When Should I Contact An Attorney If I Have Had An Accident In North Carolina?
Key Highlights:
- When should I contact an attorney if I have had an accident in North Carolina? Before you talk with an insurance company.
- Under North Carolina’s 1% rule, one mistake at the beginning could have huge implications later, such as being barred from receiving any benefits.
- Evidence, such as videos and vehicle damage, can be lost very quickly.
- While the time limit for filing a lawsuit can last many years, the work needed to prove your case starts today.
- At Tatum & Atkinson, consultations are free, and you will not incur any legal fees until your claim is resolved.
If you are wondering when should I contact an attorney if I have had an accident in North Carolina? The answer, in short, is much earlier than most people think. You should contact a lawyer before speaking with an insurance adjuster.Â
In North Carolina, you have several years to file a lawsuit, but the most critical decisions involved with your claim happen within the first few days after the incident occurred. In this blog post, experienced lawyers at Tatum & Atkinson Law Firm will discuss when to reach out to a North Carolina personal injury attorney and why it is critical to contact a lawyer earlier in North Carolina compared to just about any other state.
Don’t wait until it’s too late to protect your rights. Contact an accident attorney today at (800) 529-0804 for a free, no-obligation consultation.
When Should I Contact an Attorney If I Have Had An Accident In North Carolina?
A few states follow pure contributory negligence, and North Carolina is one of them, which means that if you are even one percent at fault, then you cannot recover damages. The aim of the insurance company is to find any evidence to pin the fault on you, while the purpose of your lawyer will be to prevent you from providing this evidence to the adjuster.
Furthermore, evidence could be lost due to any delays in contacting a lawyer. For instance, security cameras usually overwrite their data in 14 to 30 days, damaged vehicles can be fixed or thrown away, and witnesses can forget what really happened. The adjusters start their investigations within a few hours after any event. The legal deadline to file a personal injury claim NC is three years after the accident; however, once the deadline has passed, the opportunity to file suit is also gone. Early assistance can help you manage all three factors concurrently.
When You Should Call: The Common Triggers
Some essential situations, such as serious injuries, liability issues, and complicated insurance cases, require timely legal assistance to safeguard your rights.Â
You Were Seriously or Permanently Hurt
Hospital admission, surgical procedures, fractured limbs & any type of brain/spinal or catastrophic injury means you should contact us prior to receiving an initial offer of settlement. The more severe your injury is, the more the insurance company gains by valuing it less.
Who Caused the Crash Is in Dispute
If the party that caused the collision is disputing fault, or if there are conflicting accounts, NC’s 1% rule makes this dispute incredibly dangerous for your claim; therefore, it is always critical to consult with an attorney early in this situation.
A Truck, Rideshare, or Commercial Vehicle Was Involved
If a commercial vehicle (i.e. tractor, rideshare, truck) was involved in your case, there would be an abundance of insurance for your case. These cases involve experienced defense counsel and a substantial amount of evidence (such as the truck’s driving log or black box) that will be governed by federally regulated rules of evidence; therefore, the delay in obtaining access can result in a loss of this evidence.
The Other Driver Was Uninsured or Fled
When the driver who caused the accident does not have insurance or cannot be found, it is your own uninsured/underinsured motorist coverage that takes over, and there are specific additional rules and traps regarding how to file claims under this coverage.
The Adjuster Has Already Contacted You
A friendly phone call from an adjuster asking for a recorded statement is not a courtesy; it’s about gathering evidence, so you should consult an attorney prior to providing any such statement.
Someone Died in the Crash
The time limit and required process for filing a wrongful death claim are much shorter than with other types of claims. A family that has lost a loved one should not have to go through this process alone, and the sooner they receive guidance, the stronger their claim will be.
Mistakes That Come From Waiting
Postponing legal steps as well as medical treatment could result in serious mistakes that are frequently taken advantage of by insurance companies to minimize or reject your injury claim.Â
- Providing the adjuster with recorded statements that they will later use against you to pin 1% fault.
- Posting about the accident, your injury, or any of your activities on social media.
- Signing any type of release or broad medical authorization before knowing the full extent of your injury.
- Leaving large gaps in medical treatment, which insurance companies use as ‘proof’ you weren’t actually hurt.Â
- Letting the vehicle be repaired/replaced before anyone has a chance to document the damage.
Get Medical Care, and Get It Documented
Regardless of how you feel at the moment, it is important to visit a physician quickly. Adrenaline can disguise injuries, and in many cases, soft tissue injuries and concussions will not show symptoms until days after the accident.
By receiving prompt and continuous care through a medical provider, it will serve two purposes: first, it protects your health; and second, it establishes documentation that you actually suffered an injury as a result of the car accident.
The adjuster will be looking at treatment gaps as the first basis of proof that you were not really injured in the auto accident.
The Deadlines You Cannot Miss
North Carolina statute N.C.G.S. § 1-52 requires parties to file an injury lawsuit within three years of the date that the cause of action arises. This is in contrast with wrongful death lawsuits, which must generally be filed within 2 years (N.C.G.S. § 1-53).Â
In certain cases, actions against city, county or state agencies may have to provide written notice much earlier than others and injuries to children can also have different time restrictions. If you do not meet that time frame, in most circumstances, the claim will be extinguished regardless of its merits, which is why “I’ll wait until later to file” is an extremely risky proposition.
What to Expect at the First Consultation
Your initial case review is completely free, confidential, and carries no obligation. A lawyer will discuss your situation with you, explaining how the 1% rule and deadlines apply to your situation, and when to hire a lawyer after an accident. In some cases, the answer will be no.Â
Bring the police report, photographs of your vehicle and injury, your insurance information, and your medical records, if you have them. Most of the time, it takes about 20 minutes for the initial consult, and there’s no up-front cost to hire a lawyer since these types of cases are handled on a contingency basis.
Not Sure If You Need a Lawyer? Get Straight Answer From The Heavy Hitters
Are you asking, “When should I contact an attorney if I have had an accident in North Carolina?” If so, your answer is right now. This is one of the many reasons you need to contact us immediately; this call will be free and will give you the answers you need to figure out the status of your claim.
Since 2006, Tatum & Atkinson has helped those injured in North Carolina from our Raleigh office and throughout the state. We are known as The Heavy Hitters, and as such, we take on injury claims subject to North Carolina’s 1% rule, communicate with the adjuster on your behalf, and will be upfront with you if you do not need our services.
Call (800) 529-0804 today for your free consultation. You will not owe us unless we win. The clock is already running. Contact us now!
Frequently Asked Questions!
What does it cost to talk to a lawyer?
No charge for the initial consultation; if you hire Tatum & Atkinson to represent you in your accident case, we will not charge you unless we recover money for you. We will take our fees out of the amount recovered, not out of your personal funds.
It has already been a few months, is it too late?
Most likely not. Generally, the deadline for bringing a lawsuit is three years; therefore, a few months would probably still allow a plaintiff to seek damages. However, evidence continues to disappear every day and will be much harder to locate if it is delayed.
Do I need a lawyer after a car accident if the accident was minor?
No, not necessarily. If the injuries are minor and the liability is obvious, you might be able to manage it on your own. The free injury consultation with our lawyers will assist you in determining whether or not your case requires legal help.
Can I still recover if I was partly at fault?
Even if an individual in North Carolina is found to be at least 1 % at fault in a claim, recovery would not be possible. Because of this, obtaining legal advice much before making contact with an insurance company can assist in guarding against this type of fault argument.
