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 (800) 635-1683 or contact us online today.