North Carolina Car Accident Legal Questions

North Carolina has a 2-year statute of limitations for wrongful death, meaning that if your brother died on July 14, 2011, his next of kin has until July 14, 2013, to file the lawsuit.  If he was killed and the other driver was at fault, you should discuss this with a personal injury attorney with experience in handling wrongful death claims.  Most firms, including my firm, offer free initial consultations.  I would be happy to discuss this issue with you further.  Either way, good luck going forward.  -Jay Mills... Read Answer

John Bisnar There are way to many factors to consider to give you an accurate answer.  There are hundreds of things to take into account when valuing a claim. If you are not comfortable with your attorney's advice, get a second opinion from the best car accident attorney in your area that actually goes to court and tries auto accident cases.  You can get a free evaluation from most of the very best law firms. John Bisnar Bisnar|Chase, Auto Accident Attorneys Trusted Professionals.  Proven Results. www.California-Lawyer-Attorney.com 800-956-0123... Read Answer

You have 2 years in Arizona to make a claim for pain and suffering, so it is not too late.  You would be suing the driver and owner of the vehicle (if they are different).  In most instances, it would be the insurance company paying for your compensation.  My best suggestion is to contact an experienced personal injury law firm immediately. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read Answer

An at fault insurance company will typically be responsible for all damages incurred as a result of a car accident.  When negotiating a claim like this, an attorney would typically find out if there were any bills paid by Medicaid and/or Medicare and negotiate those medical bills into any settlement.  This is done because Medicaid must be paid back from any at fault settlement proceeds.  As to attorney fees, those are typically not paid by the insurance company. Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 ... Read Answer

If you were in fact going the wrong way, he will not be liable under NC law for your claim.  That is because NC still employs the doctrine of "contributory negligence," which means that if you contribute negligently to your own damages or injury (even if the other party is more at fault that you), you cannot pursue a claim against the other party.  North Carolina is one of only 4 states that still has contributory negligence on the books.  It is a very harsh law, but there is little you can do in this instance to get around it.  I am sorry about your accident, and wish you the best of luck going forward.  -Jay Mills... Read Answer

Emotional distress is a difficult claim in North Carolina.  If you didn't suffer any physical injuries in the accident, you are going to have a difficult time recovering any damages.  You will likely need to receive actual medical care for your mental anguish - i.e., seeing a psychiatrist or psychologist, etc.  Without some expert medical guidance on just how the accident has impacted you, it is doubtful that you will be able to recover anything.  If, however, you have such testimony and treatment, then the extent of your problems, your medical bills, and other factors will be taken into consideration in determining the value of your claim.  ... Read Answer

If your son is responsible, he is responsible for the amount of property damage he did.  If that is the entire car, he is responsible for a fair market value of the car.  He could also be responsible for reasonable associated expenses such as rental car fees while the damaged car is being repaired.... Read Answer

Your suspended license doesn't have anything to do with how the accident occurred.  If the driver of the truck caused the accident and was negligent in doing so, he (through his insurance company) would be responsible for your property damage and personal injury claims.  If you are injured, you should speak with a personal injury attorney fairly soon to discuss.  Good luck going forward.... Read Answer

I'm sorry to hear about your situation.  There's never a convenient time to have your car damaged no matter what the circumstances.  If you carry collision insurance on your personal auto policy then your own insurance company should be willing to consider paying to fix the car.  Then your insurance company can bother with trying to get reimbursed from the responsible party.  Since it appears you were not at fault, you shouldn't have to worry about your insurance rates going up because of this.  This post is not intended to be legal advice, nor should it be construed as such.  This post does not create an attorney client relationship.  You should seek advice from an attorney in your community for further assistance if needed. Good luck! Lucas T. Baker Concord, NC... Read Answer

Typically, if the insurance claims adjuster is going to make an offer, he/she will do so within one month of receiving a packet of your medical bills and other information relating to your claim.  However, it is always possible that you will need to file a lawsuit in order to receive fair value for your claim.  At a minimum, the claims adjuster should believe that the attorney you hired is willing to file a lawsuit on your behalf, and see the matter through, all the way to trial if necessary.    As for payment of your medical bills - you may want your attorney to handle and attempt to negotiate down the amount of the bills on your behalf.  This is often possible, and our office typically does this on behalf of our clients who have been injured and have outstanding liens and medical bills due.  Hopefully your attorney will be willing to assist you in this regard as well.   Good luck going forward. -Jay Mills... Read Answer

While your medical bills are pertinent to the evaluation of a claim, they are not the only consideration.  It is impossible to predict a "common settlement" range based only on the amount of medical bills.  Other factors would include the nature and permanency of the injuries, the actions that led to the injuries, and whether the injured party also had other damages (such as lost wages, property damage, etc.).  So, more information is needed before your question can be answered.... Read Answer

It is likely too late now that your mother has entered into an agreement to settle the case.  However, if you could prove that your mother was not competent to understand the nature of the agreement she was reaching, you could perhaps have the agreement set aside.  In that case, someone would need to be appointed to pursue your mother's claim on her behalf.  You may wish to contact an attorney to discuss.  ... Read Answer