Should I Hire a Lawyer After a Car Accident in Charlotte That Wasn’t My Fault?
Did you suffer damages in a car accident in Charlotte, North Carolina, that wasn’t your fault? If so, then yes, you should hire a lawyer unless you are certain that your damages were especially minor. North Carolina car accident claims can be difficult to win even if the accident was mostly the other driver’s fault—which is why you will need a lawyer to win.
Negligence Claims
Most people who file car accident claims use negligence (carelessness) as their basis of liability. To win a negligence claim, you must prove the below-described four elements.
Duty of Care
The at-fault driver owed you a duty of care: In a car accident, duty of care is typically easy to prove, since every driver owes every other driver a duty of reasonable care.
Breach of Duty
The at-fault driver breached their duty of care if they violated a traffic regulation. They can also breach it by acting carelessly in a way that doesn’t specifically violate traffic laws (driving the speed limit in a snowstorm, for example). Duty of care plus breach of duty equals negligence.
Causation
You must prove that the at-fault driver directly caused the accident and that the accident was a foreseeable consequence of the at-fault driver’s negligence.
Damages
You must prove that the accident harmed you in some way. Typically this means property damage (a totaled car, for example) or physical injury. In some cases, however, it can mean psychological trauma such as PTSD.
Once you have established your personal injury claim, you can also seek damages for intangible harms such as pain and suffering and emotional distress.
North Carolina’s Draconian Contributory Negligence System and Its Implications
North Carolina’s contributory negligence system will disqualify you from receiving a dime in compensation if you were even one percent at fault for the accident. You might decide not to pursue your claim if it is obvious that you can’t win.
However, talk to your lawyer, because they are unlikely to advise you to pursue a claim that you can’t win. Car accident attorneys work on contingency, so they only get paid if they successfully handle your case.
Circumstances That Might Justify Pursuing a Claim With Legal Help
You might consider pursuing a Charlotte car accident claim with help from an attorney under the following circumstances. However, it is almost always in your best interest to set up a free consultation with an attorney after any type of crash.
You Suffered Long-Term Injuries or Diminished Earning Capacity
Are your injuries permanent? Will they cause you to retire early? Although you might need expert testimony to establish such a claim, it could be worth a lot of money.
The Insurance Company Is Treating You Unfairly or Dishonestly
If the insurance company is treating you unfairly, hire a lawyer immediately. Sending a demand letter that threatens legal action by a certain deadline often helps.
Someone Passed Away in the Accident
A wrongful death claim is likely to be worth a lot of money if you can win it. A large amount of money at stake means a defendant who is ready to fight hard to win. That alone justifies hiring a lawyer if you have any hope of victory.
The Government Is a Defendant
If you are suing the City of Charlotte, the State of North Carolina, or the United States, you face sovereign immunity restrictions that don’t apply to lawsuits against private parties. You’ll need a lawyer to help you find your way through the regulatory barriers.
The Other Driver Acted Intentionally or With Gross Negligence
In North Carolina, contributory negligence is the greatest obstacle to recovery. Fortunately, North Carolina courts assert that contributory negligence does not necessarily bar recovery when the defendant’s conduct amounts to gross negligence or intentional wrongdoing-–an intentional road rage accident, for example.
You might seek punitive damages under these circumstances. Punitive damages are hard to prove, but they can add up to a large sum if you manage to win your claim.
Contact The North Carolina Car Accident Lawyers At Elrod Pope Accident & Injury Attorneys For Help Today
A North Carolina car accident lawyer can analyze your claim, estimate its value, and forecast your chances of victory. You don’t need any money upfront, because under the contingency fee system that personal injury lawyers use, you only pay if you win compensation.
For more information, please contact our car accident lawyers in South Carolina and North Carolina at Elrod Pope Accident & Injury Attorneys to schedule a free consultation today.
We proudly serve York County, Lancaster County, and its surrounding areas in South Carolina:
Elrod Pope Accident & Injury Attorneys Rock Hill
212 E Black St, Rock Hill, SC 29730
(803) 324-7574
Open 24hrs
Elrod Pope Accident & Injury Attorneys Lancaster
204 A S Main St, Lancaster, SC 29720
(803) 902-7065
Open 24hrs
Elrod Pope Accident & Injury Attorneys Fort Mill
1201 Carolina Pl Suite 102D, Fort Mill, SC 29708
(803) 902-4045
Open 24hrs
Elrod Pope Accident & Injury Attorneys Lake Wylie
264 Latitude Ln #102A, Lake Wylie, SC 29710
(803) 902-3608
Open 24hrs
We also proudly serve Mecklenburg County and its surrounding areas in North Carolina:
Elrod Pope Accident & Injury Attorneys Charlotte
1100 S Mint St #109, Charlotte, NC 28203
(980) 340-8620
Open 24hrs
