Car accidents often happen unexpectedly and may lead to serious injuries and substantial expenses for the victim. Fortunately, there are certain steps that you can take after a collision to protect your legal rights by seeking the settlement or the judgment that you deserve. At Olsinski Law Firm, our experienced personal injury attorneys have handled a wide variety of motor vehicle collision cases for people throughout North Carolina. Our Concord and Charlotte car accident attorneys know what a victim and their family are experiencing during this time, and we can provide compassionate and vigorous legal representation.Hold a Careless Driver Responsible for a Car Accident
When it comes to recovering compensation from a careless driver, North Carolina law requires a victim to show that the driver operated their vehicle in a negligent manner and that this conduct was the cause of the victim’s injuries and losses. Negligence is a legal concept that describes the appropriate level of care that each of us must exhibit while going about our daily business, including driving. In general, each driver must employ the same care that a reasonable driver would use when faced with a similar situation, including distinctive circumstances such as bad weather or road construction. Common examples of careless conduct while behind the wheel include engaging in distracted driving activities like texting or surfing the internet on a cell phone, as well as violating traffic laws regarding the right of way and the speed limit.
After showing that the defendant failed to use due care when driving, the plaintiff must prove that this failure was the direct cause of the injuries that they sustained. In other words, the plaintiff must show that they would not have been injured but for the defendant’s negligent driving. Meanwhile, the defendant may offer evidence showing that some other factor contributed to the plaintiff’s injuries, possibly including evidence suggesting that the plaintiff also acted negligently at the time of the crash. Under North Carolina law, if the defendant can show that the plaintiff was even one percent at fault for the accident, the plaintiff will be completely precluded from recovering compensation. The application of this harsh contributory negligence rule makes it especially important to consult a knowledgeable car accident lawyer in Charlotte or Concord who can protect your rights as a victim.Types of Damages in a Negligence Claim
The last step of a negligence claim involves providing evidence to support the types of damages that you are claiming in the action. There are many different types of injuries that may result from a car accident. Some injuries may be relatively minor and heal quickly, like bruising or cuts. Other injuries may be devastating for the victim and even have a permanent impact on their life. Common examples of serious injuries that are often sustained in car accidents include broken bones, spinal cord injuries, burns, and brain trauma.
A negligent driver must compensate the victim for any injuries and expenses associated with the accident, including medical bills, surgeries, medications, and long-term medical care, as well as lost wages and loss of future earning capacity. A victim also may be able to receive compensation for subjective forms of harm like pain and suffering. If the collision resulted in a fatality, North Carolina law allows the victim’s surviving heirs to bring a wrongful death claim to seek compensation for the loss of their loved one as well as compensation to cover burial and funeral costs.Consult a Knowledgeable Car Accident Attorney in Charlotte or Concord
If you have been involved in a car crash, you may be entitled to compensation from the driver who caused your injuries. Understanding the legal process and developing a strategy to pursue a settlement or a judgment in your favor may be complicated, especially if you are also dealing with painful injuries and other disruptions stemming from the collision. The Concord and Charlotte car accident lawyers at Olsinski Law Firm have assisted people throughout Cabarrus and Mecklenburg Counties, including in Huntersville, Matthews, Pineville, Kannapolis, Harrisburg, Midland, Mint Hill, Cornelius, Davidson, and Mount Pleasant. To schedule a free consultation* with a personal injury lawyer or a wrongful death attorney, contact us online or call us in Charlotte at 704-405-2580 or in Concord at 704-918-4747.