Can I File for a Lawsuit in North Carolina if I’m Involved in a Car Accident?

Although car accidents might last a few seconds, their consequences can last an entire lifetime. What might appear as a minor injury can have a devastating impact on an individual’s physical and mental health and leave them with hundreds of thousands of dollars worth of damages. It is only natural to wonder if you can seek legal action against the negligent party and explore your legal options. If you or your loved one got injured in a car crash, a car accident Lawyer at Riddle & Brantley in North Carolina can help you recover financial compensation for your damages through a personal injury lawsuit. In this article, we will take a brief overview of the legal recourse available to you after your car accident and the resulting losses.

Seeking Legal Action

If you got injured in an auto accident due to another driver’s negligence, you can seek legal action against them through a personal injury lawsuit. Through a lawsuit, you might be able to recover financial compensation for your monetary and non-monetary damages. These include medical expenses, lost wages, costs of ongoing treatment, incidental expenses, and more. Physical evidence demonstrating the fault of the negligent driver and proof of your physical and financial losses is essential to ensure success in a car accident lawsuit. It’s best to keep track of all the details during this time. That way you can build a strong case.

Statute of Limitations

The statute of limitations is a legal deadline that applies to every personal injury lawsuit, including car accident cases. To be eligible to recover damages, you must file your lawsuit within this time frame. Which is three years for North Carolina. It is important to note that the clock starts at the time of the accident. In case you do not file your claim in court by the end of this deadline, you may not be able to pursue legal action against the negligent party. Do your research to make sure you haven’t missed the deadline in your state.

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Establishing Negligence

Establishing negligence in an auto accident lawsuit is one of the most important steps to validate a legal claim. Your lawyer will compile all the physical evidence related to the accident, including photos and videos from the location of the car crash, eyewitness statements, incident reports, medical records, and other documents that support your case. The burden of proof in personal injury lawsuits like these rests on the plaintiff, which means that your legal team must build a strong case to establish the other driver’s fault. Although drivers are required to have liability insurance that might cover damages resulting from a car accident, it is possible that the negligent driver might not have any or sufficient insurance to compensate for your losses. In cases where liability insurance cannot cover your damages, you can file a personal injury lawsuit against the defendant.

Comparative Negligence

States like North Carolina operate on the principle of comparative negligence. This means that if you share part of the fault for the accident, your compensation could be reduced in proportion to the percentage of your negligence. For instance, if you are found to share 15 percent of the fault for the accident, you would be entitled to compensation minus the 15 percent for your fault. Knowing this information beforehand can help you understand how to build your case. Having a competent lawyer will be able to explain how your case works and how much you be able to get back financially.


If you were injured in a car accident while in North Carolina, you can file a lawsuit against the negligent driver to recover compensation for your damages. It is important to familiarize yourself with local state laws. These laws include a statute of limitations and comparative negligence and enlisting the help of an experienced attorney will make sure there is a successful outcome. Hiring a trusted attorney can save you time and get your case moving through the system. They will make sure that no details are left out and make sure that you get the justice you deserve. 

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