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Personal Injury and Accident FAQs2023-07-21T14:48:46-04:00

Personal Injury and Accident FAQs

Hear directly from our Civil Litigation Attorneys as they answer all the frequently asked questions regarding personal injuries and accidents as people try getting back on their feet.

Four convenient offices in Winston-Salem, Greensboro, and High Point, NC!

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Personal Injury and Accident

Have You Been in a Car Accident and the At-Fault Driver’s Insurance isn’t Paying your Claim?2023-07-21T14:42:05-04:00

In North Carolina, the legal system follows a contributory negligence rule, which allows the at-fault driver’s insurance company to deny a claim if the injured party is even 1% at fault. This means that even a minor level of negligence on the part of the injured person can result in the denial of their claim. For example, if someone enters an intersection without the right of way, but the injured person was going slightly over the speed limit at the time, they could be deemed 1% at fault and have their claim denied. Similarly, being involved in an accident while trying to get through a yellow light, though not explicitly illegal in North Carolina, could still lead to a 1% fault determination by the insurance company and a denied claim. If you still have questions about your claim contact us to find out your options.

OFFICE HOURS

Monday – Friday 8:00am – 5:30pm
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Sunday Closed

What Is A Bad Faith Claim?2023-09-01T10:24:51-04:00

In North Carolina, insurance companies are required to act reasonably when handling claims. They must promptly investigate claims, pay valid claims, and refrain from fraudulent misrepresentations or bullying tactics. If an insurance company acts in bad faith by delaying payment, wrongfully denying a claim, or lying to the policyholder, the plaintiff may be entitled to treble damages, which means they can receive three times the compensation for their damages. For instance, if a person’s car is totaled in an accident and the insurance company wrongfully denies the claim, forcing the individual to purchase a new vehicle out of pocket, the insurance company could be compelled to pay three times the cost of the replacement vehicle. If you believe your insurance company has acted in bad faith, you can seek assistance in pursuing a bad faith insurance claim. Contact us to find out more about your claim.

OFFICE HOURS

Monday – Friday 8:00am – 5:30pm
Saturday Closed
Sunday Closed

How Much Can You Expect From A Car Accident Settlement?2023-09-01T10:35:21-04:00

A Personal Injury Attorney discusses the kinds of damages car accident victims can expect to receive in North Carolina. These are:

  1. General
  2. Special
  3. Punitive

Special damages include things like medical bills or lost wages. General damages include pain and suffering which insurance companies may not want to pay. While Punitive damages are designed to punish the defendant for some outrageous behavior, like drunk driving. If you’ve been injured in a car accident, be sure you’re getting all the damages you deserve. Call one of our Personal Injury Attorneys today!

OFFICE HOURS

Monday – Friday 8:00am – 5:30pm
Saturday Closed
Sunday Closed

What Are the Top 3 Mistakes Car Accident Victims Make?2023-07-05T15:09:34-04:00

Insurance companies are often viewed as prioritizing their own financial interests rather than the well-being of their policyholders. While they may not be inherently evil, their primary objective is to safeguard their bottom line. There are 3 top mistakes that can be made to decrease the amount of money you receive.

  1. Placing trust in the adjuster assigned to their case. Adjusters are tasked with gathering information and asking questions, but their ultimate goal is to find grounds to deny the claim. Therefore, it is crucial not to naively assume that the adjuster has their best interests at heart.
  2. Accepting a settlement offer that falls short of what the injured party truly deserves. Insurance companies have a clear understanding of the value of claims and often employ claims specialists or adjusters who may attempt to persuade claimants to settle for less. Without the knowledge of their claim’s true worth, individuals may unwittingly accept inadequate compensation.
  3. Failing to negotiate with the insurance company. While the initial offer presented by the insurer may seem reasonable, it may not be their final and highest offer. Without the expertise of someone experienced in negotiating with insurance companies, claimants run the risk of settling for less than they deserve.

To avoid making these mistakes, it is advisable to consult a personal injury attorney before taking any actions that could jeopardize the claim or result in an inadequate settlement.

OFFICE HOURS

Monday – Friday 8:00am – 5:30pm
Saturday Closed
Sunday Closed

Contributory Negligence: How Viable Is Your Personal Injury Claim?2023-09-01T10:35:38-04:00

In North Carolina, an outdated legal system called contributory negligence is still followed. This system allows insurance companies to deny claims even if the policyholder is only slightly at fault. After a car accident, seeking immediate medical treatment is crucial, followed by contacting an attorney to avoid falling into traps set by insurance companies. Under this law, even being 1% at fault can lead to a denied claim. This means that seemingly minor actions, like crossing a crosswalk while looking at a phone, could be used as grounds for denial. To protect your claim, it is vital to seek legal representation promptly. Contact us today to help you protect your personal injury claim.

OFFICE HOURS

Monday – Friday 8:00am – 5:30pm
Saturday Closed
Sunday Closed

Wrongful Death

Wrongful Death Lawsuits in North Carolina2023-07-11T10:46:31-04:00

A trusted civil law attorney discusses wrongful death lawsuits and addresses some common concerns people often have.

  • How long do I have to file a wrongful death lawsuit?

A wrongful death lawsuit must be filed within two years of the date of death.

  • Can you go to jail as the result of a wrongful death lawsuit?

No. A wrongful death lawsuit is a civil matter, not a criminal one. Charges may be taken out as the result of the death, but they won’t result from the civil lawsuit.

  • What does a wrongful death settlement look like?

The beneficiaries are entitled to lost wages, funeral expenses, accumulated medical bills, some punitive damages, and sometimes emotional distress.

  • How do you prove emotional distress in court?

Emotional distress is proven through a combination of testimony by those affected and advocacy by an experienced attorney.

If you’ve lost a loved one through someone else’s negligence and want to file a wrongful death lawsuit, call one of our attorneys today.

OFFICE HOURS

Monday – Friday 8:00am – 5:30pm
Saturday Closed
Sunday Closed

What Qualifies as Wrongful Death in North Carolina?2023-09-01T10:36:57-04:00

An esteemed Civil Attorney discusses wrongful death and survival actions in North Carolina.

  • What are wrongful death and survival actions?

These are civil lawsuits that arise when the death of a loved one is caused by the negligence of someone else.

  • What is the difference between wrongful death and survival action?

In a wrongful death suit, it is the decedent’s next of kin determined by statute that brings the lawsuit forward, usually this is a spouse, parent(s), or child(ren). In a survival action, it is the estate that brings the lawsuit.

Wrongful death and survival actions are complex and they arise at an extremely trying time, when people have just lost a loved one. If this has happened to you or someone you know, we’re here to help. Give us a call.

OFFICE HOURS

Monday – Friday 8:00am – 5:30pm
Saturday Closed
Sunday Closed

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Winston-Salem

Criminal Attorneys
1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907

Winston-Salem

Family Law Attorneys
3400 Healy Drive
Winston-Salem, NC 27103
(336) 962-7221

Greensboro

Criminal, Family, & Immigration Law
328 E. Market Street
Greensboro, NC 27401
(336) 360-5528

High Point

Criminal & Injury Law
820 North Elm Street
High Point, NC 27262
(336) 814-8118

Our service area includes Alamance County, Davidson County, Davie County, Forsyth County, Guilford County, Randolph County, Surry County, Stokes County,  and Yadkin County.

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