve the matter with as little payment as possible. If they make you an offer, it may be too low to cover your expenses. Your attorney will negotiate the claim with your insurance provider to make certain that you receive a fair settlement. If not, the matter may need to go to court.
If you or someone you love was hurt in an accident that was not your fault, you may be owed money for your damages. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.net/EnactedLegislation/Statutes/html/BySection/Chapter_1/GS_1-52.html
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https://www.freeimages.com/photo/businesspeople-meeting-in-office-2054453
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