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Automobile Accidents And Personal Injury
If you are in an accident: Call the police whether you are injured or not. Assist anyone who is injured. Remain at the scene of the accident. Do not move your vehicle until an officer arrives. The responding officer will interview each party and any witnesses, examine the accident scene and prepare an accident report. This report will be filed with the Division of Motor Vehicles and is a public record. The officer will also see to it that the parties exchange insurance information and may charge the party he or she determines to be at fault. The law requires that you provide the officer your name, address, license number and the registration number of the vehicle you were driving.
If you are injured:
Injuries on the job fall under the Workers’ Compensation system. The system removes workplace injuries from the tort/negligence framework and generally prevents employees from suing their employer directly. If you are injured in an automobile accident while on the job as a result of the acts of a person who is not your employer or co-employee, you may make claims against both workers’ compensation and that party. The employer or workers’ compensation carrier has right to recoup their payments to the extent a third party is responsible for the loss, however the amount of this recovery is negotiable. For more information about workers’ compensation, please go to www.ncworkercomp.com.
Automobile accidents are a type of negligence case. Negligence is the failure of someone to comply with a duty imposed by law. For example the law imposes a duty to stop at a stop sign. If a driver fails to comply with that duty and as a result someone is injured, the injured party may recover money damages from the person at fault. The person who was injured is called the “plaintiff” and the person or organization at fault is called the “defendant.” Unfortunately, these common cases are among the most complex and frustrating to resolve. Every vehicle registered in North Carolina must be insured with at least $30,000 in bodily injury liability coverage and $10,000 in property damage liability coverage. This means that if you are in an automobile accident you will be dealing with a trained and experienced insurance adjuster whose job it is to pay as little as possible to settle the claim.
If the plaintiff shows that he or she was injured as a result of the defendant’s negligence the plaintiff may recover a broad array of damages in automobile accident cases. Plaintiffs should recoup actual expenses including property damage and past and future medical costs, as well as economic damages such as lost wages and earning capacity. The successful plaintiff should also recover for past and future emotional and physical pain and suffering.
The defendant’s insurance company should move to immediately resolve the property damage claim. If your car is more than twenty-five percent (25%) damaged, you will have to report that damage when you sell the vehicle and you should be compensated for depreciation. If your car is more than seventy-five (75%) damaged it is totaled. You should get a rental vehicle for the time your car is being repaired or for a reasonable time to find a replacement vehicle. Settling the property damage portion of the claim is frequently the most frustrating aspect of the case.
The most common defense in any negligence case is contributory negligence on the part of the plaintiff. In North Carolina, if the plaintiff is one percent (1%) at fault in creating the injury, he or she is barred from any recovery. This harsh rule acts to defeat many otherwise meritorious claims. Other defenses may apply when the plaintiff “assumes the risk” associated with the cause of the injury or fails to take reasonable actions to limit or mitigate the damage. Failure to bring a claim within the time allowed by law may result in the claim being dismissed. Insurance coverage is frequently a contested matter. Insurers often question whether the policy was in effect, whether the defendant is covered by the policy, or whether the conduct that caused the injury is covered.
If you are injured in an automobile accident caused by another’s negligence you should consult an experienced personal injury attorney. An experienced personal injury lawyer can:
Personal injury law involves recovering money for a physical injury wrongfully caused by another person or organization. The person who was injured is called the “plaintiff” and the person or organization at fault is called the “defendant.” A defendant may be an individual, a company, a partnership or any other legal entity. The legal framework for resolving personal injury cases is called the tort system.
Injuries at work fall under the Workers’ Compensation system. The system removes workplace injuries from the tort/negligence framework and generally prevents employees from suing their employer directly. An employee may sue their employer directly only if the employer intentionally engages in conduct that is substantially certain to result in serious injury or death, or intentionally injures an employee. If you are injured on the job as a result of the acts of a person who is not your employer or co-employee, you may make claims against both workers’ compensation and that party. These third party claims frequently involve, auto accidents, slip and falls, and defective products. The employer or workers’ compensation carrier may have a right to recoup their payments to the extent a third party is responsible for the loss, however the amount of this recovery is negotiable. For more information about workers’ compensation, visit www.ncworkercomp.com .
Most personal injury cases involve negligence. Negligence is the failure of someone to comply with a duty imposed by law. These cases frequently involve automobile accidents, slip and fall, dog bites, malpractice and products liability. Centuries of judicial decisions and legislation determine the duties we owe one another. A driver has the duty to operate his or her vehicle in a way so as to avoid an unreasonable risk of injury to another person, shopkeepers have a duty to provide a reasonably safe environment for their customers, doctors have a duty to conform with the standard of care in the community in which they practice, and manufacturers have a duty to distribute only safe products. Sometimes injuries occur in the absence of negligence or when the person at fault can not be identified. With a few exceptions, the law does not allow a recovery for these injuries.
If you are injured as a result of someone else’s negligence you should immediately:
Do not let the fact that you were injured because of someone else’s negligence affect your medical treatment in any way. Do not postpone treatment to see if the defendant’s insurance company will pay, and do not seek treatment anticipating that it will help you recover against the defendant. Be completely honest with your medical provider about your injuries. You may be contacted by an adjuster with the defendant’s insurance company. The adjuster is paid by the insurance company. The adjuster may offer to settle the matter right away and may say that if you do not settle today then the offer is off the table. In my experience, this is never true. If you might be injured, do not make any statement to the adjuster about how the accident happened, whether you are injured, or how you feel.
The most common defense to a negligence case is contributory negligence on the part of the plaintiff. In North Carolina, if the plaintiff is one percent (1%) at fault in creating the injury, he or she is barred from any recovery. This harsh rule acts to defeat many meritorious claims. Other defenses may apply when the plaintiff “assumes the risk” associated with the cause of the injury or fails to take reasonable actions to limit or mitigate the damage. Failure to bring a claim within the time allowed by law may result in the claim being dismissed. Families, the government, charities and certain health care professionals all have limited immunities that apply in certain circumstances.
If the plaintiff shows that the defendant breached a duty and that as a result the plaintiff was injured, the plaintiff may recover a broad array of damages in personal injury cases. Plaintiffs should recoup actual expenses including property damage and past and future medical costs, as well as economic damages such as lost wages and earning capacity. The successful plaintiff should also recover for past and future emotional and physical pain and suffering.
Automobile or homeowner’s insurance is frequently available to cover negligence. Homeowner’s and renter’s insurance policies typically provide coverage for negligence, regardless of whether the injury occurs in the home or not. Insurance policies do not cover most intentional acts. Insurance coverage is frequently a contested matter. Insurers often question whether the policy was in effect, whether the defendant is covered by the policy, or whether the conduct that caused the injury is covered.
If you are injured as a result of another’s negligence you should consult an experienced personal injury attorney. An experienced personal injury lawyer can:
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