What is the Average Car Accident Settlement in North Carolina?
The average car accident settlement in North Carolina varies significantly based on the severity of injuries sustained. It’s important to note that individual settlements are based on factors such as medical expenses, lost wages, pain and suffering, and the specifics of the accident. Consulting with an experienced personal injury attorney can provide a more accurate assessment tailored to your unique circumstances.
To get compensation that covers your injuries and losses, you’ll need the representation of a highly qualified auto accident attorney. Joel Rhine and his team at Rhine Law Firm, P.C. have more than 30 years of experience standing up to insurance companies. We’ve won millions of dollars for clients from our Auto Accident Law Firm office. We have the resources to fight for fair compensation – and we won’t be intimidated. Schedule a free consultation today.
Factors Affecting North Carolina Car Accident Settlements
As noted, the circumstances of each case determine the amount of a North Carolina car accident settlement, including the following:
- Injury severity: The more severe and long-lasting the injury, the higher the likely settlement amount.
- Length of recovery time: The longer it takes the victim to recover from their injuries, the longer it takes them to return to work. Lost income is another factor affecting North Carolina car accident settlements.
- Insurance coverage: The amount of the at-fault driver’s insurance coverage plays a significant role in determining the plaintiff’s compensation in a car accident claim. If the at-fault driver has sufficient liability insurance to cover the plaintiff’s damages, the compensation will typically come from their insurance policy, up to policy limits. If the at-fault driver has insufficient coverage, we can pursue the driver’s assets. But the reality is that most people don’t have enough assets to pursue. In that case, we pursue the underinsured motorist coverage on our clients’ own insurance, or the insurance of their live-in family members.
- Proving fault: You or your attorney must prove that the other driver was at fault for the accident.
North Carolina Is a Pure Contributory Negligence Jurisdiction
The pure contributory negligence standard in North Carolina is a legal doctrine that can bar a plaintiff from recovering any compensation if they are found to be even one percent at fault for the accident or injury. Under this rule, if the plaintiff’s actions contributed in any way to causing the accident—no matter how minor—their claim for damages may be completely denied.
This standard applies to personal injury and car accident cases in North Carolina and is one of the harshest negligence rules in the United States. Contributory negligence makes it crucial for plaintiffs and their attorneys to present strong evidence demonstrating that the at-fault party was entirely responsible for the incident.
Exceptions to this standard:
- Gross negligence: If the defendant acted with complete disregard for the safety of others on the road, the plaintiff could be eligible for damages even if he or she was contributorily negligent. An example of gross negligence is a person driving while intoxicated and hitting another motor vehicle.
- Last clear chance doctrine: This doctrine permits a plaintiff with some degree of contributory negligence to still collect damages if they can prove that the defendant had a “clear opportunity” to avoid the accident. For example, in a car accident case, if the plaintiff negligently entered an intersection but the defendant had the last clear chance to stop their vehicle and avoid a collision but did not, the defendant may be held liable for the resulting damages. However, the plaintiff must satisfy rigorous criteria to benefit from the last clear chance doctrine.
- Age and mental incapacity: In some cases, a young person or someone with a cognitive disability may recover damages even if they are somewhat responsible for the accident.
North Carolina Car Accident Compensation
Compensation, or damages, in a North Carolina car accident settlement may include:
- Medical expenses, current and future
- Lost wages
- Loss of future income
- Property damage
- Pain and suffering
- Disability or disfigurement
- Loss of enjoyment of quality of life
- Emotional distress
Understanding the types of damages available in a North Carolina car accident claim is crucial for securing fair compensation. Whether recovering economic damages like medical bills and lost wages or non-economic damages for pain and suffering, ensuring you receive what you’re entitled to often requires skilled legal representation. A car accident attorney can help you navigate the claims process, prove liability, and maximize your compensation for a full recovery.
Contact a Wilmington Car Accident Attorney
If you were seriously injured in a North Carolina car accident, you need the services of an experienced personal injury lawyer at Rhine Law Firm. Schedule a free, no-obligation consultation today. In North Carolina, the statute of limitations for filing a personal injury lawsuit is three years from the accident date. However, it is wise to consult a personal injury attorney as soon as possible because valuable evidence may vanish. We work on a contingency basis, so you pay no legal fees unless you receive compensation.
About Us
Rhine Law Firm, P.C. serves clients throughout North Carolina and nationwide, specializing in complex civil litigation led by Joel Rhine. With expertise in personal injury, car accidents, property damage, sex abuse, and more, the firm is passionate about taking on challenging cases. They emphasize providing personalized legal representation, prioritizing their clients’ best interests while offering state-of-the-art legal strategies. Rhine Law Firm’s dedicated attorneys enjoy the fight for justice and are committed to guiding clients through complicated legal processes. The firm offers free consultations, flexible appointment scheduling, and Spanish language services.