Helping Accident Victims Fight for the Fair Compensation They Deserve
No one ever imagines they may suffer a personal injury due to another person’s negligence. However, the hard truth is that many Charlotte residents suffer personal injuries every day as a result of other’s careless actions or inactions.
If you have suffered a personal injury, you are probably frightened and concerned about how you will support yourself and what the future holds. Even minor injuries can result in accident victims having to cope with expensive medical bills, lost wages, and emotional distress.
Individuals who suffer serious injuries may be left with permanent disabilities and require lifelong medical care. Families of victims who have suffered severe injuries are often left scrambling to try and pay for excessive medical costs that can quickly throw them into a financial crisis.
Regardless of the type of personal injury you or a loved one may have experienced, you have a right to file an injury claim to try and recover financial compensation. Be that as it may, North Carolina has complex laws that are challenging to navigate without the help of an experienced personal injury attorney.
O’Malley Tunstall PC is a personal injury law firm passionately committed to helping injured victims fight for the fair compensation they deserve. Contact our Charlotte, NC, law offices and ask to schedule a free case evaluation to learn more about our legal services and how we may serve you.
Why Do I Need to Hire a Personal Injury Attorney to Help Me File a Claim?
Often, personal injury victims are under the impression that they cannot afford to hire an attorney. However, studies show that victims who hire an attorney to help them with their insurance claim receive more compensation than those who choose not to have legal representation.
Because personal injury law encompasses various injuries, such as medical malpractice claims or wrongful death, it is always best to have a knowledgeable attorney to help you navigate the legal system.
Some of the most significant benefits of hiring a personal injury lawyer include:
- Help personal injury victims correctly complete and file insurance paperwork. One of the most common reasons claims are denied is that forms are filled out incorrectly or are incomplete.
- Gather evidence, including medical records, accident reports, and witness testimony, to build your case.
- Make legal determinations regarding multiple liability incidents and who should be held accountable for your injuries.
- Determine the amount of compensation you may be entitled to recover.
- Act as your legal advocate with the insurance company.
- Negotiate with the insurer to obtain a financial settlement in your best interest.
Suppose the insurer is unwilling to offer you an acceptable settlement that will pay for your damages and pain and suffering. In that case, an attorney can file a personal injury lawsuit on your behalf. However, many individuals may need to be made aware that even if a personal injury case is scheduled for trial, an out-of-court settlement may still be reached between the parties involved.
Contact our Charlotte personal injury lawyers for more information about the advantages of hiring a legal professional.
What are Some of the Most Common Types of Personal Injuries?
Of course, no one can predict when an individual may suffer a personal injury. In most instances, accident victims sustain injuries with no prior warning. However, North Carolina accident reports that there are several commonly reported accidents related to personal injury claims, which include:
- Car accidents
- Truck accidents
- Commercial truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Pedestrian accidents
- Workplace accidents
- Nursing home abuse
- Medical malpractice claims
- Wrongful death claims
Overall, motor vehicle accidents comprise a significant portion of personal injury claims. Although many motor vehicle accidents are simply the result of careless driving on the part of both drivers, many times they can be attributed to negligent behavior such as:
- Impaired driving
- Distracted driving
- Failure to obey traffic laws
- Speeding or reckless driving
- Failure to maintain vehicle systems.
To learn more about the causes of personal injuries and why legal representation is essential, contact our law office to speak with a Charlotte personal injury lawyer who will evaluate your case.
What Steps Should I Take After I Have Been Injured in a Personal Injury Accident?
Often, when an individual has been injured in an accident caused by another party’s negligence, they are unsure what to do and who to turn to for help.
If you have suffered a personal injury, there are several steps that you must take immediately following the accident to protect yourself and your ability to recover compensation.
These crucial steps to follow after being injured in an accident include:
- Contact 911 immediately to report the accident and, if necessary, request emergency responders to treat your injuries.
- If you are injured in a public establishment, request the owner or manager to complete an incident report.
- Thoroughly document the accident scene by taking numerous photos and videos, as evidence often disappears. For example, personal injury victims who have suffered slip and fall accidents should always take pictures to show where liquids were present, or other obstacles and debris were located that contributed to their injuries.
- Gather contact information from eyewitnesses.
- Seek medical attention immediately. Some insurance providers will refuse to pay claims if the accident victims have not been examined by medical professionals.
- Be sure to request a copy of the police report for your records.
- Do not post details about the incident on social media or speak with the other party’s insurance company.
- Contact a Charlotte personal injury attorney to evaluate your case and advise you of your legal options.
If you have been injured in an accident, contact O’Malley Tunstall PC for legal assistance with your personal injury case.
How Long Do I Have to File a Personal Injury Claim in North Carolina?
The North Carolina statute of limitations allows personal injury victims to file a claim up to three years after the date of their injury. However, the state only allows for three years because, over time, witnesses’ memories may fade, and evidence may disappear or become unreliable.
However, North Carolina law does allow certain exceptions to the three-year statute of limitations, which include:
- Minors: If the injured victim is a minor, the statute of limitations is “tolled” or paused until the victim turns 18. As a result, when an injury victim turns 18, they have until their 21st birthday to file a personal injury claim.
- Discovery rule: In medical negligence or malpractice cases, individuals may not initially discover their injury until later. In these cases, the statute of limitations begins on the date the injury is discovered or should have been reasonably discovered.
- Disability or incapacity: If an individual is disabled or mentally incapacitated, the statute of limitations until the issues are resolved.
Injury victims who do not file a claim within the specified time limits will most likely have their case thrown out by the court. Although three years may seem like a long time, it can quickly pass by.
Our Charlotte, NC, law firm has extensive experience handling personal injury cases and would be honored to assist you with filing your insurance claim promptly so that you can avoid missing critical deadlines.
What Type of Compensation Can Personal Injury Victims Recover After an Accident?
One of the most critical concerns for injured clients is what type of compensation they may be able to recover after an accident. Even with health insurance, accident victims may be suddenly faced with having to pay expensive medical bills and other accident-related expenses.
North Carolina law allows injured victims to try and recover economic and non-economic damages.
Economic Damages
In most personal injury cases, accident victims may be able to recover monetary compensation for their out-of-pocket expenses. Also known as compensatory damages, injured clients may be able to seek compensation for:
- Past and present medical expenses.
- Lost wages
- Loss of earning potential
- Property damage
Additionally, clients who have suffered severe trauma, such as spinal cord or brain injury, may be able to seek compensation to pay for extended nursing care or modifications to their home or vehicle.
Non Economic Damages
Non-economic damages pay for a victim’s intangible losses that cannot be defined by a specific dollar amount. Personal injury victims should remember that any non-economic damages that may be awarded are based on the unique circumstances in their cases.
However, some of the most frequently awarded economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of consortium
- Permanent disfigurement and scarring.
One of the most considerable advantages of hiring a personal injury lawyer is they will professionally evaluate your case to determine appropriate damages. Contact our law firm to schedule an appointment with a Charlotte personal injury lawyer today.
What is Contributory Negligence?
North Carolina is one of a handful of states that subscribes to a contributory negligence doctrine. Under this law, personal injury victims deemed to have contributed to the accident in any way are barred from seeking compensation.
As a result, many insurance companies try to take unfair advantage of this law and blame the victim for causing the accident. Insurance providers have legal teams who look for ways to avoid paying large claims, usually at the victim’s expense.
With any Charlotte personal injury claim, you may run the risk of the insurance company trying to deny your case. Insurance companies focus more on profits than the well-being of those who file personal injury claims. Additionally, in cases where
Due to the complexity of the state’s contributory negligence law, injured victims must always have a personal injury attorney on their side who will fight to safeguard their legal rights.
O’Malley Tunstall PC of Charlotte, NC, is familiar with the various tactics that insurers use to avoid paying claims. If the insurance company is unwilling to treat our clients fairly, we are prepared to file personal injury lawsuits to help clients receive the fair compensation they deserve.
Who Can File a Wrongful Death Claim in North Carolina?
Sadly, in some cases, some personal injury victims die as a result of fatal accidents, leaving their families no choice but to file wrongful death claims.
North Carolina law stipulates that wrongful death occurs due to a wrongful or negligent act or default caused by a person or entity that would have entitled the victim to file a personal injury lawsuit had they survived.
State law only permits a personal representative named by the court or executor of an estate identified in a will to file a wrongful death claim. Authorized representatives only have two years from the victim’s date of death to file a wrongful death claim.
In most instances, personal representatives and executors who file wrongful death lawsuits include:
- Surviving spouse
- Adult children
- Parents
However, to win a wrongful death lawsuit, the plaintiff bringing the lawsuit must prove the following legal elements:
- The defendant owed the victim a duty of care.
- The plaintiff must prove the defendant breached their duty of care.
- Finally, the plaintiff must show causation, meaning they must prove the defendant’s actions or inactions directly caused the victim’s death.
Some of the most frequently awarded wrongful death damages awarded may include:
- Reasonable funeral and burial expenses.
- Compensation for medical expenses incurred by the victim due to their fatal accident.
- Pain and suffering
- Loss of income
- Loss of protection
Just as with any personal injury claim, damages may significantly vary based on the facts of the case. To learn more about filing a wrongful death claim and how we can help you hold the liable parties responsible for the death of your loved one, contact our law firm today.
What Makes Your Charlotte Personal Injury Lawyers the Best Choice to Help Me Recover Financial Compensation After an Accident?
O’Malley Tunstall PC is a Charlotte, North Carolina, law firm dedicated to helping those who have suffered serious injuries due to negligence recover monetary compensation for their medical bills and lost wages. Our lawyers have comprehensive experience helping clients and their families with their legal issues.
We take pride in assisting North Carolina residents with their legal needs and ensuring they are treated fairly by insurance companies.
Our Charlotte personal injury lawyers recognize that one of the last things injured clients want to do is deal with insurers while trying to recover from their injuries. For this reason, our personal injury lawyers will deal with the insurance company so you can rest and focus on your recovery.
Most insurance companies are more willing to negotiate fair settlements if they know that personal injury victims have attorneys to provide them with skilled legal representation. Our goal is to help clients recover financial compensation that will help them pay for past and future medical treatment and give them peace of mind to face the future confidently.
If you have suffered a serious injury due to another person’s actions or inactions, you must hire an experienced personal injury attorney who fights to help you obtain the justice you deserve.
Contact O’Malley Tunstall PC at our Charlotte, NC law offices by calling (919) 277-0150 and ask to schedule a free no-obligation consultation with a personal injury lawyer who will professionally evaluate your case.