Car accidents can be incredibly stressful and disruptive. If you’ve been injured in a car accident in North Carolina, you may be wondering what happens next, especially if you’ve decided to file a lawsuit. Winning a car accident lawsuit can be a significant step toward recovering what you’ve lost and moving on with your life. However, many people are unsure what “winning” actually means in this context or what it entails.
At NC Car Accident Lawyers, we’re here to help you understand exactly what to expect. This blog post will walk you through the types of compensation you can recover, the litigation process, and how an experienced North Carolina car accident lawyer can help at every step.
Compensation in a North Carolina Car Accident Lawsuit
When you win a car accident lawsuit in North Carolina, the main outcome is that you’re awarded financial compensation for the losses you’ve suffered. This compensation is called “damages.” The exact amount you receive depends on the details of your case, like how serious your injuries are and how much the accident has impacted your life.
There are several different types of damages you can pursue in a North Carolina car accident case.
Medical Expenses
Medical expenses are often the largest and most immediate costs after a car accident. You can recover the cost of your medical bills, including emergency room visits, hospital stays, surgeries to follow-up doctor visits, physical therapy, and prescription medications.
You can also claim future medical expenses if your injuries require ongoing care. It’s important to work with medical professionals and your attorney to accurately estimate these future costs.
Lost Income
You can recover money for the income you’ve lost as a result of the car accident. This includes any wages or salary you didn’t earn while you were recovering.
If your injuries prevent you from returning to your previous job or limit the type of work you can do, you can also recover compensation for your “loss of earning capacity.” This reflects how your ability to earn money in the future has been affected by the accident.
Property Damage
In an auto accident lawsuit, you can recover the cost of repairing or replacing your vehicle. If your car was totaled in the accident, the at-fault party (or their insurance company) should cover the fair market value of your vehicle at the time of the crash.
Property damage also includes any personal property that was in your car at the time of the accident and was damaged or destroyed. This might include things like a laptop, cell phone, or other valuable items.
Pain and Suffering
If you win a car accident lawsuit in North Carolina, you can also recover compensation for your pain and suffering. This is meant to acknowledge the physical pain and emotional distress you’ve experienced because of the accident.
Pain and suffering damages are harder to measure than things like medical bills or lost wages. They’re based on the severity of your injuries, how they affect your day-to-day life, and how long your recovery will take. In some cases, these damages can be a significant part of your total compensation.
Punitive Damages
Punitive damages are only awarded in a North Carolina car accident lawsuit if the defendant’s actions showed “willful or wanton conduct.” For example, if the at-fault driver was drunk or street racing when the crash happened, you can seek punitive damages. These damages are intended to punish especially reckless behavior.
In North Carolina, punitive damages are usually limited to the greater of $250,000 or three times the amount of compensatory damages awarded. However, this limit does not apply in car accident cases where the driver was intoxicated.
Car Accident Lawsuit Process
Winning a car accident lawsuit isn’t just about what happens at the end. It’s a step-by-step process that begins right after your crash and can take months or even years. Understanding how the process works can help you feel more prepared and confident as you move forward.
Gathering Evidence
Your auto accident lawyer will work with you to collect all the information needed to build a strong case. This can include things like police reports, photos of the accident scene, witness statements, and medical records. It’s important to do this as soon as possible because evidence can disappear or become harder to get as time goes on.
Your North Carolina car accident attorney might also work with experts, like accident reconstruction specialists or medical professionals, to strengthen your case. The goal is to prove exactly how the accident happened and show that the other driver was at fault.
Settlement Negotiation
Many car accident lawsuits in North Carolina are settled before they ever reach a courtroom. During settlement negotiations, your lawyer will present the evidence and demand a fair amount of compensation based on your injuries and losses. Insurance companies often start with low offers, so it’s important to have an experienced attorney who knows how to negotiate and fight for the compensation you deserve.
Trial
If the insurance company doesn’t offer a fair settlement, your case might go to trial. At trial, your lawyer will present your case to a judge or jury. They’ll show the evidence you’ve gathered and argue why you should receive the amount of money you’re asking for.
The other side will also present evidence and arguments. In North Carolina, the outcome of the trial is decided by the “preponderance of the evidence,” which means your lawyer has to show that it’s more likely than not that the other driver caused the accident and your injuries.
Receiving Payment
Once you’ve won your lawsuit, whether through a settlement or at trial, you’ll receive your compensation. You may receive money in the form of a lump-sum payment or a structured series of payments over time. Your attorney’s legal fees are paid from the settlement or award.
Do I Repay Health Insurance After Winning a Car Accident Lawsuit in NC?
If you win a car accident lawsuit in North Carolina, whether you have to pay back your health insurance company depends on the specific details of your health insurance policy and the type of plan you have. North Carolina generally has an “anti-subrogation” rule, which means that most private health insurance companies in the state cannot require you to reimburse them from your settlement or award after a car accident. In other words, for most standard health insurance plans, you typically do not have to pay your insurer back.
However, there are important exceptions. If your health insurance is provided through a government program like Medicare or Medicaid, or if your plan is a self-funded employer plan governed by federal law (ERISA), you may be required to reimburse the insurer out of your settlement. These plans are not subject to North Carolina’s anti-subrogation rule. Because the rules can be complex and depend on your exact insurance plan, it’s wise to review your policy documents and consult with a knowledgeable car accident attorney to understand your specific obligations.
How Long Does a Car Accident Case Take in North Carolina?
One of the most common questions people have after filing a car accident lawsuit is, “How long will this take?” The truth is, it varies. In North Carolina, a car accident case can take anywhere from a few months to a few years to fully resolve, depending on the complexity of the case and whether it’s settled or goes all the way to trial.
If the insurance company offers a fair settlement early on, your case could be resolved in a matter of months. But if the case involves serious injuries, disputed liability, or large amounts of money, it may take much longer.
It’s important to remember that taking the time to build a strong case can help you get the best possible outcome. Insurance companies often offer less than you deserve at first, but a skilled car accident lawyer will negotiate for a fair settlement.
What Is the Deadline to File an Auto Accident Lawsuit in North Carolina?
You generally have three years from the accident date to file a personal injury lawsuit in North Carolina. This deadline is known as the statute of limitations, and it is set by North Carolina law to ensure that claims are made while evidence is still fresh and available.
If you try to file an auto accident lawsuit after these three years have passed, the court will almost always dismiss your case, and you will lose your right to seek compensation.
There are some exceptions to the rule. For example, if the injured person is a minor, the three-year period does not begin until they turn 18, giving them until their 21st birthday to file a claim. The deadline to file a wrongful death lawsuit is two years after the victim’s passing.
It’s important to contact a North Carolina auto accident lawyer as soon as possible to protect your rights.
Contact Our North Carolina Car Accident Lawyers
At NC Car Accident Lawyers, we know how overwhelming it can be to deal with the aftermath of a serious car accident. That’s why we’re here to help. From gathering evidence to negotiating with insurance companies to taking your case to trial if needed, we’re ready to fight for you every step of the way.
If you’ve been injured in a car accident and want to learn more about your options, reach out to us today for a free consultation. We’ll review your case, explain your rights, and help you understand what to expect. Let us put our experience to work for you so you can focus on healing and moving forward.
