If you were hurt in a car wreck due to the negligent actions or intentional wrongdoing of another driver, you have a right to seek compensation for your losses. Our Wilmington, NC, car accident lawyers at Speaks Law Firm are here to help you navigate the complex legal system and fight for the money you deserve for your injuries. Representing individuals in Wilmington and surrounding communities, we have years of experience handling car accident claims and are recognized by national attorney ranking services as “professional, experienced and effective.”
From the moment you call us, we’ll strive to answer your questions and protect your rights. You have nothing to lose by calling us for help! To have your case reviewed, call, chat or fill out the form on this page.
Our attorneys fight for real results that will make a difference in our clients’ lives. If you’re entitled to compensation, we’ll pursue every dollar you deserve for your injuries and losses.
We believe everyone has a right to quality legal representation. That’s why our office works on a contingency-fee basis. You won’t owe us a dime unless we win for you!
Car accident injury compensation is intended to compensate you for your losses related to your injury, such as your medical expenses. Depending on the circumstances of your case, you may be entitled to other compensation, including, but not limited to:
When you work with the experienced attorneys at Speaks Law Firm, we will ensure you seek the maximum compensation amount you deserve.
Being involved in a car accident is a traumatic experience, especially when you’re dealing with serious injuries that prevent you from working. How will you pay your medical bills? When can you return to work? How will you continue to support your family?
The aftermath of a car accident can be chaotic and overwhelming but we want you to know that we’re here to help you face these burdens. Our legal team sees the devastating impact a car accident can have on an injured victim and their family every day. We understand what you’re going through and can guide you through this difficult time.
Our Wilmington, NC, car accident lawyers value our relationships with our clients. We’re a people-first law firm and always strive to put the needs of our clients before anything else. With our law firm, you’ll have a partner in pursuing your claim.
While no two accidents are the same, the most common car accident injuries include:
Car accidents can happen for a variety of reasons. Here are some of the most common causes of compensable car accidents:
The statute of limitation is the timeframe in which an individual has to file a lawsuit against another party. In North Carolina, the statute of limitations for personal injury lawsuits is three years from the date of the accident and injury. If you try to file a lawsuit after the deadline, you may be denied the right to compensation.
If your claim is taking a long time to settle, or you’re concerned about the impact your injuries may have in the future; it’s important to contact an experienced Wilmington, NC, car accident lawyer. At Speaks Law Firm, we represent good people through tough times, and we know the laws surrounding the statute of limitations in North Carolina. We can help ensure you don’t miss your chance of receiving the compensation you’re entitled to.
You’ll be at a disadvantage if you try to handle your claim on your own, especially while dealing with possible hospitalization, frequent doctors or specialist visits. Car accident injury claims are not only time-consuming but also require extensive knowledge of the law and how to proceed to ensure you get fair compensation.
Having a Wilmington, NC, car accident lawyer on your side is an excellent asset. An experienced attorney will be your loyal advocate by seeking the compensation you didn’t know you deserved, fielding calls from the insurance company, compiling evidence for your case on your behalf, and more. At Speaks Law Firm, we represent good people through tough times, and we’ll take on the burden of your case for you.
Car accidents happen every day for a number of different reasons. Listed below are some of the most frequent causes of wrecks we see. If you were involved in a similar accident, or any type of vehicle accident, due to the reckless behavior of another driver, our attorneys may be able to help.
Many of our clients deal with serious injuries that have a huge impact on their day-to-day lives. While no two accidents are the same, below are some of the most common injuries we see after car accidents. If you have suffered one of these injuries or any injury due to an accident that wasn’t your fault, please don’t hesitate to contact our office. You may be entitled to compensation.
Many car accident victims suffer broken bones. The rib cage is especially susceptible to breakage due to the position of the steering wheel. Broken bones can require surgery and result in months of pain and discomfort.
Head trauma happens often in car collisions. The impact of the crash can easily cause your head to hit the steering wheel, the side window, or any number of flying objects. This can lead to a serious concussion or even permanent brain damage.
During a car crash, your body may be thrown into unexpected positions, which can cause back and spinal cord injuries. These injuries are often serious and can lead to lifelong disabilities.
Whiplash is one of the most common soft tissue injuries that results from car accidents. When the head is jerked suddenly from one direction to another, the soft tissue in the neck and upper back can become injured, leading to whiplash. However, symptoms for this injury may arise days after a crash.
A car crash can cause deep cuts or lacerations due to the large amount of broken glass and flying objects. Serious lacerations can result in a loss of blood that may lead to other serious health concerns.
The statute of limitations is a law that governs the amount of time an individual has to file a lawsuit against the other party.
In North Carolina, the statute of limitations for personal injury lawsuits varies between two and three years. This means that dependent upon the specific details of your case, you have either two or three years from the date of your injury to file a lawsuit against the responsible party for damages.
While most car accident claims are able to be settled before filing a lawsuit becomes necessary, it’s important to be aware of the statute of limitations deadline in the event that a fair settlement cannot be reached and you need to take your case to court.
Our attorneys know the laws in North Carolina that can affect your claim. We can help ensure you don’t miss your chance of receiving any compensation you deserve.
In the event of an accident that wasn’t your fault, you have the legal right to seek compensation for your losses. However, you will have to prove the other party was acted negligently in order to win compensation for your damages.
In order to prove negligence, you must:
Proving negligence can be very difficult without the help of our Wilmington, NC, car accident lawyers. We have years of experience in building successful cases on behalf of our clients. Call us to find out how we can help you.
Contact us for a free case review. If you have a case, we’ll get to work building the strongest claim possible.
We’ll gather all the necessary evidence for your claims, such as witness statements and medical bills on your behalf, so you can focus on recovering.
Most cases are settled out of court, but if we need to go to court to protect your right to fair compensation, we’ll represent you and handle everything on your behalf.
We’ll go over your offers with you. If you accept a settlement, we’ll get you your check as soon as possible.
The driver who causes an auto accident is responsible for the harm he causes. In car wreck cases, harm usually comes in the form of property damage and bodily injury. The driver’s auto insurance company has employees who are responsible for “handling” claims for the insurance company. The employees are called insurance adjusters.
The responsible driver’s insurance company will assign one insurance adjuster to the property damage claim. A different adjuster will be assigned to any injury claims. The property damage adjuster will determine what amount to give you for the damage to or loss of your vehicle. She will also determine whether you should get a rental car.
It is important to remember that the insurance adjuster works for the insurance company. The insurance company pays her salary. Her job is to resolve claims in the best interest of the insurance company. An adjuster will often say, “It is our policy to...“
The law requires the responsible party to pay for the damage caused by their insured driver regardless of their internal policies. However, some of the laws that relate to property damage and injury claims are tricky. Health insurance, third party payors, liens, and other issues complicated the process. It gets even more complicated when there is more than one insurance company involved. This issue often arises when your vehicle is totaled, when you need a rental car, or when there is more than one driver at fault.
You may be able to handle the property damage component of your claim yourself. The insurance company should pay the cost of restoring your car to its pre-accident condition. If your car was totaled, you can determine the value through various on-line auto valuation sites. If the damage for your car was greater than 25% of its value, then it must be reported on the vehicle title and you may have an additional claim for deminution in value.
Although you can handle the property damage claim yourself, we prefer to take care of it for our auto injury clients. The laws can be confusing. The adjusters have greater knowledge and experience than most people do in dealing with these types of issues. In addition, it is always hard to know if you are being treated fairly unless you deal with these claims frequently. Normally, we do not charge a fee for handling this part of an auto injury case.
If you have questions about your property damage or car rental after an auto accident or injury in North Carolina, pick up the phone and give us a call. We work with people from Charlotte to Wilmington, North Carolina. If we cannnot help you, we may be able to refer you to a good lawyer in your area. You can also chat with an operator 24/7 about your case.
Most auto collisions are caused by the inattention of one or more of the drivers involved. The responsible driver is usually cited by the investigating officer. The citation shows what the responsible driver did to cause the collision. It is important evidence that shows who is responsible for the collision and why they are responsible. You and your lawyer should review the citation.
Also, the responsible driver will have to address the citation in court. The responsible driver may pay the citation, go to court himself, or hire a lawyer to go to court for him. It is also important to review the court file for the citation. It may contain an admission of liability or other evidence that is helpful to your auto injury claim.
Auto collisions produce two types of claims. You may have a claim for property damage resulting from damage to your car. You may also have a separate claim for personal injury resulting from injuries to your body. The focus of this article is on the resolution of property damage claims. There are other articles on this site that are devoted to auto and other injury claims.
Property damage claims are based upon the principle that people should pay for the damage caused by their mistakes. A person who causes a wreck by inattention is responsible for paying for the resulting damage. Most people don’t have money available to pay these types of unanticipated expenses. The law requires drivers in North Carolina to purchase auto liability insurance coverage. The insurance will pay for the damages caused by its insured drivers.
The insurance company for the responsible driver will assign an adjuster to each claim. If there is more than one insurance company involved, there may be more than one adjuster. Each adjuster involved is responsible for resolving the claims in the way that is best for his or her employer-the insurance company.
Property damage claims used to be straightforward and uncomplicated. The insurance company is responsible for putting you back into the same position financially that you were before the collision. That means they must pay to have your vehicle repaired or replaced. They may also be required to pay for a rental car for a reasonable period of time after the collision.
Like everything, these claims have grown more complicated over time. Below are some of the issues that arise with increasing frequency regarding property damage after an auto collision?
• Am I eligible for a rental car?
• What kind of rental car can I get?
• How long can I keep the rental car?
• What about the personal items that remain in my car?
• I have three kids, are we supposed to squeeze into a compact car?
• Should my car be repaired or replaced?
• Where can I take my car for repairs?
• How do I know that my car will be repaired correctly?
• What should my insurance pay?
• What should their insurance pay?
• My car was severely damaged. It is worth less money even after repair. Who pays for that?
These questions must be addressed at an early stage of the claims process. Historically property damage claim were usually resolved without incident. However, your discussions with the adjuster regarding property damage can have dramatic, negative and unexpected consequences. See the attached article.
Some of these issues arise in almost every case. I could write an entire book on how to deal with these issues. Instead, I would prefer to handle your property damage claim for you. We can make sure that your property damage claim is resolved fairly.
We provide this service (valued at $500.00 or more) for free when we handle your auto injury claim. We do this so that you will not make any mistakes trying to “do it yourself”. These mistakes can reduce or eliminate the value of your claim for personal injuries.
If you have questions about this or anything else relating to your auto injury claim, give us a call at (910) 341-7570.
If you have been injured in an auto or truck accident, the insurance adjuster has information that you do not have. Insurance adjusters are knowledgeable and experienced. They are not necessarily bad people, but their interests are in conflict with yours. The adjuster will use that information, knowledge and experience for the benefit of his or her employer. His or her employer is the insurance company. The insurance company makes more money if they pay you less for your claim. Level the playing field a little by learning some of what they know.
In determining the value of your claim, you must take the facts of your case and look ahead. You imagine what a jury would award if it heard the facts of your case after a trial. This is the process in every case, even if your case never goes to trial. And, if your case is set up correctly from the beginning, you may very well avoid court altogether.
In general, more serious injuries with greater medical bills produce higher settlement values than less serious cases with lower medical bills. Also, insurance companies will pay more for cases involving permanent injuries or death as long as these cases are properly diagnosed, treated and documented from the very beginning.
The process for calculating the value of a particular case has grown more complicated over the years. Twenty-five years ago, injury lawyers used a very basic calculation to estimate the settlement value of a case. We would calculate the medical bills. Then we could demand three times medical bills as a settlement for the claim. The use of computers has changed that process forever.
Insurance companies now use computer models to calculate the value of your case. Claim data is entered into the computer, and the computer gives an estimated value or a range of values. The insurance adjuster’s settlement authority is derived from that estimated value or range.
The use of this computer model has changed the way settlement values are calculated. More importantly, this process has changed the way we prepare and present a claim. Our settlement demands are much more thorough, complete and comprehensive these days.
Today, in order to get a fair settlement for an injury case, we must identify the positive settlement factors that apply to your case. We cannot just describe these factors over the phone to the adjuster. The adjuster may listen politely. He may ignore these factors in the claim evaluation. We must document the factors and support them with credible legal, factual or medical evidence.
In addition, we must avoid negative factors. An example of a negative settlement factor is “pre-existing medical condition". Adjusters and health insurance providers may use these negative factors to reduce the value of your claim. We may have to provide legal, factual or medical evidence to demonstrate that a particular negative settlement factor does not apply to your claim.
Below you will find 15 questions. The answers to these questions can directly impact the value of your auto injury claim.
1. Do you have a respected lawyer?
2. Was the collision clearly someone else’s fault?
3. Was the other driver ticketed?
4. What are your medical bills?
5. What are the nature and extent of your injuries?
6. Should you expect future medical expenses?
7. Have you lost income as a result of your injuries?
8. Have any of your bills been paid by a third party, such as health insurance or Medicaid?
9. Are there liens against the proceeds of your case that you are responsible for paying?
10. Is there any permanent injury or loss of use of a particular part of the body?
11. Did you have any pre-existing injuries?
12. Did you have any particular susceptibility to injury?
13. Was the responsible driver driving for his or her employer at the time of the collision?
14. What are the limits of the responsible driver’s insurance policy?
15. Do you have any insurance coverage that may pay for some of your injuries?
There are many other factors that may apply. It is worth repeating that these factors should not be addressed orally over the phone. The adjuster may acknowledge your assertion and then ignore it from the settlement calculations. Each factor must be supported with evidence or documentation.
In addition, all injury lawyers say they are aggressive. You have heard the ads, right? However, as you can see here there is more to this process than being aggressive. In fact, a hyper-aggressive attorney can result in the unnecessary trial of your case.
Securing a fair settlement is not magic. You don’t get fair compensation because of whom you know. Fair compensation is not the product of intimidation, “smooth talking,” or “bulldogging.” Insurance adjusters are too smart and sophisticated to be bullied by a overly-aggressive lawyer. Fair settlements are the result of knowledge, experience, organization, diligence and determination. It is both an art and a science.
For the insurance company, this is not a moral analysis. They have little incentive to “do the right thing”. Insurance companies are businesses. Businesses have a purpose. The purpose is to maximize profits. For them this is a mathematical analysis. What is the smallest amount of money we can pay to get rid of this claim? Your claim is an expense. They maximize profits by minimizing how much they pay you.
It may sound like going through this process complicates your claim. It does not. It simplifies and clarifies the processes. Claims that are properly documented, settle much more quickly and for much more money. We can show the insurance adjuster each of the positive settlement factors that apply to your claim. We can show why negative factors should not apply. We can do this by making sure that your case is properly diagnosed, treated and documented from the beginning. Call (910) 341-7570 now for a free consultation with experienced professional. There is no obligation. Or click follow this link for additional information about finding the right injury lawyer.
Call us at (910) 341-7570. Ask all the questions you can think of and then decide if you feel like an attorney will help. After you have all of the information, you will be in a better position to decide. The consultation is free. There is no obligation.
We approach each case like it is our only case. We look at each case like an individual corporation. Corporations do two things: maximize revenue and minimize expenses. We maximize the revenue by negotiating the highest settlement offer. Then we minimize the expenses by negotiating the lowest possible payments to medical providers and lienholders. That is how we can get the most money for you, the person who was affected most by the accident. We follow this procedure in every injury case.
Yes. It is about money, but not because we are greedy or because we want you to have something for nothing. It is about money because you have bills, liens and loss. It will take money to pay the bills, satisfy the liens and compensate for your loss.
Contrary to what T.V. programs would have you believe none of our clients are trying to recover something for nothing. We do not represent people who say they were injured when they are not. We do not represent people who try to exaggerate claims or defraud insurance companies. We represent good people who were legitimately injured by careless people in real accidents.
If my son throws a baseball through our neighbor’s window, what should he do? Should he pull his cap down over his eyes and sneak off to the garage? No. He should knock on the door and say, “I am sorry”. He should pay to fix the window. He should pay for the materials, the labor and the clean up. He should not have to pay to fix a clogged drain, a squeaky door, or a missing shingle, but he should pay for the damage he caused. It is the same with car and other accidents.
The law requires the person who caused the wreck to pay for the damage. The law requires drivers to purchase insurance so that if a driver hurts someone by accident while driving, he or she will not be financially devastated by an honest mistake. If it was not a simple honest mistake, the responsible driver may face criminal prosecution for illegal conduct.
I cannot repair cracked collar bones, fractured fibulas or torn connective tissue. I cannot make injured people well again. You will need talented medical professionals to do that. Those medical professionals, talented as they may be, do not work for free. Medical treatment costs money. And, what if there are future medical expenses? What if you miss work? What if you have a permanent scar or some type of permanent disability? What if you cannot run again? Or walk? What about the pain that you have experienced following the accident, the treatment and the recovery? The only tool that exists to address these unfortunate yet inescapable consequences is money. It is my job to get enough of it to pay for these damages.
For the insurance company, it is entirely about money. They will pay the smallest amount they can possibly get away with in every case. For them, this is math problem; not a moral dilemma. It is the job of every insurance adjuster to save money for the company by paying out the least amount possible for claims. Insurance companies, like other companies, are obligated to their shareholders to maximize revenue and minimize expenses. Premiums payments produce revenue. As an injury claimant, you are an expense. The recorded statement they ask you to provide will reveal their intentions if you know where to look.
First, we look at all possible sources of recovery including owner’s policy, driver’s policy, employer’s policy, victim’s policy, worker’s compensation policy, umbrella policy, other policies and individual assets. Then we gather information that is legally and factually relevant to the claim. We present it in a way that is compelling and specifically designed to match with the computer valuation models used by insurance companies to assess claim value. Finally, we add context to tell your story and how you were affected by the accident.
Almost every injury claim settlement will involve expenses. Medical providers who advance services may have liens. Health insurers like Blue Cross, Medicaid, Medicare, Tri-Care and others may have liens, as well. There may be other liens, costs and expenses that arise. We have legal tools and experience to negotiate these lien amounts to help us achieve our goal of fair compensation.
The insurance company is going to gather information about these liens. They are legally required to satisfy the lien before they pay any money to you. They will ask you to sign a medical release so they can get this information. Will there be anything left for you after these liens are satisfied? Is it wise to take that chance?
Attorney fees in injury cases are generally structured the same from one law firm to another. The consultation is free. There is no fee unless we recover money. The fee is calculated as a percentage of the recovery. The percentage may be different from firm to firm, and it increases if the case goes to court. This is because of the additional time, energy, expertise and risk associated with court. You do not have to pay the fee in advance. Instead, the fee will be deducted from your settlement proceeds.
It makes sense to use an attorney if you will receive more money with an attorney than you would without an attorney.
You want to make sure of two things. First, you want to make sure that your attorney can maximize the value of the claim and minimize the expenses. Second, you want to make sure that your attorney charges a reasonable fee. (Remember the attorney fee is charged at the conclusion of the case as a percentage of total recovery.)
You are better off with the right attorney. The right attorney can maximize the claim, minimize the expenses and charge a reasonable fee. That will lead to fair compensation. This is true whether your injuries are catastrophic or minor. Call for more information. (910) 341-7570.
Regardless of the circumstances of the accident, it’s important to remember that insurance companies are protecting their bottom line. If you speak to the insurance company, you might accidentally say something that could hurt your case or your total compensation. Avoid speaking to the insurance company yourself, and direct the calls to your lawyer. Don’t rush to do anything the insurance company tells you to do until you speak with your lawyer.
In North Carolina, vicarious liability means an employer can be held legally responsible for the damage an employee causes while on the job. In car accident cases, this may include delivery drivers or employees running errands on company time. Therefore, if your car accident involved an employee who was working during the accident, you may be able to seek compensation from their employer. However, these cases can be complicated, so it’s best to hire experienced attorneys like the team at Speaks Law Firm to help you seek the compensation you deserve. We represent good people through tough times, and we’ll do all that we can for you.
If you’re injured in a car accident, your medical payments coverage will help with medical expenses depending on your policy, and your health insurance may cover some of your expenses as well. If your case reaches a settlement, your Speaks Law Firm car accident attorney will make sure you and your health insurance are reimbursed for your medical expenses.
If your claim exceeds the at-fault driver’s auto insurance policy limits, your attorney will look for other policies that apply to help you seek the money you need. You may also be able to sue the at-fault driver for the remainder of your losses.
You can still seek compensation from the at-fault driver for your accident-related injuries, even with a pre-existing condition. Your compensation may be reduced, or you may be able to hold the at-fault driver accountable for aggravating the condition. These cases can be complex, so it’s best to hire an attorney to help you build as strong a case as possible.
Car accidents with minor injuries may seem straightforward, but some injuries take days, weeks, or months to manifest. If you assume an injury is minor and accept a settlement offer, you could end up with a more severe injury and mounting medical bills later on. Because of this, hiring an experienced attorney is the best way to get fair compensation for your injuries. Experienced Wilmington, NC, car accident lawyers, like our team at Speaks Law Firm, understand injury timelines and will make sure you seek full compensation for your current and future expenses. We represent good people in tough times. We’ll fight for your rights after your car accident injury.
Most car accident claims never need to go to trial. However, if a fair settlement cannot be reached during negotiations, you may need to file a lawsuit and take your case to court. Should this happen, our attorneys at Speaks Law Firm are experienced trial lawyers who won’t back down. We can prepare you for trial and represent your best interests to the full extent of our power.
No two clients or cases are the same. For this reason, it’s difficult to know how long it may take to reach a settlement agreement. However, we understand that your case is urgent. That’s why we always strive to work quickly and efficiently towards the best possible resolution for your case.
While you aren’t required to hire a lawyer, having legal representation when you file a car accident claim can be extremely beneficial. Insurance adjusters are not your friend and will likely attempt to pressure you into settling for less than you deserve. Our legal team has been battling insurance companies for years and is familiar with their tactics. With our law firm on your side, not only will the legal process be easier for you but you’ll also have the best chance of receiving the maximum amount of compensation possible from the insurance companies.
It is difficult to know how much your case may be worth without first reviewing all of the details. Generally, we calculate the worth of a claim by considering all of your medical bills and other expenses related to your accident. However, there are many other factors that determine the true value of your case.
Yes! A police report can serve as a valuable piece of evidence that may support your claim later on. The insurance adjuster assigned to your claim will likely review the police report to help them determine who is liable for the accident.
Knowing what to do after being hurt in a car wreck can be difficult. Keep the following tips in mind to support your claim and protect any amount of compensation you may be entitled to receive: