Car accidents are an all-too-common reality, often leading to injuries that range from minor to life-altering. In North Carolina, as in many states, the process of recovering damages for your injuries typically begins with filing a claim with the at-fault party’s insurance company. However, there are circumstances where negotiating with the insurance company may not lead to a fair settlement. In these situations, pursuing legal action may be your strongest option to secure the compensation you rightfully deserve. This article will guide you through when and why you might consider filing a lawsuit after a car accident in North Carolina.
1. When the Insurance Settlement Offer is Insufficient
One of the most common reasons for considering a lawsuit after a car accident is when the insurance company offers a settlement that is significantly lower than what you believe is fair. Insurance companies often aim to minimize payouts to protect their bottom line, which may result in settlement offers that do not fully cover your medical expenses, lost wages, and other damages. If you find yourself in this situation, it may be time to consult with a personal injury attorney to explore your legal options.
2. Severe or Permanent Injuries
If you have sustained severe or permanent injuries in a car accident, the stakes are much higher. In cases involving long-term disability, chronic pain, or permanent disfigurement, the financial implications can be enormous. Medical bills, ongoing care, and the loss of future earning capacity must all be taken into account. When an insurance settlement does not adequately address these long-term needs, filing a lawsuit may be necessary to ensure you are fully compensated for your injuries.
3. Disputed Liability
In some car accident cases, the at-fault party’s insurance company may dispute who was responsible for the accident. North Carolina follows a contributory negligence rule, which means that if you are found to be even 1% at fault for the accident, you may be barred from recovering any compensation. If liability is being disputed and the insurance company is refusing to offer a fair settlement, a lawsuit may be necessary to prove the other party’s fault and secure the compensation you deserve.
4. Complex Legal or Factual Issues
Some car accident cases involve complex legal or factual issues that can complicate the claims process. For example, accidents involving multiple vehicles, commercial vehicles, or government entities may present unique challenges that require expert testimony and legal analysis. In these cases, the complexities involved may necessitate filing a lawsuit to ensure all aspects of your claim are properly addressed and that you receive full compensation for your injuries.
5. Uncooperative Insurance Company
Insurance companies have a duty to act in good faith when handling claims, but unfortunately, this is not always the case. Some insurers may engage in bad faith practices, such as unnecessarily delaying the claims process, denying valid claims without a reasonable basis, or failing to properly investigate the accident. If you encounter such behavior from an insurance company, filing a lawsuit may be the only way to compel the insurer to act in good faith and provide you with the compensation you are entitled to.
6. Act Before Time Runs Out: Understanding North Carolina's Statute of Limitations
In North Carolina, the statute of limitations for filing a personal injury lawsuit after a car accident is generally three years from the date of the accident. This means you have a limited window of time to file a lawsuit if you are unable to reach a satisfactory settlement with the insurance company. If negotiations are dragging on and the statute of limitations is approaching, it may be necessary to file a lawsuit to preserve your right to seek compensation.
7. Unresolved Non-Economic Damages
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are often harder to quantify than economic damages like medical bills and lost wages. Insurance companies may be reluctant to offer fair compensation for these types of damages, especially if they are subjective in nature. If you feel that your non-economic damages are not being fairly considered in the settlement offer, filing a lawsuit can help ensure that these losses are fully addressed.
8. When Negotiation Fails
In many cases, car accident claims are resolved through negotiation with the insurance company. However, if negotiations break down or if the insurance company is unwilling to offer a fair settlement, filing a lawsuit may be the next logical step. Litigation can be a powerful tool to bring the other party to the negotiating table with a more reasonable offer, or to take the case to trial if necessary.
9. The Potential for Punitive Damages
In rare cases, the at-fault party’s conduct may have been so egregious that punitive damages are warranted. Punitive damages are designed to punish the wrongdoer and deter similar behavior in the future. In North Carolina, punitive damages may be awarded in cases involving gross negligence, willful or wanton conduct, or intentional wrongdoing. If your case involves such conduct, filing a lawsuit may be the only way to seek punitive damages.
10. Why Consulting with a Skilled North Carolina Personal Injury Attorney is Crucial
Before deciding whether to file a lawsuit, it is important to consult with an experienced personal injury attorney. An attorney can evaluate the specifics of your case, explain your legal options, and help you determine the best course of action. At Schehr Law PLLC, we are committed to helping car accident victims in North Carolina navigate the complexities of personal injury claims and secure the compensation they deserve. If you have been injured in a car accident and are considering filing a lawsuit, contact us today for a free consultation.
Secure Your Rightful Compensation After a Car Accident
Filing a lawsuit after a car accident in North Carolina is a significant decision that should not be taken lightly. However, in cases where the insurance settlement offer is insufficient, where liability is disputed, or where the injuries are severe, litigation may be the best way to protect your rights and secure the compensation you need. By understanding the factors that may necessitate a lawsuit and seeking the guidance of an experienced attorney, you can make informed decisions about how to proceed with your personal injury claim.
Contact Schehr Law PLLC Today for a Free Consultation
If you've been injured in a car accident in North Carolina and are struggling to get the compensation you deserve, don't navigate this challenging time alone. At Schehr Law PLLC, we are here to fight for your rights and ensure you receive the full compensation you are entitled to. Contact us today for a free consultation and let our experienced team guide you through the legal process with care and expertise. Your recovery is our priority—reach out to us now to take the first step towards justice. Let us shoulder the legal burden so you can focus on your recovery.