If you were injured in a car accident that wasn’t your fault, you may be entitled to compensation for your injuries. However, trying to file a claim and take on insurance companies on your own can be overwhelming and difficult, especially as you are struggling to recover from your injuries. Instead, you need an experienced car accident lawyer in Asheville, NC as soon as possible who will advocate for your best interests and fight to get you the damages you’re owed.
Attorney Harry H. Albritton with Irons & Irons P.A. has the broad knowledge and experience you need and a track record for excellence in representing clients in car accident claims. Whether he is negotiating a settlement or fighting for you in court, he has your best interests and wellbeing as his top priority, and because we understand the challenges you’re facing during this time, you only pay when your claim is paid.
Common Causes of Car Accidents in Asheville
Car accidents can happen at any time, but those involving injuries are especially likely in areas of high traffic, such as around Interstate 40, Interstate 26, and state highways. Human error is the cause of most serious accidents, specifically:
- Reckless driving, such as speeding, weaving in and out of traffic, and cutting off other vehicles;
- Distracted driving, such as texting while driving;
- Inexperienced drivers who are on the road alone;
- Failure to follow traffic laws;
- Driving under the influence;
- Fatigue which can dull reaction time;
However, seemingly “faultless” accidents may still be the cause of the other driver. The other driver may have defective vehicle equipment, such as worn brakes, or icy roads may lead to an accident. In these cases, the other driver can still be held accountable as they failed to keep their vehicle in road-safe condition or maintain a safe distance from your vehicle.
Common Injuries from Automobile Accidents
Car accident victims often experience a wide range of injuries, many of which cause chronic pain and life-long disability. Our car accident lawyer represents clients who have suffered the following injuries:
- Soft tissue injuries
- Traumatic brain injuries
- Burns, cuts, or lacerations
- Spinal cord, neck, and back injuries
- Nerve damage
- Chronic pain and paralysis
- Post-traumatic stress disorder
Following a car accident, it’s important to seek medical treatment immediately as many injuries or trauma aren’t readily apparent.
Why You Need an Experienced Car Accident Lawyer
If you are seeking damages for your injury, you need a car accident attorney by your side to secure a more favorable outcome. Insurance companies may offer a settlement, but often it’s barely enough to cover medical expenses, much less lost wages and ongoing care. They may also try to paint you as being partially to blame to absolve their client using the contributory negligence law or drag out the claim so it goes beyond the statute of limitations. Having a personal injury lawyer who can not only stand up to insurance companies but who can determine exactly how much your case is worth can lead to improved results.
North Carolina has a clause of pure contributory negligence when determining fault or liability and whether the plaintiff (victim) can receive damages. If the plaintiff is found to have contributed in any way to the accident or be at fault at all, they will not receive any compensation for their claim. The other driver must be 100 percent at fault.
For example, a driver is texting while driving and doesn’t see that you have stopped to turn and hits you from behind, resulting in back and neck injuries. However, if you had a brake light out, the jury may determine that you were slightly at fault, even just 10 percent at fault for the accident. Due to contributory negligence, you would be unable to receive damages.
Statute of Limitations for Filing a Car Accident Claim
We recommend speaking with a car accident attorney about your case as soon as possible because you have a limited period of time to file a claim due to the statute of limitations. In North Carolina, a car accident victim has three years from the date of the accident to file a claim for property damages and personal injuries. When the statute of limitations period ends for a claim, a judge can then throw the case out and bar a victim from trying to collect damages. Often, insurance companies will drag their feet and attempt to run out the clock of the statute of limitations, absolving them of having to pay.
Choosing Irons & Irons P.A.
We understand that choosing a car accident lawyer in Asheville can be difficult. At Irons & Irons P.A., we limit our cases so we can provide our clients with the one-on-one attention they deserve and so we’re always available to answer questions and keep them informed of the process. We understand that negotiations and court cases are stressful, but we’re by your side through the entire process, advocating for your rights, and fighting to secure compensation.
History of Success
We strive to secure fair compensation for our clients and will fight relentlessly on your behalf. Here are some examples of our verdicts for car accident injury cases:
- $850,000 to a former airline pilot who suffered a head injury during a low-speed automobile accident.
- $300,000 to a college student with orthopedic injuries sustained when his motorcycle was forced off the road by a negligent driver changing lanes.
- $100,000 to a client who suffered orthopedic injuries as the result of being struck by a driver who ran a stop sign.
Frequently Asked Questions for Our Car Accident Lawyers
What should I do immediately after a car accident?
Immediately after a vehicle collision, you should:
- Assess your health and wellness to check for injuries
- Dial 911 to report the accident.
- If possible, take photos of the circumstances of the accident, like road conditions, traffic signs, and damage to the vehicle.
- Avoid giving any kind of statement to the other driver or the insurance company who could use your words against you.
- Seek medical treatment to check for injuries that may not be instantly felt, like disc issues in your back or whiplash.
- Call a car accident lawyer to discuss your options and your case.
Do I have to go to court if I file a personal injury claim?
A large majority of our car accident claims are settled out of court. However, if the insurance company is not willing to negotiate a fair settlement, we would pursue taking the case to trial.
What do I need to file a personal injury claim?
Gather as much information as you can, including:
- Contact information of the other driver;
- Contact information of any witnesses;
- Written explanation of your side of what happened (as soon as possible so it’s fresh in your mind);
- Photographs of the scene;
What if the at-fault driver doesn’t have insurance?
As part of your car insurance policy, you have underinsured or uninsured motorist (UIM) insurance that covers you in the case that an uninsured or underinsured driver is at fault. There are limits to what they will pay under UIM, generally the amount of personal liability coverage.
I was offered a settlement — Should I take it?
Insurance companies do not have your best interests in mind so they may not offer you the full value of what your case is worth. It’s important to consult with a car accident attorney before accepting any kind of settlement.
I believe I was partially at fault for the accident — Can I still seek compensation?
Yes, because we will thoroughly investigate your case to determine fault, which is why it’s important to discuss your case with your car accident lawyer and avoid speaking with the other driver’s insurance company about your accident.
What can I be compensated for?
The jury can award compensation for:
- Hospital and medical costs already accrued;
- Estimated medical costs for future treatment (like physical therapy or continued treatments);
- Pain and suffering;
- Economic loss, like being unable to work;
- Punitive damages that specifically punish the defendant for particularly egregious actions.
I was in a car accident 8 months ago — Can I file a claim?
Yes, but it’s important to move quickly as you have limited time to move forward due to the statute of limitations.
Can I seek compensation if I was the victim of a hit-and-run driver?
Yes, you can make a claim through the uninsured motorist coverage of your car insurance policy. Make sure to have the following:
- A police report of the accident
- Photographs of the scene and of damages
- Contact information of eyewitnesses.
Schedule a Consultation with our Asheville Car Accident Lawyer
Attorney Albritton and the team at Irons & Irons P.A. are committed to providing strong legal representation to get you the damages you are owed. . Irons & Irons P.A. accepts car accident cases in Asheville and the surrounding areas, including Boone, Waynesville, Hendersonville, and Morgantown. Call 252- 215-3000 today or fill out the contact form below to schedule a consultation or learn more about our services.