Types of Compensation in An Auto Accident Case
Aug. 9, 2021
When you’re in an automobile accident — whether it’s a fender-bender or a serious crash with injuries — determining who caused the accident or who is at fault and how much compensation you deserve is no small feat.
If you live in a state where you may be disqualified from receiving any type of compensation if you are at-fault, even in the slightest can make this task even more complex.
In North Carolina, the laws can be tricky to navigate. Therefore, it’s crucial that you have an experienced personal injury attorney like Robert Armstrong on your side. From Robert Armstrong’s office, here’s more about the types of compensation you could receive in an auto accident case.
North Carolina Is a Contributory Negligence State
Most people know that North Carolina is an at-fault state, meaning that the individual found to be at fault must compensate the other driver, or motorcyclist, for damages and injuries.
However, North Carolina also adheres to the contributory negligence standard of law. Contributory negligence states that you will not recover damages if you have any liability whatsoever for the accident, even as little as one percent.
Therefore, if a victim’s negligence contributed to causing the accident, the victim recovers nothing. Examples of this include:
as a driver, speeding
as a pedestrian, jaywalking or making sudden or unexpected movements
riding with a driver that you know is drunk, reckless, or sleepy
riding in a car that you know is defective (for example, without working headlights), and
interfering with the driver’s operation of the vehicle.
In car accident cases, the damages the injured person receives are known broadly as compensatory damages. As the name suggests, the purpose of these damages is to compensate you for actual losses caused by the crash. These losses can include:
Loss due to medical bills and other medical expenses
Loss in wages due to missing work as a result of the car accident
Potential loss of future income
Pain and suffering
Continuing or lifetime treatment of injuries due to accidents
The calculation of these damages typically depends on the bills and medical records you present in the case showing what you spent. So it is imperative that you keep a record of everything after an auto accident.
Amount of Insurance
A common factor that may influence the amount of compensation in a car settlement in North Carolina is the amount of insurance the at-fault driver has on their vehicle.
North Carolina law requires that drivers keep a minimum of $30,000 in bodily injury coverage and $25,000 in coverage for property damage for any single person involved in an accident.
If the damages you are seeking are greater than the rate of the other person’s insurance, you may not be able to receive all of what you need to cover your costs.
Personal Injury Claim
In North Carolina, there is a three-year time limit to file a personal injury claim after an automobile accident from the date of the accident.
Do not wait longer than the three-year limit. You risk dismissal of the case and no chance of recovering any compensation for your injuries.
However, if a death was involved in your case, then your time limit may be shortened to a two-year limit from the time of death (not to go beyond three years from the date of the wreck).
Contact Attorney Robert Armstrong for more information
If you or someone you know has been injured in an automobile accident, contact the offices of Robert Armstrong today. We will do everything we can to make sure you are compensated the amount you deserve. Contact us to schedule your first consultation.