Morganton Car Accident Lawyer

Morganton Car Accident Attorney

Every year, car accidents are a leading cause of accidental injuries and deaths throughout the United States. When these incidents occur in the Morganton, NC area, victims need to know the state laws that apply to car accidents, how automobile insurance could come into play in their recovery, and the value of legal counsel they can trust as they evaluate their recovery options. A Morganton car accident lawyer can help you be prepared to navigate the state’s legal system.

Any car accident has the potential to be a life-changing experience. A victim may suffer serious injuries that pose various long-term problems in their personal and professional life. They may suffer from long-lasting psychological trauma or suffer from ongoing medical complications because of their injuries. When another driver bears responsibility for the accident that injured you or a family member, an experienced Morganton personal injury lawyer is a valuable asset for ensuring their accountability.

Law Office of Lyndon R. Helton, PLLC: Your Auto Crash Attorney NC

Law Office of Lyndon R. Helton, PLLC, has decades of experience representing North Carolina clients in a wide range of personal injury claims, including those pertaining to car accidents in the Morganton area. We review every client’s situation to provide carefully individualized legal counsel throughout their case proceedings. If another driver is responsible for causing the accident that injured you, we can help you explore the full breadth of your options for legal recourse.

Benefits of Working With a Morganton Car Accident Attorney

You might think you can resolve your recent car accident with an insurance claim against the driver who is at fault, and their policy could provide some valuable initial relief from your damages. However, you should not expect insurance alone to cover your losses after a serious accident, nor should you expect an insurance claim to be easily settled. If you tried to manage your recovery efforts from your car accident entirely on your own, you would face various pressing legal challenges while simultaneously recovering from painful injuries.

Working with an experienced Morganton car accident lawyer enables you to focus on your medical care. Your legal team can handle your case’s procedural aspects, preparing your automobile insurance claim and assessing whether further legal recourse will be necessary for your recovery. If you or a loved one suffered serious injuries that require extensive treatment and a long recovery time, an experienced Morganton car accident attorney can help you hold the responsible party accountable for your immediate and future damages.

Ultimately, you vastly increase your chances of success with your recovery efforts after a car accident by securing legal counsel you can trust. Additionally, you will be more likely to maximize the compensation you receive from an insurance claim and/or personal injury claim against the driver who caused your accident. Law Office of Lyndon R. Helton, PLLC can provide the detail-oriented legal counsel you need to approach the aftermath of a car accident with greater confidence.

Common Causes of Car Accidents in the Morganton, NC Area

The first step in recovering your damages from a car accident is ascertaining how it happened and who is responsible for causing it. Fault is a key variable in any car accident claim, both in terms of subsequent automobile insurance claims and for resolving personal injury claims. You must identify the driver who caused your accident and prove they were negligent or intentionally harmful in a way that directly resulted in your claimed damages.

Proving liability for a car accident requires different things depending on the specific details of the case. North Carolina follows the standard for contributory negligence when determining liability. This means if you hold any of the responsibility for the accident, you won’t be able to seek compensation for your injuries. Your Morganton car accident attorney is essential for proving exactly how your accident happened and establishing liability for your damages.

Some of the most commonly reported causes of car accident claims in Catawba, Caldwell, and Burke Counties include:

• Distracted driving. Across the U.S., distracted driving has been cited as the most commonly reported cause of motor vehicle accidents for many consecutive years. Even momentary distractions are capable of causing devastating crashes, and your attorney can help you determine the best ways of proving a defendant was distracted behind the wheel.
• Driving under the influence (DUI). Intoxicated driving is illegal and dangerous for the impaired driver and all others around them. DUI accidents can easily result in substantial civil damages, and the defendant will face criminal charges as well.
• Speeding. North Carolina prosecutes speeding offenses very seriously, and drivers may face fines or license suspension for severe speeding offenses. When speeding causes an accident, this could lead to reckless driving charges for the driver at fault. Accidents that happen at high speeds are also more likely to result in catastrophic or fatal injuries.
• Moving violations. Drivers who fail to abide by the traffic laws can easily cause serious accidents. Running red lights, performing illegal turns, or violating one-way indicators can easily cause devastating injuries to others.
• Vehicle defects. If a defective vehicle part or a faulty vehicle is the root cause of an accident, the manufacturer could face liability for the resulting damages under the product liability laws of North Carolina.

There are many ways that car accidents can happen in the Morganton area, and liability may not be immediately clear. It is also possible for a driver to wake up in the hospital after being injured in an accident they do not remember. Whatever your case entails, recovering compensation for any damages requires identifying the party responsible for the accident.

Depending on how the accident happened, the driver who is at fault may face criminal charges. DUI, reckless driving, or evading police and causing an accident can all lead to severe criminal penalties for the defendant. If you are concerned about any such factors coming into play in your case, your Morganton car accident attorney can assist you in determining the best ways to address them.

Potential Injuries From Car Accidents

Motor vehicle accidents are a leading cause of accidental injuries and deaths throughout the U.S. each year, and any accident can cause devastating injuries. Some of the most commonly reported injuries from North Carolina motor vehicle accidents include:

• Bone fractures. Some of these injuries will heal completely with appropriate treatment, while others will impose long-lasting complications. Severe fractures may lead to nerve damage and chronic pain after initial recovery.
• Spinal injuries. These wounds can easily result in permanent disabilities, including paralysis, depending on their location and severity.
• Traumatic brain injuries. These injuries are very difficult to treat and can pose unpredictable challenges to victims. Many brain injuries cause permanent complications, such as memory disorders, persistent migraines, sensory disruption, and cognitive impairment.
• Soft tissue injuries. Crash impact forces can damage muscles, tendons, and ligaments. Some of these injuries present challenging medical complications. For example, whiplash is a commonly reported car accident injury characterized by protracted pain, discomfort, and diminished flexibility in the upper back, shoulders, and neck.
• Scarring injuries. Burns and injuries to the face and teeth can be very painful and can also leave lasting physical evidence that is psychologically distressing to victims. You have the right to seek accountability for any injuries causing permanent disfigurement as well as the cost of repairing these conditions if treatment is possible.

This is not an exhaustive list of all the injuries a person could sustain in a vehicle accident, and it’s common for motor vehicle accidents to cause multiple injuries. The victim could face a very challenging road to recovery. Their medical expenses and inability to work can quickly create a very difficult financial situation for them and their family. If you intend to pursue legal action to recover from your car accident damages, you will need to identify the driver who caused the crash and gather evidence to hold them accountable for the damage you suffered.

Some injuries resulting from an auto accident are not physical. Many victims of car wrecks experience psychological and emotional damage, especially when the accident was caused by another driver’s recklessness. Post-traumatic stress disorder, or PTSD, is one example. The state of North Carolina allows car crash survivors experiencing negative psychological effects from a car wreck to file claims against the at-fault driver for compensation.

Proving Liability in a Car Accident Dispute

Fault is a central legal issue in every car accident claim in North Carolina. State law requires all drivers to carry liability insurance that comes into play whenever they cause accidents. If another driver hit your vehicle, you can file a claim against their automobile insurance policy to seek compensation for the damage your vehicle sustained, as well as any injuries you received from the accident. If you only sustained minor losses, an insurance claim may swiftly resolve the case, and there will be no need for further legal action. However, if you or a loved one sustained severe injuries in an accident, you need legal representation you can trust to hold the at-fault driver fully accountable for their actions.

Liability for your accident may be contested, and more than one party can bear fault for your damages. An experienced Morganton car accident attorney can help you gather physical evidence from the scene of your accident, traffic camera recordings if any are available, and vehicle computer data that may help you prove liability. Your legal team can also help you secure statements from witnesses who saw the accident happen. In the event your case involves any complex technical details, expert witnesses’ professional insights may be necessary for addressing these variables.

Law Office of Lyndon R. Helton, PLLC has successfully represented many clients in a wide range of personal injury claims. We know how to obtain the evidence our client needs to establish fault for their damages. We also know that any case is likely to present unexpected challenges as it unfolds. Our team is fully prepared to get you the maximum on your insurance claim settlement and explore further legal recourse if necessary for your recovery.

Filing Your Insurance Claim After a Car Accident in North Carolina

North Carolina state law requires all drivers to maintain auto insurance coverage that meets the state’s minimum requirements. Every auto insurance policy in North Carolina must provide at least:

• $30,000 in bodily injury liability coverage for a single person. This coverage applies to one person injured in an accident caused by the policyholder.
• $60,000 in liability coverage for a total accident. This would be the total coverage permitted in an accident that injured multiple people.
• $25,000 in property damage liability coverage. This covers the cost of repairing or replacing the victim’s vehicle. Most insurance policies only cover up to the actual cash value of a lost vehicle.

It’s vital to consult an attorney before you accept a settlement offer from an insurer and ideally before you file your claim. Your attorney can help you draft your demand letter after reviewing the at-fault driver’s coverage, significantly increasing the chances of maximizing the compensation you receive for your claim. An insurer is less likely to push back against a legitimate claim supported by legal counsel. If any issues arise concerning your claim, or if you have a problem with how the insurer handled your claim, your attorney can assist you in addressing these matters as well.

Once the insurance company reviews the details of your claim and issues your settlement check, your Morganton car accident attorney can determine whether you need to pursue further legal recourse against the driver who’s at fault. While their automobile insurance policy may offer seemingly expansive coverage, there is no guarantee that insurance is going to cover the full scope of damages from a serious car accident.

In the event that an at-fault driver does not have the required liability insurance, you still have other avenues for seeking compensation. Car insurance providers in North Carolina must include uninsured motorist coverage in their policies. This allows you to essentially sue your insurance provider to cover the expenses that would otherwise be the responsibility of the at-fault driver. Proving fault is critical in these cases, and hiring an injury attorney can help with this process.

Working with an experienced Morganton car accident lawyer can significantly improve your experience with the insurance claim process or the process of seeking damages for injuries caused by uninsured drivers. Their representation is also likely to generate a positive outcome for your claim as well. If you must take further legal action beyond insurance, Law Office of Lyndon R. Helton, PLLC can assist you in building your personal injury case.

Damages and Compensation for a North Carolina Personal Injury Claim

North Carolina’s personal injury laws enable plaintiffs to claim full compensation for any economic losses sustained because of the negligence or misconduct of others. If another driver caused serious injuries to you or a loved one, you have the right to expect compensation for all your medical treatment costs. This includes medical expenses immediately following your accident, as well as ongoing rehabilitative care costs and future medical care costs necessary to treat your condition.

The defendant is also responsible for your lost income if their actions force you to miss work. You may have needed to use accrued vacation days or paid time off from work after your injury, or you could be left unable to return to work due to the severity of your injury. Whatever your case entails, your attorney can assist you in holding the defendant accountable for your lost income and lost future earning potential.

The at-fault driver’s insurance may cover some vehicle repair costs, but any outstanding property losses can also be included in your personal injury claim. You must provide a complete and accurate list of all economic damages resulting from the accident in question, and you must also establish causation. This means you must show your damages are the direct outcome of the defendant’s actions and not some other cause.

Outside of your economic losses, you have the right to recover compensation for the physical pain and emotional distress you experienced because of the defendant’s actions. If you suffered a painful injury and/or face permanent damage from your accident, the defendant could face extensive liability for these noneconomic damages. There is no limit to the amount of pain and suffering compensation you can seek in a North Carolina car accident claim. Consult your Morganton car accident attorney to determine a suitable figure based on the scope and severity of your damages.

Contributory Negligence in Morganton, NC Car Accident Claims

If you plan to pursue any type of personal injury case in North Carolina, you must consider the state’s contributory negligence law. Unlike many other U.S. states that uphold comparative negligence laws, plaintiff liability is more serious under North Carolina’s contributory negligence statute. Put simply, a plaintiff cannot recover compensation from a defendant if the plaintiff is partially responsible for causing the accident in question, even if their fault is very slight.

Defendants in North Carolina personal injury cases often assert contributory negligence to deflect liability for damages. If you have any concerns about contributory negligence coming into play in your case, a Morganton car accident attorney is the ideal resource to consult if you want the best chance of success in your recovery efforts. Contributory negligence may also interfere with your ability to claim compensation through insurance, so it’s necessary to counter any claims of shared fault levied against you.

What to Expect From Your Morganton Car Accident Attorney

Hiring the right attorney can be one of the most important decisions you make in your recovery efforts after a car accident. When you choose Law Office of Lyndon R. Helton, PLLC to represent you after a car accident, our team will help you explore every channel of recovery available to you. A good attorney is a crucial asset when it comes to your initial recovery efforts, such as filing a claim against the at-fault driver’s automobile insurance policy.

After exhausting your recovery options through insurance, your legal team can calculate your remaining losses and compile a solid personal injury claim on your behalf to maximize your recovery. When a defendant’s liability is clear and your case leaves little room for argument, settlement serves the best interests of both parties. Our team can help you negotiate a fair settlement to your personal injury case if possible, but we are prepared to represent you in litigation if necessary to ensure your recovery.

Our goal is to provide responsive and communicative legal counsel to every client we represent. Your car accident case could be more difficult to resolve than you initially expect, but you could also be entitled to a far more expansive recovery than you anticipated as well. We can address the unique challenges and opportunities your case presents and enhance your recovery by exploring every avenue of compensation available to you.

FAQs About Morganton Car Accident Law

How Much Is My Car Accident Claim Worth?

North Carolina law allows you to seek full recovery from all the damages a defendant’s actions caused. When it comes to car accidents, you can hold an at-fault driver accountable for all the economic losses you sustained as well as the pain and suffering you experienced. A Morganton car accident attorney can provide an estimate of the total potential value of your car accident claim.

How Much Can a Person Sue for a Car Accident in NC?

In North Carolina, victims of car crashes can seek damages to compensate for the full extent of their injuries that they or their injury lawyer can prove were caused by the at-fault driver. This includes physical and psychological injuries. There is no cap on the amount of compensation you can pursue in a claim against the at-fault driver. However, you must file a claim soon after the crash, as the statute of limitations in North Carolina is three years from when the accident occurred.

How Long Will It Take to Secure an Insurance Claim Check?

If you can file an automobile insurance claim against the driver who is at fault, a settlement could provide valuable initial recovery. If you have clear proof of liability for your accident and there are no controversies regarding your claim, a good attorney can potentially secure a settlement check within a few weeks of filing your claim.

Is North Carolina a No-Fault State for Car Accidents?

No, North Carolina is not a no-fault state for car accidents. This allows victims of motor vehicle accidents who are suffering due to another driver’s negligence to file claims against the at-fault driver. If you’re experiencing physical or psychological complications after being involved in a car accident someone else caused, hire a personal injury lawyer to fight for your rights to compensation in North Carolina.

How Is Fault Determined in a Car Accident in NC?

A car wreck is typically first investigated by the police. Then, the insurance companies of the drivers involved may also conduct an investigation. When it comes to deciding if another driver is to blame for your injuries in a personal injury case, fault in North Carolina is ultimately determined by the court. An experienced car accident attorney can help you be better prepared to prove fault in your case.

What Is the Accident Law in NC?

North Carolina is considered a fault state when it comes to car accidents. This means you can proceed with seeking damages from another driver if they were entirely responsible for causing a wreck. You must proceed with your claim within three years of the date of the accident. It’s your or your attorney’s responsibility to prove that you hold no fault for causing the wreck. If you were even partially to blame for the accident, you cannot collect compensation.

Will I Need to Go to Court for My Car Accident?

Most personal injury cases end in settlement, but many car accident disputes can be resolved through insurance. If you exhaust available insurance coverage and still have outstanding damages, the defendant typically benefits most by settling the case as swiftly as possible. Litigation will only be necessary to resolve your car accident claim if liability is contested or if the defendant disputes the scope of the damages you are seeking.

What Happens If a Car Accident Is Fatal?

If a driver causes a fatal accident, they may face criminal charges depending on how they caused the accident. Drunk driving, reckless driving, or other intentional misconduct is very likely to lead to criminal penalties. When simple negligence causes a fatal accident, the victim’s family may file a wrongful death claim against the at-fault driver.

Is It Worth Hiring a Morganton Car Accident Attorney?

Your claim could be worth more than you expect, and the right attorney can help you maximize the compensation you obtain from your recovery efforts. If you sustained any serious injuries or have reason to doubt whether insurance can compensate your losses, it’s best to consult a Morganton car accident attorney as soon as possible to discuss your legal options.

Law Office of Lyndon R. Helton, PLLC: Your Morganton Car Accident Lawyers

Law Office of Lyndon R. Helton, PLLC can provide the compassionate and responsive legal counsel you need to navigate the aftermath of a car accident as efficiently as possible. Residents in Morganton and the surrounding areas can trust our reputable law firm after a car accident.

If another driver is at fault for your recent accident, we can help you with your automobile insurance claim and build a personal injury case against the defendant if necessary. Contact us today and schedule your consultation with an experienced Morganton car accident attorney.