It is always best to connect with a car accident law firm soon after experiencing an accident. Auto accident attorneys can provide critical guidance and the legal representation you need to protect your interests and fight for justice. But sometimes, victims feel too overwhelmed to make contact. They may be hospitalized, looking toward a long recovery–if recovery is possible–with their focus only on getting through each day. On the other hand, they may not realize the extent and consequences of their injuries right away and only later realize they need and deserve compensation for their costs and losses. So, when is it too Late to get a lawyer for a car accident?
Even if a significant amount of time has passed since your car accident, do not give up hope for justice without reaching out to Ricci Law Firm. We will review your case for free. Our car accident attorneys in Raleigh, NC have years of experience fighting complicated cases. There may be times when it is too late to get a lawyer for a car accident, but do not make that determination on your own. If there is a way to get you your day in court, our car accident lawyers will find it.
North Carolina Statute of Limitations
Every state imposes a statute of limitations and a legal deadline for filing personal injury claims. These deadlines have several purposes. First, they are designed to maintain fairness. Evidence reliability weakens with time as the memories of involved parties and witnesses can fade over time, or other forms of evidence can get lost. They also work to promote efficiency, allowing both victims and negligent parties the chance to deal with the trauma of an accident and move on with their lives in a timely manner. Finally, they protect at-fault parties from worrying indefinitely about being sued.
The North Carolina Statute of limitations for personal injury claims, including car accidents, is three years. If victims fail to file with the court by this deadline, it could be too late to get a lawyer. However, since some cases allow for exceptions, victims should always consult with a Raleigh auto accident lawyer to review their options.
Why You Need to Secure Representation and File a Claim
Many car accident cases settle out of court, so you might wonder why you need to hire an attorney or file a claim at all. One reason–an experienced car accident lawyer is well equipped to handle negotiations with the at-fault party’s representatives and your own insurance company.
After a car accident, the insurance company is not on your side–not your own or the at-fault parties. Insurance companies are businesses, and their goal is to maximize profits. The more they pay out in coverage or settlements, the less they keep for themselves. Your car accident attorney will examine your policy to ensure your company treats you right and demands financial justice from the negligent party’s insurance company.
Your attorney will send a settlement demand to the negligent party’s representatives. Most likely, they will not agree to that amount and will offer something lower. A skilled attorney will negotiate with the other side until coming to an acceptable agreement. Filing an accident claim with the court adds weight to your negotiating power. It tells the other side you mean business and are willing to fight in court if they do not negotiate fairly.
By filing within the three-year legal window, you preserve your right to fight in court. If negotiations break down, your auto accident attorney will be able to seek justice at trial.
When It Is Too Late to Get a Raleigh Car Accident Lawyer
Some victims wait too long to connect with car accident law firms, and lose their opportunity for justice. Even worse, some decide it is too late on their own when they actually have grounds to go forward with their case.
Personal injury laws, including the statute of limitations, are complex. They include exceptions or implications difficult for those without a legal background to fully understand. A knowledgeable auto accident lawyer from Ricci Law Firm knows these laws and their implications inside and out, and we may find a path toward justice for you.
When the Legal Timer Starts Ticking
That legal three-year timer may or may not start on the date of your accident. As stated in North Carolina Statute 1-52 (16), the statute of limitations does not start running “until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.”
This means the timer starts when you realize you have been injured, your property has been damaged, or when you should have reasonably come to that realization. The law may allow for some delay in recognizing injuries, and some serious injuries do take time to show. It also allows some room for arguments regarding when you, or any victim, should “reasonably” recognize your injuries or other damages.
When the Statute of Limitations May Be Tolled
To “toll” the statute of limitations is to delay hitting the start button on that legal timer. The North Carolina General Statutes Article 3 establishes provisions for that delay. Tolling the statute of limitations may be warranted if the:
- Claimant (the victim) is a minor when injured: Victims under age 18 cannot file a civil claim on their own behalf. Tolling pauses the timer until they reach that age.
- Claimant is disabled or otherwise incapacitated: Victims experiencing mental incompetence may see the deadline tolled until they are capable of participating in the process.
- Defendant (the negligent party) is incarcerated: When in prison, defendants likely cannot participate in a civil court process, and the toll is only lifted after their release.
- Defendant is out of state: A defendant may flee the state to avoid paying the consequences of their actions. The timer begins ticking when the defendant is located.
- Claimant is in the military: If a victim is on active duty in the military, they may request to toll the statute of limitations until they are no longer serving in this capacity.
- Victim seems to have experienced recovery but then learns that is not the case, and their injuries have not fully healed. Tolling for this reason, though, is not especially common.
Do not risk losing the chance for justice by assuming it is too late for you to get an attorney or file a claim. A Raleigh car accident attorney will analyze all aspects of your case to make sure there is no missed opportunity for justice.
When You Should Get an Attorney for a Car Accident
There are a variety of reasons to connect with an auto accident law firm immediately after your car accident. Though it may seem that adding another call to your post-accident do-to list will add to your stress, reaching out to Ricci Law Firm will ultimately to the opposite. Since you do not have to pay for the case review, you do not incur any financial risk in making the connection. Once we take your case, we handle all the details, legalities, and communication with insurance companies, so you can focus on recovery.
We Look for Evidence
Our experienced Raleigh car accident law firm will look for comprehensive and convincing evidence to prove your claim. We will track down witnesses and document their testimony. We will acquire available physical evidence from the accident scene and the cars involved. If nearby security or traffic cameras may have important footage of the event, we will send a preservation letter to keep that–or any other– evidence safe.
When you partner with our team soon after your accident, evidence collection is often more productive. It is easier to find witnesses, as their memories will still be fresh, and physical evidence is more readily available so we can take swift action to protect other important information.
We File on Time
You must file your injury claim against the party who caused your accident. To collect compensation, you must prove that the party’s negligence led to the accident, causing your injuries and damages. A prompt legal partnership gives your Raleigh auto accident attorneys time to carry out a thorough investigation of the accident, identify the negligent party, compile evidence to prove their fault, and file within the three-year deadline.
Filing on time helps avoid complications and works to get you compensated sooner. If you are concerned you have delayed too long in securing representation and have lost the chance to file, it is still in your best interests to have your case reviewed by a Raleigh car accident law firm.
We Talk to Insurance Companies
Remember, insurance companies are not on your side after your accident, but they will want to talk to you. Unfortunately, they can use just about anything you say against you. For example, they may ask you how you are feeling. Rather than going into the details, you might simply say, “I’m getting by.” They can use that statement to claim you are doing okay and do not need significant compensation. Protect yourself by having your attorney handle all conversations with insurance representatives.
We Know What Your Case is Worth
Different case factors determine the value of your car accident claim. Our Raleigh car accident lawyers will consider every detail when determining what your case is worth. Compensation typically includes recovery of or acknowledgment of the following:
- Medical expenses, including anticipated care. Your attorney will consult with your medical team when calculating future care costs based on your prognosis.
- Property damage. You deserve to recover the value of your damaged vehicle or other property.
- Lost income: During recovery, you will need time away from working and earning. If your injuries are permanently disabling, you may not be able to go back to work at all. Your auto accident lawyers will factor the amount of your lost future income and job benefits into the settlement demand.
- Other expenses: You may have to pay others to manage responsibilities you used to handle independently.
- Physical pain, disability, and disfigurement. Your pain and the lasting effects of your injuries matter. Experienced auto accident law firms know how to put a dollar amount on these kinds of losses.
- Emotional suffering and reduced quality of life. The trauma of an accident and its effects can have a profound impact on victims’ emotional well-being and enjoyment of life in general.
Victims do not always recognize the value of their losses, and if they have not partnered with a Raleigh auto accident attorney, may accept an insurance company’s fast, lowball settlement offer thinking it is enough–or at least the best they can hope for. Never accept a settlement without having experienced Raleigh auto accident attorneys review your case and the offer. Ricci Law Firm will give you the guidance you need to make the decision that is best for you.
We Know North Carolina’s Negligence Laws
The North Carolina Department of Insurance (DOI) tells victims what to do after a car accident. It also explains North Carolina’s contributory negligence laws. North Carolina is one of only a handful of states that still follows this strict, victim-unfriendly system for accident claims, and under it, victims are legally disqualified from pursuing damages if they bear even a small percentage of fault.
If you file a claim against a negligent party, and they accuse you of contributing to the accident, you need protection and aggressive defense from strategic, insightful Raleigh car accident attorneys. Though the negligent party bears the burden of proof for proving your contribution of fault, insurance companies are good at finding opportunities to support their accusation. Not all Raleigh car accident law firms are prepared to handle these accusations successfully. You can count on Ricci Law Firm to anticipate the other side’s maneuvers and work to compile evidence to deny their accusations and support your claim for justice. An early partnership with a Raleigh auto accident law firm is best. But never assume it is too late for justice. Ricci Law Firm is dedicated to upholding the rights of car accident victims, and if there is a way to get you justice, we will find it.
Sooner Is Better, But Never Assume You Are Too Late
If you have experienced a car accident recently or not-so-recently, reach out to Ricci Law Firm for a free case review. We offer an experience not all Raleigh auto accident law firms provide. When you partner with us, you get personalized, strategic, exceptional representation and a team dedicated to delivering the best possible resolution to your case.