Marion Car Accident Lawyer

Marion Car Accident Attorney

We never believe we’re the ones who are going to end up in a car accident until it happens. When it does, we are left not only with the direct impact of the accident, the injuries, and the psychological effect but also with a collection of bills related to the costs of the accident. If you’ve suffered injuries as the result of a car accident, contact a Marion car accident lawyer as soon as possible.

Marion Car Accident Representation

When an accident occurs, the resulting damages are the responsibility of the party or parties who caused the accident. However, insurance companies are often reluctant to accept immediate responsibility. In many cases, it takes a Marion car accident law firm, such as the Law Office of Lyndon R. Helton, PLLC, to fight to secure a fair recovery.

You have the legal ability to file a civil claim in order to pursue the compensation you’re owed as a car accident victim. A qualified and experienced lawyer can help you along through the claims process, starting with filing the claim. We use our experience and comprehensive knowledge of personal injury law to help our clients secure the most favorable outcome in their cases.

How Fault Is Proven in a Car Accident Claim

Proving fault in a car accident claim will generally follow the same steps that we find in any personal injury claim. Your lawyer will need to use evidence that they gathered from investigating the accident to prove liability on the part of those who are at fault. The process will involve proving the defendant’s relationship with the three primary elements of fault. Once these components are proven, the defendant is then liable for the accident-related damages.

1. Duty of care. When operating a motor vehicle, drivers have a responsibility to those around them not to put them at risk for danger. This is known as a duty of care. While there is always some danger to operating a motor vehicle, following traffic laws and driving cautiously is critical to ensuring safety on the road. Most people are familiar with the potential damages they could cause, so this element is generally recognized.
2. Breach of duty. To breach your duty of care is to fail to take the proper precautions necessary to fulfill that duty. Acting in a way that creates greater risk to those around and increases the likelihood of someone being harmed is considered negligent. In the case of a car accident, this happens by failing to follow general traffic laws. This includes driving while drunk, distracted, or in a reckless manner.Drivers aren’t the only ones whose potential breach of duty of care could lead to a car accident. Manufacturers of faulty automobile parts, mechanics, private property owners, or transit companies that own the vehicle that caused the collision could also be found to have breached a duty of care. Your attorney can assess the details of your case to discover whether other parties may share the fault.
3. Cause of injury. The last element that your lawyer will need to show is how the breach led directly to the injury or damages that you’ve suffered. This requires demonstrating causation clearly, showing how the accident is a result of the breach and how the injury is a result of the accident.Proving this is not always straightforward, as a breach may not be the cause of an accident. For instance, if someone is sitting at a red light and texting, that is technically a breach, but it would not be the cause of an accident if they are rear-ended by someone coming up behind them and failing to stop.Once it’s shown that the breach led to the accident, then the injuries must be shown as directly resulting from the accident. The defense may challenge the connection of your injuries to the accident by claiming your conditions were either pre-existing or unrelated, so your lawyer must be able to effectively demonstrate both the direct source of the injuries and the extent of those damages.

The Compensation You Could Receive in a Car Accident Claim

The compensation that’s awarded in a car accident claim in Marion, NC must also be directly tied back to the breach of duty. Your lawyer should be able to connect the expenses associated with your accident-related injuries and damages to the negligence of the other party. If your claim is successful, you will be awarded two types of compensation:

• Economic damages. There are some clear financial costs that result from a car accident, and those are compensated through economic damages. These are losses such as damage to a vehicle and other property, medical bills, and lost pay from having to miss work. Future medical costs and lost earning capacity are addressed as well.
• Non-economic damages. Though less tangible than the things for which economic damages compensate, there are a number of potential psychological and emotional costs that result from an accident. Pain and suffering, loss of enjoyment in life, loss of use of a body part, and mental anguish are all examples of psychological costs that are addressed through these damages. Although the money doesn’t directly fix the issue, it can ease the burden for a person to manage these issues.

How Contributory Negligence Could Hurt Your Damages

One of the most important things your lawyer will do is defend against contributory negligence claims. Under this system, if the defendant’s lawyers can prove that you were even 1% at fault for the accident and the resulting injuries, you could be ineligible to receive any damages. Your personal injury attorney can defend against baseless counterclaims and protect your recovery settlement.

What a Marion Car Accident Lawyer Does

A Marion car accident lawyer will be responsible for seeing that you get fair and just compensation for the injuries that you’ve suffered because of the accident. They can help with advice, represent you, and advocate for you. There are a few primary functions that they will perform in service of seeking restitution on your behalf.

The first role is to investigate the incident as they try to understand who is liable for the accident. They can also gather evidence that can help demonstrate that liability. Additionally, they can look for evidence that can defend against potential counterclaims of fault on your part, given the importance of contributory negligence accusations.

The next role is to negotiate a fair settlement offer. Your lawyer will contact the insurance company or other responsible party and attempt to seek a negotiated settlement that could avoid taking the case to trial. The settlement must be a fair, sufficient agreement, and having a lawyer negotiating on your behalf is one of the most effective ways to secure that kind of agreement.

Expect Advocacy and Better Outcomes with Our Team

The insurance companies usually understand that they can’t simply provide a low offer when an experienced lawyer is involved, as most personal injury attorneys are prepared to take a case to court. This is something most insurance companies want to avoid. This can often improve negotiations.

Finally, a lawyer will also take on the role of advocate and representative through the legal process. Should negotiations fail and a court trial become necessary, they will make the case for the defendant’s liability and the damages you’re seeking. They will also defend you against accusations of fault on your part so that they might be able to preserve your right to collect damages. Whatever the means necessary, your lawyer will fight for the recovery you deserve.

Marion Car Accident FAQs

Q: Should I Settle My Case Instead of Going to Court?

A: Whether you should take your case to court or settle is going to be highly dependent on the situation and how negotiations are proceeding. There are advantages to both options. However, one may be better than the other based on things like what’s being offered, the strength of your case, the possibility of contributory negligence, and your own tolerance for the risks of trial.

The advantage of going to court is the possibility of securing a larger financial award. A settlement is likely to be a little less. However, taking a claim to court carries a risk of a less ideal ruling, especially if there is a successful claim of contributory negligence. A settlement avoids that risk. A settlement will also help you receive your funds much sooner since a court case has the potential to extend your case for months and even years.

Q: Are Punitive Damages Ever Awarded in a Car Accident Claim?

A: Punitive damages are very different from the compensatory damages that are awarded, which include economic and non-economic damages. Whereas those address the expenses that the accident has created, punitive damages address the behavior of the defendant.

Punitive damages are typically only awarded when the court feels there is a need to punish the defendant or deter future behavior. Generally, if the defendant has done something that is considered to be malicious or particularly egregious, a judge may add punitive damages to the settlement award. A lawyer can help you understand the possibility of punitive damages in your case.

Q: What Is the Statute of Limitations on Car Accident Claims?

A: In North Carolina, the statute of limitations for personal injury claims, which includes car accidents, is three years. This means that any claim must be filed within three years of the accident. However, there are a number of potential exceptions and situations where that number could vary.

In some cases, this could mean a shorter deadline, as is the case if the government is the liable party. In others, the deadline could be extended, including if the injuries were not discovered until later or if the injured party was a minor. To be certain regarding what deadline applies to your situation, it’s important that you speak with a lawyer as soon as possible following your car accident.

Q: Who Could Be Liable in a Car Accident Claim?

A: Generally, the expectation people have for liability in a car accident is that it is one of the other drivers involved in the collision that is to blame for the accident. In most cases, this is the correct liable party. However, depending on the situation, there may be other liable parties alongside or instead of another driver in the collision.

For instance, a driver who was not a part of the collision could be at fault if their reckless driving led to an accident as drivers tried to avoid them. The government could be at fault if there was an issue with the roads and signs that led to the accident. It’s even possible that a parts manufacturer or installer could be at fault if an issue with a car part caused the accident.

Fair Compensation With Help From a Marion Car Accident Lawyer

Getting the compensation you need after a car accident is not always a straightforward process. The insurance companies that are responsible for paying these claims have a tendency to offer a low compensation amount or even outright reject a claim. An experienced Marion car accident lawyer who understands the civil laws governing these claims can fight to recover a just and fair settlement amount.

When you have a lawyer representing you, any negotiations benefit from the dynamic. A lawyer can negotiate from a position of experience that the insurance companies know that they need to respect. They recognize that a lowball offer is not going to be accepted.

Contact the Law Office of Lyndon R. Helton Today

Having a lawyer like those at the Law Office of Lyndon R. Helton, PLLC also demonstrates a willingness to take your claim to trial if necessary. We are prepared to fight for our clients in court if a fair agreement can’t be found. We are committed to taking every legal measure we can to seek the compensation you deserve. Contact us today to discuss your case. We also help clients all throughout Catawba, Caldwell, and Burke Counties.