After suffering injuries in an accident caused by someone else’s negligence, you may hear the term “accident claim” but remain uncertain about what it actually entails. At O’Malley Tunstall, PC, our Raleigh personal injury lawyers understand the confusion and stress that follow an unexpected accident. An accident claim is a formal request for compensation from an insurance company or through legal proceedings to cover losses such as medical expenses, lost wages, property damage, and pain and suffering.
Accident Claims: Key Takeaways
- Accident claims must typically be filed within North Carolina’s three-year statute of limitations
- Proper documentation of injuries, medical treatment, property damage, and lost wages strengthens your claim
- Insurance companies frequently try to reduce payouts, making legal representation essential for ensuring fair compensation.
- North Carolina’s contributory negligence rule can prevent recovery if you’re found even slightly at fault
- Call (919) 277-0150 for a free consultation with our experienced Raleigh injury lawyers
Types of Accident Claims We Handle
At O’Malley Tunstall, PC, our personal injury attorneys have extensive experience representing clients in various accident claims throughout Raleigh and North Carolina, including:
Motor Vehicle Accidents
Car accidents represent one of the most common types of accident claims. These accidents can vary from minor fender-benders to devastating crashes that cause serious injuries or loss of life. Our team also handles:
- Motorcycle accidents often result in more serious injuries due to the rider’s vulnerability.
- Trucking accidents involving commercial vehicles typically involve complex regulations and multiple parties.
- Pedestrian and bicycle accidents, where victims frequently suffer severe injuries when struck by motor vehicles.
Premises Liability Claims
These claims arise when injuries occur on someone else’s property due to unsafe conditions:
- Slip and fall accidents in retail stores, restaurants, or other public places.
- Inadequate security leading to assaults or other preventable incidents.
- Swimming pool accidents and drownings.
- Dog bites and animal attacks.
Workplace Accidents
While workers’ compensation typically covers on-the-job injuries, additional accident claims may be possible in certain situations:
- Construction site accidents involving third-party liability.
- Injuries caused by defective equipment or products.
- Accidents resulting from the negligence of someone other than your employer.
Elements Required for a Successful Accident Claim
To recover compensation through an accident claim in North Carolina, our legal team must establish several key elements:
Duty of Care
We must prove the defendant owed you a legal duty of care. For instance, every driver is responsible for operating their vehicle safely and obeying traffic laws.
Breach of Duty
Next, we must show the defendant breached this duty through negligent actions or failure to act. This might include a driver texting while driving or a store owner failing to clean up a spill.
Causation
The breach of duty must be the direct cause of your injuries. We must establish a clear link between the defendant’s negligence and the harm you suffered.
Damages
Finally, we must document the actual damages you’ve suffered, which may include:
- Medical expenses (both current and future).
- Lost wages and diminished earning capacity.
- Property damage.
- Physical pain and emotional suffering.
- Loss of enjoyment of life.
The Accident Claims Process
Understanding the typical timeline and process of an accident claim can help alleviate some of the uncertainty you may be experiencing:
Initial Investigation
After you contact O’Malley Tunstall, PC, we begin by thoroughly investigating your accident:
- Gathering police reports, witness statements, and photographic evidence.
- Reviewing medical records documenting your injuries.
- Consulting with experts when necessary (accident reconstructionists, medical specialists, etc.).
- Identifying all potentially liable parties and applicable insurance coverage.
Insurance Notification and Demand
We’ll notify the appropriate insurance companies of your claim and prepare a comprehensive demand package that outlines:
- The circumstances of the accident.
- The extent of your injuries and treatment.
- Your economic losses (medical bills, lost wages).
- Non-economic damages (pain and suffering).
- A fair compensation amount.
Negotiation Phase
Insurance adjusters rarely accept the initial demand, leading to a period of negotiation. Our experienced Raleigh personal injury attorneys understand insurance company tactics and work diligently to counter lowball offers with compelling evidence supporting your claim’s value.
Litigation if Necessary
While most accident claims are settled during negotiations, some cases require filing a lawsuit to achieve fair compensation. If litigation becomes necessary, our trial lawyers will guide you through each step of the court process, from filing the complaint to representing you at trial.
Challenges Unique to North Carolina Accident Claims
Pursuing an accident claim in North Carolina presents specific challenges that make having experienced legal representation particularly important:
Contributory Negligence
In North Carolina, the strict contributory negligence rule means that if you are even 1% at fault for an accident, you may be unable to recover any compensation. Insurance companies frequently use this rule to deny legitimate claims. Our attorneys know how to build strong cases that protect you from unfair contributory negligence allegations.
Damage Caps
In certain types of accident claims, such as medical malpractice cases, North Carolina law places caps on non-economic damages. Understanding these limitations is important when evaluating settlement offers.
Multiple Potentially Liable Parties
Many accidents involve several potentially responsible parties. Our team conducts thorough investigations to identify all liable parties and their insurance coverage to maximize your potential recovery.
The Value of Legal Representation for Accident Claims
Many accident victims question whether hiring an attorney is necessary. At O’Malley Tunstall, PC, we’ve seen firsthand how proper legal representation positively impacts the outcome of accident claims:
Proper Valuation of Your Claim
Without legal experience, most accident victims underestimate the true value of their claims. We make sure all current and future damages are properly calculated, including:
- Future medical treatments and rehabilitation.
- Long-term care needs for serious injuries.
- Loss of future earning capacity.
- Ongoing pain and emotional distress.
Level Playing Field with Insurance Companies
Insurance companies have teams of adjusters and attorneys working to minimize payouts. Having our experienced personal injury lawyers on your side levels the playing field and shows insurers you’re serious about obtaining fair compensation.
Peace of Mind During Recovery
Perhaps most importantly, allowing you to focus on your physical and emotional recovery while we handle the complex legal aspects of your claim. Our client testimonials reflect the relief and confidence our representation provides during difficult times.
Timing Considerations for Accident Claims
The clock starts ticking immediately after an accident occurs. Important deadlines to be aware of include:
- North Carolina’s three-year statute of limitations for most personal injury claims.
- Shorter notice requirements for claims against government entities.
- Insurance policy requirements for “prompt” notification of accidents.
- A critical need to preserve evidence that may disappear over time.
Consulting with an accident claim attorney as soon as possible after your accident guarantees these vital deadlines are met and your rights are protected.
Contact O’Malley Tunstall, PC, for Experienced Accident Claim Representation
If you’ve been injured in an accident, understanding your legal options is the first step toward recovery. Our Raleigh personal injury attorneys offer compassionate guidance and aggressive representation to help you navigate the accident claims process successfully.
Reach out to us today:
- Phone: (919) 277-0150
- Free Case Evaluation: Click here to schedule your consultation
- Address: 8300 Falls of Neuse Road, Raleigh, NC 27615
Frequently Asked Questions
What does it mean to claim an accident?
At O’Malley Tunstall, PC, claiming an accident means formally notifying the responsible insurer or initiating legal proceedings to secure the compensation you need after an accident, helping you cover medical bills, lost wages, and more.
What does a claim mean in insurance?
For our clients, a claim is your formal request to the insurance company for the benefits and compensation you’re entitled to under your policy, and it’s the first step in our process of fighting for your rights.
What is a personal accident claim?
A personal accident claim at O’Malley Tunstall, PC, involves pursuing compensation for injuries and losses, such as medical expenses, lost income, and pain and suffering, resulting from another party’s negligence.
How hard is it to win a personal injury lawsuit?
Winning a personal injury lawsuit in North Carolina can be challenging due to strict contributory negligence rules, but with over 40 years of experience at O’Malley Tunstall, PC, our team builds strong cases backed by solid evidence to maximize your chances of success.
Where can I reach a personal injury lawyer who handles accident claims in Raleigh?
To discuss your accident claim with our experienced legal team, contact O’Malley Tunstall, PC at (919) 277-0150, visit our office at 8300 Falls of Neuse Road, Raleigh, NC 27615, or complete our online contact form to schedule your free consultation.
