If you were injured in an automobile accident that was the other driver’s fault, you may be entitled to damages for your medical bills, lost wages, and pain and suffering. However, filing a claim and taking on insurance companies on your own isn’t just overwhelming, it is virtually impossible to get the compensation your case is worth. Instead, you need an experienced car accident lawyer in Winston Salem, NC who will stand up to insurance companies and work hard to secure the compensation you’re owed.
Attorney Harry H. Albritton is a personal injury attorney with Irons & Irons P.A. and has the knowledge and experience to navigate the legal system successfully and has a track record for success in his cases. Whether he is negotiating a settlement or taking your case to a jury, your best interests are his top priority. Because we know the challenges you’re facing during this difficult time, you only pay when your claim is paid.
Common Causes of Car Accidents in Winston Salem
Car accidents are often caused by human error, specifically:
Reckless driving, such as speeding, weaving in and out of traffic, and cutting off other vehicles;- Driving while distracted, such as texting while driving;
- Inexperienced drivers who are on the road alone;
- Failure to follow traffic laws;
- Driving while intoxicated;
- Fatigue which can dull reaction time;
Even accidents caused by a mechanical error or poor weather may also actually be caused by the driver’s negligence. For example, sliding on ice and hitting your car means the driver did not maintain a safe distance for the conditions or because they didn’t keep their vehicle in road-safe condition.
Common Injuries from Automobile Accidents
Car accident victims experience a wide range of injuries, many of which cause chronic pain and disability. Our car accident lawyer represents clients who are recovering from or living with 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
After a car accident, you need to seek medical treatment immediately, even if you don’t think there’s anything wrong. Many back and neck injuries don’t reveal themselves for a few days or longer following the accident.
Why You Need an Experienced Car Accident Lawyer
If you are seeking damages for medical bills and lost income caused by your injury, having a car accident attorney representing you can help you secure a more favorable outcome. Insurance companies may offer a settlement, but it’s unlikely to cover the true costs of your case. Even worse, they may try to prove that you are partially to blame for the accident to absolve their client using the contributory negligence clause or drag out the claim so the statute of limitations runs out. Having a personal injury lawyer who is willing to stand up to insurance companies and has the experience to know what your case is worth can lead to improved results.
Contributory Negligence
North Carolina has a clause of pure contributory negligence when determining if a plaintiff can receive damages. If the plaintiff is found to be at fault or responsible in any way, the jury can not award damages. The other driver must be 100 percent at fault.
For example, a driver is texting while behind the wheel and doesn’t see that you have stopped. The driver hits you from behind, resulting in significant back and neck injuries. Normally this would be the other driver’s fault.
However, if you had a brake light out, the jury may determine that you were slightly at fault for the accident, as the driver may not realize you had stopped even if they were paying closer attention. Due to contributory negligence, you would be unable to receive damages.
Statute of Limitations for Filing a Car Accident Claim
It’s also important to consult with a car accident attorney in Winston Salem about your case as soon as you can due to the statute of limitations. This rule limits the amount of time you have to file a civil suit. In North Carolina, a car accident victim has three years from the day 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 throw the case out. Often, insurance companies will intentionally attempt to run out the clock on the statute of limitations, absolving them of having to pay.
Choosing Irons & Irons P.A.
We know choosing a car accident lawyer is difficult. At Irons & Irons P.A., we want you to know your case is a top priority, and we strive to be available when you have questions or concerns, and we will also take the time to keep you informed about the process and let you know how negotiations are going or what to expect during a court case. We’re by your side from your first consultation to the completion of your case, advocating for your rights, and fighting to secure compensation.
History of Success
We are proud of our track record of success and getting fair compensation for our clients. 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?
As soon as you can following a vehicle collision, you should:
- Assess your health and wellness to check for injuries
- Dial 911 to report the accident.
- If possible, photograph the circumstances of the accident, like road conditions, traffic signs, and damage to the vehicle.
- Don’t give a statement to the other driver or the insurance company who could use your words against you.
- Seek medical treatment as soon as possible to check for injuries that may not be instantly felt, including 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?
The majority of car accident claims are settled out of court. However, if the insurance company will not negotiate a fair settlement, we would most likely take the case to trial.
What do I need to file a personal injury claim?
Collect 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?
Your car insurance policy should require you to have underinsured or uninsured motorist (UIM) insurance coverage for just this circumstance. 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?
You should never take a settlement without consulting with a car accident lawyer first. Insurance companies are more concerned with profits, so they will do what they can to avoid offering you what the case is worth.
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?
Damages can be for economic costs or non-economic costs, including:
- 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 you need to speak to a car accident attorney 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, your claim would be processed using 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 Winston Salem 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 Winston Salem and the surrounding areas, including Lexington, Kernersville, and Lewisville. Call 252-888-5164 today or fill out the contact form below to schedule a consultation or learn more about our services.
