Will I Win My Lawsuit in Raleigh NC Due to a Car Accident?

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Being involved in a car accident can make you traumatic because you can physically injure, lose your loved one or get financial loss. For someone who has been involved in a car accident, for example in Raleigh, North Carolina, you might want to know the chances of winning a lawsuit to get compensated for your losses. Keep reading to find out things that you need to know.

Will I Win My Lawsuit in Raleigh NC Due to a Car Accident?

Statistics of Car Accident in Raleigh, North Carolina

North Carolina ranks 9th in the list of the most populated states in the United States. In 2020, its total population was 10,439,388, according to the census. Raleigh, its capital city, is named as the second most populous city in this county and the 41st most populous city in the country. According to the 2020 census, this city had a population of 467,667, making it one of the fastest-growing cities in the country.

As one of the most populous cities in North Carolina, it is not surprising that every year there are always thousands of car accidents that happen in Raleigh. As per the 2020 statistics compiled by the North Carolina Department of Transportation or DOT, there were a total of 13,481 crashes in this city, in which 5,570 of them resulted in injuries and 40 fatalities. 446 of those accidents were related to alcohol and among them, 293 accidents resulted in injuries and 3 fatalities.

Aside from that, the DOT statistics also shows that Raleigh makes it to the list of the top 10 cities in North Carolina with the number of accidents among cities that have populations more than 100,000. Since the year of 2018, the statistics show that 73,047 accidents have happened in Raleigh. These accidents resulted in more than 13,000 injuries and 104 fatalities.

Will You Win Your Lawsuit in Raleigh, North Carolina Due to a Car Accident?

For those who are wondering whether or not you will win your lawsuit in Raleigh, North Carolina after involved in a car accident, no one knows the real answer because it depends on a few different factors, such as:

    • Liability: Just like in any other lawsuits, it is also important to determine who was at fault in the car accident. For your information, the rule that North California follows is called a contributory negligence rule. In case you have no idea about this rule, it is the one that gives you a small chance to recover any damages if you are proven to be even partially responsible for the accident. It means if you want to win the case, it is a must for you to prove that the other party was at fault.
    • Evidence: When proving liability and damages, strong evidence plays a big part. Talking about strong evidence, it can include a few things, such as testimonies from the witnesses, photographs taken from the accident scene, medical records documenting injuries, police reports, and so on. Keep in mind that your chance to win the case gets bigger if you have a lot of evidence to support your claims.
    • Legal representation: Your chance to win the case in a car accident that happened in Raleigh, North Carolina will also be higher if you choose a good attorney who has experience and is proven to be an expert in such a case. The attorney should also be familiar with the laws and court procedures of this state. If necessary, this professional can become your representative in the court, in addition to their other jobs such as accessing the merits of your case, collecting evidence, and talking to your insurance companies.
    • Damages: If you want to get compensated well, make sure to calculate the damages to the full extent. It is possible for you to get compensation for different damages due to a car accident, such as medical bills and expenses, physical pain and emotional suffering, emotional distress, loss of current and future wages, and property damage.
    • Insurance coverage: The next thing that is also necessary to do is to learn about the insurance policies that you are involved in. As mentioned before, North Carolina follows a fault-based system for car accidents. It means the one who is at fault or the one who causes the accident has to cover the damages. However, their insurance companies may be able to reduce the payouts.
    • Settlement versus trial: There are more car accident cases that are resolved through settlements compared to going to trial. The reason is because a settlement usually offers a quicker resolution and guarantees compensation. When you are involved in this kind of case, you are recommended to discuss with your attorney to determine whether to accept a settlement or to proceed to trial.
    • Statute of limitations: The state of North Carolina has a statute of limitations within which you must file a lawsuit for a car accident that occurs in this state. The limit to file a personal injury lawsuit is three years from the date of the accident. Do not get surprised if your case gets dismissed if you fail to file a lawsuit within this time frame.

Filling a Lawsuit after a Car Accident

If you are insured after having a car accident in Raleigh, North Carolina, and you are sure that the other party was at fault, you can file a personal injury claim or lawsuit directly against that party to get compensated. Before anything, you should know that the process that you will have to go through if you want to do this is not easy and it might consume a lot of time. In order to make the process go easily and smoothly, it is better for you to hire an attorney that will represent you in the case.

Bottom Line

In conclusion, there is no guarantee that you will win your lawsuit in Raleigh NC due to a car incident. As stated before, the answer depends on a few different factors, including liability, evidence, damages, representation, insurance coverage, and the statute of limitations. If you want to increase your chance of winning the case in a car accident and get the compensation you deserve, it is a must for you to carefully consider all the factors mentioned above and find the right attorney.

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