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Each motor vehicle accident is unique. The types of automobiles involved, the speeds and directions that the cars were moving before the crash, the location of an accident victim within the vehicle, the victim’s overall health and prior medical history, and a myriad of other factors may determine the particular injuries suffered by a car accident victim. Still, some injuries are more common than others. These include fractures, contusions, soft tissue injuries, whiplash, lacerations, chest injuries, disc herniations, and closed head injuries, including traumatic brain injury (TBI) and concussions. If you or a loved one needs to talk to an experienced Raleigh car accident attorney about seeking compensation from the driver who caused the wreck, Maurer Law can help.
People who are involved in car crashes often are uncertain about the legal process needed to obtain payment from the defendant (or the defendant’s liability insurance company) for medical bills, lost earnings, and pain and suffering, among other damages. Although some cases settle early in the litigation process, the prudent course of action is to file a personal injury claim in court as soon as possible after the accident. This shows the insurance company that you are serious about obtaining fair compensation, and it makes sure that your case does not get dismissed for failing to comply with the North Carolina statute of limitations.
Car accident cases are usually filed under a theory of negligence, which requires proof of four distinct elements: duty, breach of duty, causation, and damages. Essentially, the term “damages” means physical, emotional, or financial harm. In awarding compensation to a plaintiff who is able to prove all four of the elements of a negligence claim by a preponderance of the evidence, several factors may be considered.
For example, the plaintiff will need to submit proof of their medical expenses. These include any bills from health care providers, such as ambulance charges, emergency room fees, hospital bills, physical therapy charges, extended nursing care, rehabilitation expenses, and pharmacy costs. Testimony from an expert medical witness, such as the plaintiff’s primary treating physician, may be necessary in order to prove that the expenses were reasonable and medically necessary as a result of the accident. The doctor may also give an opinion as to whether the plaintiff’s ability to work was affected, how their prognosis appears in the future, and whether the plaintiff’s injuries resulted in significant pain and suffering.
Being involved in a car accident that was not your fault is challenging enough. Your family should not need to suffer financial hardships caused by staggering medical bills and a breadwinner who is unable to work. To get back on your feet, at least financially, it may help to talk to a knowledgeable motor vehicle collision attorney who can help you get started on pursuing fair compensation from the party who caused the crash. The Raleigh car accident lawyers at Maurer Law are standing by to help. For your free case evaluation, call us at 888-258-1087 or contact us online. We look forward to explaining how our experienced litigators can help you pursue an appropriate settlement or judgment. Maurer Law represents victims in Raleigh, Durham, Hickory, Chapel Hill, Fayetteville, and other areas of North Carolina.