In North Carolina, if you are injured in an accident caused by another party’s negligence, the law says you can pursue damages against that party for any losses your injuries have caused you. The majority of personal injury cases usually involve some kind of insurance liability policy that the at-fault party has. Examples include auto insurance for vehicle accidents, property insurance for premise liability accidents, and malpractice insurance for medical malpractice cases.
The problem for victims is that insurance companies are in the business to make money. Therefore, any time they have to pay out on an accident claim, it cuts into their bottom line. This is why insurance companies will do everything they can to pay the minimum amount possible – or deny a claim completely – when a victim files a claim for their injuries. This is why you should always retain the services of a North Carolina personal injury attorney to ensure you are protected.
The following are some of the most common ways that insurance companies may try to use in order to deny a victim’s claim:
- The victim was also negligent. With this defense, the insurance company admits that their client acted with negligence, but they are also claiming that the victim shared some portion of negligence, as well.
- The victim’s injuries were not caused by the negligence of the alleged at-fault party. The insurance company tries to show that the victim’s injuries were not a direct result of their client’s actions. For example, if the victim injured their back in an accident that the insurance company’s client caused, the company could try to claim that the victim injured their back some other way and not really in the car crash.
- The victim didn’t take the appropriate steps to alleviate any damage to their health or well-being. In other words, the insurance company admits that their client was negligent and that negligence caused the victim harm, but they are trying to claim that the victim’s injuries are worse because of failure on their own part. For example, a car accident victim who didn’t seek out medical attention for a few days after the crash.
- There was an assumption of risk between the victim and the at-fault party. In order to use this defense against a personal injury claim, the insurance company must prove that the victim had knowledge of the potential danger that existed before engaging in a particular activity, that they understood those risks, that the victim took the risk anyway.
When a victim files for damages for a personal injury case, the following are some of the losses they can seek compensation for:
- Fees for ambulance transport
- Emergency room visits
- Hospital stays
- All diagnostic testing, such as X-rays and MRIs
- Both prescription and non-prescription medication
- Physical, occupational, and mental therapy fees
- Costs of transportation for medical services
- Loss of wages and benefits from being unable to work while recovering
- Loss of future income if the victim is left with a permanent disability that limits their ability to work or go back to the occupation they had prior to the accident
- Pain and suffering
- Emotional anguish
- Permanent disability
Contact an NC Accident Attorney for More Information
Personal injury cases can be difficult to prove without the legal expertise of a North Carolina injury attorney. These cases can be complex and failure to provide sufficient evidence could result in a dismissal of the case by the court or a ruling in favor of the defendant (at-fault party).
At Shapiro, Appleton & Washburn, our legal team will provide a free case evaluation to determine what legal options you may have and how to proceed. Call our office today to find out how we can help get you the financial compensation you deserve.