Raleigh Automobile Accident Attorneys
If you have been injured in a serious automobile accident due to the negligence of another driver, you are entitled to file a personal injury claim against his or her automobile insurance company. Unfortunately, not all automobile insurance companies deal fairly with claimants. Many hide behind weak liability and medical arguments in an attempt to force you to take less than reasonable compensation. When this happens, you need a knowledgeable and aggressive car accident attorney to represent your interests. The Raleigh automobile accident lawyers of Maginnis Law will try to help you negotiate an out-of-court settlement, but, if that fails, our firm will not hesitate to file a claim with the Courts and make the insurance company answer to a jury. To speak with one of our attorneys, call the firm at 919.480.8526 or send an email using our contact page.
Your primary concern after an automobile accident should be to get better. You may need significant medical treatment, including surgery, and you typically will only have one opportunity to settle with the insurance company. Settling before you have completed treatment is rarely a good idea. In most cases, you should not settle until you have received all necessary medical treatment resulting from the automobile accident or, at a minimum, have a projection of future medical treatment.
Once you have recovered medically, you will need to identify all of the damages you have sustained which are recoverable under North Carolina negligence law. Those damages, of course, begin with your past and future medical expenses. If your injury occurred after October 1, 2011, you are entitled to all amounts actually paid or owed for your medical treatment. This includes amounts paid by your health insurance provider. You are also entitled to compensation for lost wages or loss of wage earning capacity. Other damages which are more difficult to calculate include (1) physical, mental, and emotional pain and suffering; (2) loss of enjoyment of life; and (3) temporary and permanent disability and/or impairment. In some situations, such as those involving a drunk driver, a claimant may be entitled to punitive damages. This allows the jury to punish the at-fault driver by awarding money damages of up to $250,000.00 or three times the claimant’s actual damages, whichever is greater.
After identifying your damages, you (or your attorney) must then determine from where you can recover the funds. This analysis usually begins with the at-fault driver’s liability insurance. The minimum liability limits in North Carolina are only $30,000.00, though. If your damages are, for example, $150,000.00, you would only be able to recover approximately 20% of your damages from the at-fault driver. In this scenario, you should obtain your own automobile insurance policy to determine the amount of your Underinsured Motorist (UIM) coverage. If you have a larger policy that contains, for example, $300,000.00 of UIM coverage, you could recover the remaining $120,000.00 from your own policy.
The Raleigh automobile accident attorneys of Maginnis Law regularly represent clients involved in Wake County car collisions. Our firm offers free consultations and represents all clients on a contingency fee, which means that you pay no attorneys’ fees until we make a recovery for you.
If you have been injured in an automobile accident on I-40, the Beltline, US Highway 64, US Highway 401, or US Highway 70, call the Maginnis Law Raleigh automobile accident lawyers at 919.480.8526 or send an email using our contact page.