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One of the most overwhelming events that anyone and their family can ever experience is to suffer a personal injury. No one ever wants to believe that someone else’s carelessness could result in them experiencing severe or permanent injuries.
However, every day, Fayetteville and Cumberland County residents are injured due to another person’s negligence. In many instances, accident victims are left unable to work and support themselves and their families. Sadly, some injured clients are never able to fully recover and require lifelong care quickly, placing a financial burden on them and their families.
For these reasons, if you or a loved one has suffered a personal injury, you must hire an experienced attorney to help you file a claim and protect your legal rights.
Contact O’Malley Tunstall PC today at our law office and ask to schedule a free initial consultation with one of our personal injury attorneys, who will gladly assist you and determine your legal options.
What are the Benefits of Hiring a Personal Injury Attorney After Being Injured in an Accident?
Unfortunately, many personal injury victims are under the mistaken impression that they cannot afford to hire a lawyer to help them file a claim. However, personal injury law can be overly complex, especially if multiple liability issues are involved. Studies show that injured victims who hire personal injury lawyers typically recover more compensation than those who handle their claims independently.
Some of the most considerable benefits of hiring a personal injury attorney include:
- Knowledgeable legal assistance: An injury attorney can provide the assistance you need to help you save time and money.
- Assistance with filling out and filing claims: One of the main reasons that personal injury claims are delayed or denied is that they are incomplete, filled out incorrectly, or not filed on time. An attorney can assist you with the claims process to help you avoid unnecessary delays.
- Gather evidence to prove liability: North Carolina follows a contributory negligence doctrine, meaning that if it can be proven that a personal injury victim was even one percent at fault for the accident, they are barred from seeking compensation. However, a skilled lawyer can gather evidence, including witness testimony, and perform accident reconstruction studies to prove the other party was strictly at fault.
- Act as a legal advocate with the insurance company: Insurance companies often use unethical tactics to try and delay, reduce, or deny compensation. However, an insurer is often more willing to negotiate when they know you have a knowledgeable attorney who understands their client’s legal rights.
- Negotiate fair compensation: Many accident victims are unaware that most injury claims are settled out of court through negotiations with the insurance provider. A personal injury lawyer can negotiate a fair settlement to ensure that injured clients receive a fair settlement.
What are the Most Common Types of Personal Injury Cases?
Although individuals can suffer personal injury accidents for several reasons, some causes are more commonly reported than others. If you have suffered a personal injury, you must seek medical attention immediately to protect your well-being and right to file a claim.
Some of the most frequent personal injury accidents reported in Fayetteville and Cumberland County include:
- Car accidents
- Slip and fall accidents
- Workplace accidents
- Pedestrian accidents
- Medical malpractice
- Dog bites
- Wrongful death
Although the injuries suffered in a personal injury accident may range from minor to severe, victims may be left with substantial hospital and related medical bills that are challenging for them to pay. Common injuries include:
- Broken bones
- Bone fractures
- Head, neck, and back injuries
- Internal injuries
- Soft tissue injuries
- Facial injuries
However, suppose a victim suffers a life-altering injury such as an amputation, spinal cord, or traumatic brain injury. In that case, it may require lifelong specialized nursing care that can quickly become cost-prohibitive for a family.
If you or a loved one has suffered a life-changing injury, you must hire a qualified personal injury lawyer immediately. Only an experienced personal injury attorney is qualified to handle a catastrophic injury claim to ensure you receive maximum compensation.
What Type of Financial Compensation Can I Recover in a Personal Injury Claim?
One of the most critical questions concerning personal injury victims is how they can obtain financial compensation for their medical expenses, lost wages, and pain and suffering.
North Carolina law allows accident victims injured due to another person’s negligence to try and recover damages.
Economic Damages
Economic damages may be awarded to injury victims to compensate them for their out-of-pocket expenses. Although the type and amount of damages an accident victim can recover varies from case to case, some of the damages they may be compensated for include:
- Past and future medical bill
- Lost wages
- Loss of earning capacity.
- Property damage
Suppose you have suffered a catastrophic injury such as a spinal cord injury. In that case, you may recover compensation that pays for modifications to your home or vehicle to accommodate medical equipment.
Additionally, if an injured victim’s vehicle or other property was damaged in an accident, they may be able to recover monetary compensation to pay for replacement costs.
Non Economic Damages
Non-economic damages compensate victims for non-monetary losses. Also referred to as non-economic losses, typical examples include:
- Pain and suffering.
- Loss of enjoyment of life.
- Emotional distress
- Loss of consortium
- Permanent disfigurement and scarring
It should be noted that any non-economic damages that may be awarded will be based on the unique facts and circumstances of the personal injury case.
O’Malley Tunstall PC is a law firm dedicated to helping injured clients recover damages and maximum compensation for personal injuries. Contact our Fayetteville personal injury lawyers to schedule a meeting to discuss your case.
Should I Speak With the Other Party’s Insurance Company?
Many personal injury victims make the critical mistake of speaking with the other party’s insurance company after they have been involved in an accident. Insurance adjusters often contact the injured victim quickly after the accident has been reported.
An insurance adjuster will often ask those who have been injured to make a recorded statement providing details of how the accident occurred. They will often encourage accident victims to agree to their requests by telling them it will speed up the claims process. However, most claimants are unaware that the insurance company can use their statement against them to try to reduce or deny their claim.
Insurance companies know that North Carolina follows a contributory negligence doctrine, which states that if the victim is found to have contributed to the accident in any way, they are not entitled to try and recover compensation. Consequently, many insurers look for ways to blame the victim to avoid paying out large claims. That being the case, accident victims should never speak with the insurance provider without consulting their personal injury attorneys.
Contact our Fayetteville law firm to schedule an appointment with one of our highly experienced attorneys, who can advise you of your legal rights and act as your legal liaison with the insurance provider.
How Long Do I Have to File a Personal Injury Claim?
In most instances, North Carolina has a three-year statute of limitations for personal injury cases. However, state law does allow exceptions based on the facts of the case. Because extenuating circumstances can change the specific deadline for an injury claim, it is always wise to hire a knowledgeable attorney who can provide more information.
Some notable exceptions to North Carolina’s three-year statute of limitations law include:
- Defective or unsafe conditions on real property: State law allows plaintiffs 6 years to file from the defendant’s negligent act or failure to act that caused the injury.
- Defective product: Plaintiffs can file personal injury claims up to 12 years after the date they purchased the product.
- Minor child: If a minor child suffers a personal injury, the statute of limitations clock is paused until the child turns 18. As a result, they have until age 21 to file a personal injury lawsuit to try and recover financial compensation. However, any medical bills the parents incur for the minor child’s injuries are still subject to the three-year time limit.
- Wrongful death: The personal representative handling the victim’s estate has two years from the date of death to file a wrongful death claim. The statute of limitations for wrongful death cases begins on the day the victim died and not the date they suffered their fatal injury.
Anyone who has suffered a personal injury must obtain qualified legal assistance immediately to ensure they do not miss deadlines to file their claims. If you miss the deadline to file your claim, that court will refuse to hear the case, and you will lose all legal recourse to seek compensation.
If you need further clarification on how long you have to file a claim, contact our law firm to speak with a Fayetteville personal injury attorney who can answer your questions.
Why Should I Trust Your Personal Injury Law Firm to Help Me With My Injury Claim?
O’Malley Tunstall PC is a law firm dedicated to helping accident victims with their personal injury claims. Our personal injury attorneys work hard to safeguard victims’ rights and prevent the insurance company from taking advantage of them at a vulnerable time in their lives.
If an insurer is unwilling to adequately compensate you for a serious injury, our dedicated team of legal professionals is ready to take legal action on your behalf. We have extensive experience handling civil cases where an insurer tries to assign blame to the victim to avoid paying them a financial recovery.
Furthermore, we will act as your legal advocate with the insurance provider to help you receive financial compensation that will meet your needs.
We have worked hard to build a well-earned reputation in Fayetteville and Cumberland County. Our personal injury lawyers are committed to holding the liable party responsible for causing your injuries.
Regardless of whether you have suffered an injury in a car accident due to another person’s negligence or are fighting to obtain workers’ compensation, our personal injury attorneys will fight to help you seek the compensation you deserve.
Contact O’Malley Tunstall PC at our Fayetteville, NC, law office by calling (919) 277-0150 and ask to schedule a free case evaluation so that we may discuss your legal options.
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