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How to Sue After a Car Accident

May 11, 2020

How to Sue After a Car Accident in north carolina

How to Sue After a Car Accident

The State of North Carolina is a ‘fault state’ in the context of motor vehicle accidents. This means that if you are injured in an accident that is caused by another driver’s negligence, you have the ability to file a personal injury claim or lawsuit directly against that driver for damages. However, the process of filing a lawsuit can sometimes be complicated and time-consuming. Therefore, if you are contemplating filing a lawsuit after your car accident, it is important that you speak with an experienced attorney.

The North Carolina personal injury lawyers at King Law Firm can help you decide if filing a lawsuit is the best move for your case. If so, our team can assist you with filing your lawsuit and litigating your case through the court system. Please give us a call today to learn more about our services and how we can help.

Try to Settle the Case First

Before you file a lawsuit against the at-fault motor vehicle operator, you should make attempts to first try and settle the case with the at-fault driver’s insurance company. This may take several rounds of negotiation. However, if a stalemate is reached and the insurance company refuses to offer you full and fair compensation for your injuries, then you may file a lawsuit against the driver who caused your accident.

Make Sure to Name all of the Necessary Parties in Your Lawsuit

When you file a lawsuit following a motor vehicle accident, it is essential that you name all of the necessary parties to that lawsuit. Obviously, you will want to name the driver of the motor vehicle who caused your accident. In addition, there may be several other individuals that you should name. For example, if the negligent driver was operating a commercial vehicle, you may be able to name the driver’s employer, such as a trucking company, as a defendant in the lawsuit.

A standard motor vehicle accident complaint names the necessary parties and typically contains a variety of boilerplate language. Most motor vehicle accident complaints include the following:

  • A case caption which lists all of the parties to the case
  • The date, time, and place of the accident
  • The reason or reasons why the at-fault driver was negligent
  • A statement as to causation
  • The damages (both economic and noneconomic) which the accident victim suffered in the accident
  • An ad damnum clause which states the amount of damages being claimed by the accident victim.

Making Sure to File the Lawsuit on Time

In North Carolina, there is a three-year statute of limitations on personal injury cases, including motor vehicle accident cases. Therefore, if you suffer an injury in a car accident that was caused by someone else, you have three years from the date of the accident in which to file your claim or lawsuit. If you do not file your lawsuit in a timely manner, you will not be able to pursue damages against the at-fault driver.

Speak with a North Carolina Personal Injury Lawyer About Your Case Today

At the King Law Firm, our legal team will ensure that your personal injury lawsuit is filed in a timely manner. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 205-9940 or contact us online today.

Your Legal Options after a Car Accident

May 8, 2020

your options after a car accident

Your Legal Options after a Car Accident

If you are involved in a motor vehicle collision that was caused by another driver’s negligence, there are several legal options that may be open to you. First, you may have the option of settling your case with the at-fault driver’s insurance company. Secondly, you may decide to litigate your case in the state court system. If the at-fault driver’s insurance company does not offer you favorable settlement money, you may opt to file a lawsuit and take your case to trial or pursue some form of alternative dispute resolution.

The North Carolina personal injury lawyers at King Law Firm can help you decide on the best legal option for you and your personal injury case. Please give us a call today to learn more about how we can assist you throughout your personal injury legal matter. 

Settling Your Car Accident Case

One legal option that you may have a following your motor vehicle accident is to file a claim with the at-fault driver’s insurance company. Once you file your claim, you or your lawyer will submit a demand package to the insurance company that includes all of your medical records and bills. The adjuster assigned to your case will then make a settlement offer.

It is important to keep in mind that most initial settlement offers from insurance companies are low. Consequently, it may take several rounds of negotiation before the insurance company’s adjuster makes an offer that is both reasonable and acceptable.

Filing Suit and Litigating Your Case in the State Court System

If the insurance company does not offer you a reasonable amount of money to settle your car accident case, you may decide to file a lawsuit against the at-fault driver and litigate your case in the state court system. However, just because you file suit against the responsible driver does not necessarily mean that your case will go all the way to trial. In fact, the vast majority of car accident personal injury cases are settled long before trial.

If you and your lawyer ultimately decide to take your case to trial, a jury will decide what if any damages you are entitled to as a result of the injuries which you suffered in your car accident.

Alternative Dispute Resolution

Instead of going to trial, you and the at-fault driver’s insurance company may decide to pursue alternative dispute resolution. There are several types of alternative dispute resolution worth mentioning. First, you may decide to mediate your case before a neutral, third-party mediator. The mediator will work with both sides to help the parties try and reach a favorable resolution to the case.

As an alternative, the parties may decide to arbitrate the case in front of a neutral, third-party arbitrator. The parties will present their case before the arbitrator, just as if they were in trial, and the arbitrator will make either a binding or non-binding decision about the damages (both economic and noneconomic damages) to which the accident victim is entitled.

Speak to a North Carolina Personal Injury Lawyer Today

At the King Law Firm, our knowledgeable legal team can help you decide on the best course of action for your personal injury case. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 206-0052 or contact us online today.

How Fault is Determined in an Auto Accident

May 7, 2020

How Fault is Determined in an Auto Accident

How Fault is Determined in an Auto Accident

When it comes to motor vehicle accidents, the state of North Carolina is a ‘fault state.’ This means that if you suffer injuries in a motor vehicle collision that is caused by another person’s negligence, you can file a claim or lawsuit directly against that negligent individual.

In order to prove fault, you must be able to demonstrate that the other driver acted in an unreasonable manner under the circumstances. For example, if the other driver violated a traffic law, such as by running a red light or speeding, that evidence is typically sufficient to establish negligence on the other driver’s part. When it comes to proving fault, there are several key pieces of evidence, including eyewitness testimony, eyewitness statements, and police reports, which are very useful.

The North Carolina personal injury lawyers at King Law Firm can assist you with proving that another driver was at fault for your auto accident. We will also help you pursue monetary recovery for the injuries which you suffered in your accident. Please give us a call today to learn more about how we can assist you with your personal injury legal matter. 

Witness Statements

Written and oral statements by eyewitnesses are key pieces of evidence in motor vehicle accident cases. An eyewitness who was on the scene at the time of the accident may be able to testify that another driver ran a red light or stop sign, was speeding or failed to yield the right-of-way to the accident victim’s vehicle. 

If you are involved in a motor vehicle collision, it is extremely important that you obtain the names and contact information for any eyewitnesses who appear at the scene. These statements will become extremely important when it comes to proving fault in your accident case.

Police Reports

Police reports are another source of potential evidence when it comes to proving fault in a motor vehicle accident case. Although police officers often arrive at the scene after the accident has already occurred, they are still in a position to speak with witnesses and make an assessment about who caused the accident. The police report will also typically state who, in the police officer’s opinion, was at fault for the accident – and whether or not a citation was issued to the at-fault driver.

Pure Contributory Negligence

North Carolina is one of only five jurisdictions in the United States that still follows the law of pure contributory negligence. Under this law, an injured accident victim is not entitled to any recovery if he or she is even one percent at-fault for a motor vehicle collision. However, if the other driver still had the last clear chance to avoid the accident, then an accident victim’s contributory negligence may not prevent him or her from recovering damages.

Speak to a North Carolina Personal Injury Lawyer Today

At the King Law Firm, our legal team can assist you with proving all of the elements of your negligence claim arising out of a motor vehicle collision. We can also file a claim or lawsuit on your behalf against the at-fault driver. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 205-9940 or contact us online today.

Rear-Ended by a Commercial Vehicle

May 6, 2020

rear end accident with commercial vehicle

Rear-Ended by a Commercial Vehicle? 

If you are rear-ended in a motor vehicle collision by the driver of a commercial vehicle, you may have a legal claim against both the vehicle driver, as well as the company that employs the driver for damages. This is because a driver who is operating a vehicle within the scope of his or her employment is acting as an agent of his or her employer. The employer, therefore, may share in some or all of the liability for the accident.

If you are involved in a motor vehicle collision that was caused by the driver of a commercial vehicle, you may be able to pursue damages by filing a claim or a lawsuit. The North Carolina personal injury lawyers at King Law Firm can assist you within bringing your claim, and if necessary, litigating your case through the court system. Please give us a call today to learn more about how we can help you with your personal injury legal matter. 

Common Causes of Rear-End Accidents

Drivers of commercial vehicles, including commercial truck drivers, are oftentimes in a hurry. Commercial drivers who arrive at their destinations sooner may be entitled to additional compensation, and these drivers are oftentimes encouraged by their companies to log as many hours as possible. However, this sometimes causes commercial drivers to operate their vehicles in an unsafe and careless manner. When people drive carelessly, motor vehicle collisions – including rear-end accidents – can occur. Some of the most common causes of rear-end accidents caused by commercial drivers include:

  • Speeding — When commercial drivers operate their vehicles far in excess of the speed limit, they increase their chances of colliding with the back of another vehicle. Since commercial vehicles are typically much larger than passenger vehicles, such a collision can bring about serious injuries.
  • Distracted driving — When the driver of a commercial vehicle is paying attention to an electronic device, such as a cell phone or tablet, instead of the road, he or she is more likely to collide with the rear end of another motor vehicle, bringing about serious injuries.

 

  • Weaving — In an attempt to arrive at their final destinations sooner, many commercial drivers, including truck drivers, try to weave in and out of traffic in order to get ahead. When this happens, they increase the chances that they will cause a serious motor vehicle collision.

Filing a Claim or Lawsuit for Damages

In addition to filing a claim or lawsuit against the negligent commercial driver, you may be able to also bring a claim or lawsuit against the driver’s employer. In order to do so, the at-fault driver must be operating his or her vehicle within the scope of employment. If the driver is operating the commercial vehicle for work purposes, then the employer may also be vicariously liable for the driver’s negligent actions or inactions while on the road.

As part of any negligence claim, the accident victim may be able to pursue damages for his or her medical bills, lost earnings, pain, suffering, inconvenience, and other damages. 

Speak to a North Carolina Personal Injury Lawyer Today

The experienced legal team at the King Law Firm can assist you with filing a claim or lawsuit for damages in a rear-end motor vehicle accident that involved a commercial truck. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 206-0052 or contact us online today.

North Carolina Personal Injury Damages

May 5, 2020

North Carolina Personal Injury Damage

North Carolina Personal Injury Damages

People can suffer personal injuries in a variety of ways. In some cases, a person may be injured if he or she is involved in a motor vehicle collision. At other times, a person can be injured in a pedestrian accident or a slip and fall accident. Still others are injured when they are using a product which turns out to be defective in some way.

If you suffer an injury in an accident that is caused by someone else’s negligence, recklessness, or carelessness, you may be in a position to make a claim or file a lawsuit for personal injury damages against the at-fault individual or entity. Our North Carolina personal injury lawyers can help you pursue the damages you by filing a personal injury claim on your behalf. Call our office today to schedule a consultation with an experienced attorney.

Proving that You Are Entitled to Recover Damages in Your Personal Injury Case

As a plaintiff in a personal injury case, you have the burden of proving that you are entitled to recover damages. In order to meet this burden of proof, you must first demonstrate that the at-fault individual or entity was negligent.

In order to prove negligence, you must demonstrate that it is more likely than not that the at-fault person acted in an unreasonable manner. For example, in a motor vehicle accident case, you must demonstrate that the at-fault person violated a traffic law or engaged in some other unreasonable conduct, resulting in the accident. Moreover, you must be able to show that you suffered one or more physical injuries in your accident and that your injuries occurred because of the accident.

Economic and Noneconomic Damages

If you can demonstrate that someone else caused your accident, you may be entitled to a variety of economic and noneconomic damages. Economic damages are used to compensate you for the out-of-pocket costs and losses associated with your accident. For example, you may be able to recover compensation for the medical treatment which you incurred as a result of your accident. Moreover, you may be able to make a claim for lost wages, so that you can be compensated for missed work time.

In addition to these economic damages, you may be able to make a claim for noneconomic damages. Noneconomic damages are used to compensate accident victims for the out-of-pocket costs resulting from their injuries. For example, an accident victim may be able to make a claim for pain and suffering, inconvenience, loss of earning capacity, emotional distress, mental anguish, and loss of spousal and family support related to an accident.

An experienced personal injury attorney in North Carolina will do everything possible to help you pursue the monetary damages that you need so that you can be made whole after your accident.

Speak to a North Carolina Personal Injury Lawyer Today

At King Law Firm, our legal team can help you pursue the damages that you need after an accident. To schedule a free case evaluation and legal consultation with an experienced North Carolina personal injury attorney, please call us at (855) 205-9940 or contact us online today.

North Carolina Dui Car Wrecks On The Incline

Sep 18, 2019

North Carolina Criminal Lawyers

United States statistics shows that the number of fatal accidents that happen in the United States due to drunken driving is comparatively high. In a single year, there were more than 7,850 fatal crashes involving DUI throughout the United States. On average, this is about 25 car accidents every day. North Carolina is a state that ranks high, where a car wreck is most likely to happen due to DWI.

Other states that are considered to be the deadliest with regard to DWI crashes are in various parts of the country.  According to authorities, these types of accidents are most likely to happen between the hours of 2 a.m. and 3 a.m. Primarily because this is the time most bars close.

However, there are other time periods that are dangerous as well. Around 7 p.m. is also a period with a higher incidence of DWI accidents, likely because restaurants and bars often quit serving happy-hour drinks at reduced prices. The study further documented a higher increase in accidents at about 3 p.m., which suggests that drinking during lunchtime might be increasing.

Those in North Carolina who are injured in drunk driving accidents have the right to file personal injury claims against the driver or drivers believed to have been at fault. If you or a loved one have been injured due to a someone operating a motor vehicle while impaired, contact the King Law Firm for a free Case Evaluation.