Durham Car Accident Lawyer

Have you sustained injuries in a car accident in Durham or the surrounding Triangle area? Do you need assistance getting the pay you are due and deserve? Matthew Burkert, a Durham car crash lawyer, would be able to assist. Our esteemed clients have received a lot in total compensation from us, and we take great pride in the positive things our clients have to say about their experiences with our car accident attorneys and staff. For a FREE, no-obligation consultation from an accomplished car accident lawyer at Constantinou & Burkert Accident Injury Lawyers, call (919) 683-1302 right now if you were hurt in a car accident and another person was at fault. We can communicate via text, phone, email, or video conference. We could send someone to speak with you if it would be more convenient. We also provide in-person consultations in our nearby Durham, NC, office through appointment only.

Types Of Auto Accident That We Handle In Durham

Matthew Burkert has assisted countless North Carolinians in pursuing justice and compensation in car accident cases. Since then, we have dealt with numerous cases involving various car accidents in the surrounding area, including:

• Head-on accidents
• Rear-end collisions
• T-bone accidents
• Uber and Lyft accidents
• Distracted driving accidents
• Construction zone accidents
• Drunk driving accidents
• Pedestrian accidents

In addition to these car accident cases, we also handle cases involving trucks, tractor-trailers, motorcycles, bicycles, mopeds, school buses, delivery trucks, scooters, and more. Our Durham personal injury lawyers can assist with claims when workers are involved in motor vehicle accidents when on the job. In the worst-case scenarios, we also have disability lawyers on staff who can help with your car accident and Social Security disability claims.

We also defend remaining family members in the most tragic wrongful death cases and claims we handle in the city.

Common Injuries From Car Accidents

Car accidents can happen to anyone, often resulting in various injuries. These injuries can range from mild to severe, and it’s essential to be aware of the common types so you can take the necessary precautions and seek the right medical care if you or someone you know is involved in a car accident.

• Broken bones
• Spinal cord injuries
• Brain Injuries
• Cuts, scrapes, and contusions
• Soft tissue damage
• Neck and Head Injuries
• Traumatic brain injury (TBI)
• Burns
• Emotional trauma like PTSD
• Loss of limbs (amputations)
• Shoulder injuries
• Wrongful Death

Not all injuries are immediately evident. It’s crucial to seek medical attention even if you feel fine after an accident, as some symptoms may take time to surface. Also, consulting with car accident lawyers is advisable, especially if the accident was not your fault, as you may be entitled to compensation for medical bills and other damages.

What Is the North Carolina Car Accident Statute of Limitations?

Regarding the amount of time a person has from the date they suffered injuries to file a claim, each state has its laws. There is a three-year statute of limitations for car accidents in North Carolina. It implies that you risk having your claim for injuries denied if you don’t submit a claim within this window.

Is North Carolina a No-Fault State?

Since North Carolina is an at-fault state, each driver engaged in an accident must compensate the other driver for any damage they cause. Nonetheless, North Carolina employs a contributory negligence system, which sets it apart from most other states. A driver cannot be awarded damages under the law of contributory negligence if it is shown that the driver was legally responsible for any portion of the accident. For example, when a drunk driver is judged 99 percent at blame in an accident, and another driver turns out to be 10 percent at fault, the driver who was only 1 percent at fault isn’t entitled to any damage. For victims of personal injury accidents, North Carolina’s contributory negligence law can be severe and relentless. Our Durham car accident attorney is aware that each case is different.

Available Damages In A Car Accident Case Under Injury Law

You can be entitled to significant compensation for your losses and other damages under personal injury law if you suffer an injury in a car crash.

In a claim or lawsuit involving a car accident, possible damages include:

Medical Expenses: After a car accident, you can typically get a settlement for your medical expenses through personal injury claims. These costs could cover visits to the emergency department, diagnostic tests, prescription drugs, operations, doctor visits, medical equipment, home care, and more.

Lost Wages: You might be entitled to compensation to cover up for lost wages if your accident keeps you from working.

Future Income Loss: If your injury keeps you from returning to your prior line of work, you can also be eligible for compensation to cover up for lost earning potential in the future.

Pain and Suffering: There may also be compensation for some non-economic losses. These include loss of consortium (the loss of companionship or even sexual relations with a partner), emotional distress, and lasting scarring or disfigurement.

Punitive Damages: Punitive damages are a typical punishment that a jury may impose on a defendant for negligence that needlessly places the victim at risk of injury. But only in particular situations may punitive damages be granted; an accident attorney can advise you.

Our Durham Car Accident Lawyer Outlines Careless Driving Under Legal Terms

The majority of car accidents are caused by negligence. They often emerge as driver errors but can occur when different traffic restrictions or lousy weather are disregarded. Every car collision is distinct, with specific information and circumstances. Nevertheless, the same basic reasons lead to the majority of car accidents:

Impaired driving: It includes driving when drunk or under the influence of drugs and when tired or distracted. Reflexes and reaction times are often slower in impaired drivers. Their judgment is frequently impaired by impairments, which prevent them from making wise decisions.

Aggressive or reckless driving: Accidents can happen fast due to speeding, reckless lane changes, tailgating, disregarding traffic signals, and stop lights. The person at fault may still be held accountable for the damages even if they weren’t charged for reckless driving or being aggressive because their actions still qualify as negligence.

Mechanical failures: A vehicle’s technical breakdown, such as a braking or steering issue, contributes to accidents. A minor failure, like a tire blowout, may lead to a major car accident. Some of these issues can be caused by poor repair work, or the car itself or one of its components might be faulty.

Road maintenance, design, or construction issues. Inevitable accidents occur due to construction zone risks or issues with the road surface brought on by inadequate or bad maintenance. In other cases, it can stem from the road’s actual design, which includes abrupt areas or inadequate drainage that causes water to build up unexpectedly.

Road rage: Unexpectedly, North Carolina is among the states with the highest number of incidences of road rage. It includes instances where a driver purposefully causes an accident by crashing their car into another vehicle.

It may not be as simple as you think to determine what caused the car accident. An accomplished Durham auto accident attorney may look into your case and determine what variables most likely contributed to your accident.

To ensure that you receive the necessary compensation, our car accident lawyer at Constantinou & Burkert Accident Injury Lawyers can assist you in navigating the complexities related to these legal matters.

Don’t Let that Other Driver Tell You That the Accidents Didn’t Cause Your Injuries

It is a typical defense for chronic health issues. It is uncommon for the at-fault driver to contend that your prior injuries should prevent you from receiving compensation. Instead, it is typically brought up by an insurance company to minimize the settlement for your claim. For example, they can argue that since the accident only worsened an already-existing injury, you should only be eligible for some potential compensation for your claim.

It is crucial to consult with an expert car crash attorney before providing a statement for the insurance company, permitting the provider to access your medical records, or agreeing to a settlement. Our Durham car accident lawyers can assist you in constructing the best possible case and handling any challenges the insurance company will face.

Seek Medical Care and Recognize Delayed Symptoms

A lot of physical traumas take time to show symptoms. Paying attention to your body is still crucial, regardless of how well you feel after an accident. For car accident victims, you should get a complete medical examination as quickly as possible if you start exhibiting any of these symptoms:

• Persistent headaches
• Blurred vision
• Clouded thinking
• Abdominal swelling or pain
• Loss of sensation in the extremities, numbness, or tingling
• Loss of motion
• Back pain

These symptoms usually point to organ damage, brain injury, or soft tissue injury. If treatment is not received, it may worsen or cause permanent disabilities. Furthermore, if the medical records clearly show that the car accident caused your injuries, you may still be able to file a claim. Before providing your records to the insurance company, a Durham auto accident attorney can check that they clearly state the reason for your injury.

Documenting A Claim Through A Durham Personal Injury Lawyer

“Contributory negligence” is one of the most prevalent defenses against drivers. The other motorist argues that although you were negligent, you also caused the accident. This defense may also apply if you were hurt by another driver while riding a bike, walking, or in any other type of motor vehicle.

Because North Carolina is one of the few states that still adheres to the “pure” contributory negligence rule, the defense presents special challenges there. If your carelessness played a part in the accident that resulted in your injuries, you might not be eligible for compensation in North Carolina. For example, even if the other car ran a red light while you were texting, you might not be eligible for compensation. Naturally, that is, unless the other device is proven to have been egregiously, deliberately, or wilfully negligent.

One of the most challenging tasks for non-lawyers is gathering the documentation you need to back up your claims. It’s critical to realize that, despite what might appear apparent, you must prove every claim in your case. A personal injury attorney in Durham can assist you in obtaining the following:

• Necessary medical bills
• Your medical records, which detail the cause of your injury, its prognosis, and the suggested plan of treatment
• Copies of all accident reports
• Recorded or written statements from witnesses
• Photos of the accident scene, your car’s damage, and your injuries

Gathering and organizing the documentation might be stressful when attempting to zero in on improving. A personal injury attorney may take charge of this task to ensure you’ve got the information you require when it’s time to file your injury claim.

Your Claim’s Potential Value Can Be Ascertained with the Help of a Durham Car Accident Attorney

The speed at which the insurance company intends to resolve your claim can surprise you. Regretfully, many people take a settlement offer despite knowing entirely the depth of the injuries or the total expense of the accident. You might not be able to work as well as pay your bills if you’ve suffered major injuries. Not every one of these losses will be compensated, even if there is health insurance. You might be eligible to include any of the following losses in your claim, depending upon the circumstances of your case:

• Unpaid medical costs, such as deductibles and co-pays
• Pain and suffering
• Lost wages

After reviewing your case, a skilled Durham auto accident attorney can show you how much your claim might be worth.

FAQs

Here are some frequently asked questions:.

Q: When should I contact a Durham accident attorney?

It’s advisable to contact a car accident lawyer in Durham as soon as possible after the accident to ensure your rights are protected and evidence is preserved.

Q: Can I still file a car accident claim in Durham if I was partially at fault?

North Carolina follows a legal contributory negligence system, meaning you may be barred from recovering damages if you’re found even slightly at fault. Consult our auto accident lawyers at our law firm for a case review.

Q: How can a car accident lawyer help me with my case?

An attorney can help gather legal evidence, negotiate with insurance companies, provide representation in court, and ensure you receive fair compensation for your car accident injuries and losses.

Q: Can a Durham auto accident attorney help me verify the other driver’s insurance coverage?

After a vehicle crash, you should provide the other driver with your insurance information immediately, as it’s a legal requirement. Many people keep their insurance card within their glove box or wallet; the simplest thing you can do is take a picture of the card using your phone. Ensure the insurance company’s name, policy number, and policyholder are easily readable in the picture. Additionally, you should see that the police are notified of the incident, conduct a thorough investigation, and write a report.

The policyholder’s identity should be obtained if the driver lacks an insurance card, as they might not be the exact person who bought the insurance. You can at least find the insurance company’s name, even if they are unlikely to know the policy number. Eventually, you or the insurance company can utilize the data you have gathered to contact the other driver’s insurance provider to confirm coverage and determine what kind of coverage is offered. You might get help from a Durham car accident lawyer during this process.

Q: Should I seek compensation for my damages by hiring a Durham car accident lawyer?

It might be your only option to get your losses back if you file a personal injury claim. If you have health insurance, it will pay for your medical expenses; nevertheless, deductibles and copays can mount up. Health insurance also does not cover pain, suffering, or lost wages. Before making a choice, you should consult with a car accident lawyer; they can assist you in understanding your options.

Q: Can I resolve my claim without having insurance?

Some choose to resolve their legal issues with their insurance firm out of court. It is not advised in critical circumstances, even though it may seem less complicated, and you can settle your claim quickly.

There are risks associated with handling a claim without insurance. It is improbable if the other party possesses the financial means to pay for your medical expenses and any further damages resulting from the collision if you were hurt. If your insurance company believes you didn’t report the incident as soon as possible—which is what most insurers want if you are in an accident—they may also refuse to cover you.

Q: Will I have to go to court in Durham for my car accident case?

Most vehicle accident cases are settled out of court through negotiations, but your case may go to court if a fair settlement cannot be reached.

What You Can Do to Keep Your Car Accident Claim Safe

The days right after your accident are crucial to your claim’s success. Even if everything seems out of control, there’s a few things you could do to take charge:

• Recognize the insurance coverage that you have access to. It can be helpful to know what insurance you’re covered by and what losses you can and cannot pay for to better comprehend your options.
• Recognize the value of your claim. The value of your claim exceeds the cost of your medical care. Your claims cover other financial losses, like missed wages and vehicle damage. In addition, you are entitled to compensation for non-economic losses, like pain and suffering. At our law firm, our auto accident attorney in Durham can give you an idea of the potential value of your injury claim.
• Follow your doctor’s advice. Many people undermine their claims by not adhering to the treatment plan as recommended. They stop going to physical therapy sessions or follow-up appointments; they refuse to stay on bed rest; or they resume work too soon.
• Give no recorded statements at all. You might be asked to provide a recorded statement explaining what transpired or the severity of your injuries by the opposing party or the insurance company. Almost always, this is an attempt to disprove whatever claim you might have. It is always advisable to consult a Durham personal injury lawyer before giving a recorded statement.

Consult an Auto Accident Attorney in Durham Immediately Following Your Accident

The statute of limitations for car accident cases varies in North Carolina. It means you will forfeit all rights if you fail to file a case immediately. Establishing your case will be more challenging if you wait before pursuing a claim, even if you intend to avoid filing a lawsuit. Furthermore, after the statute of limitations expires, insurance companies are not legally required to pay your claim. As a result, even if you have yet to make up your mind, you should consult with a Durham personal injury attorney.

Time isn’t on your side if you or a loved one are hurt in a car accident. Our Durham law office is committed to helping injured motorists and residents in North Carolina. Call us at (919) 683-1302 or email us to arrange a free consultation and let us help you reclaim your life.