Raleigh Personal Injury Lawyer
When you’re injured because someone else was careless, what does justice look like? For clear guidance, a Raleigh personal injury attorney can explain that in North Carolina, justice looks like financial compensation. A personal injury claim is a demand for the financial compensation required to cover every loss you’ve suffered—from the stack of medical bills on your kitchen table to the wages you didn’t earn.
But there’s a catch.
North Carolina has a brutally strict rule for injury victims: contributory negligence. It means if you are found to be even 1% at fault for your accident, you can be barred from recovering a single dollar. This makes every decision, every statement, and every piece of evidence carry enormous weight.
At Maginnis Howard, we handle the legal battle so you can focus on your recovery. We understand how to build a case that anticipates and counters the tactics insurance companies use to assign blame. If you’ve been hurt, call us at (919) 526-0450 for a direct conversation about your case.
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Why Choose Maginnis Howard?
A Record of Standing Up for Our Clients
Our firm is built on a foundation of advocating for individuals and families in Raleigh and throughout North Carolina. We have a history of securing significant results for our clients, including multi-million dollar settlements and verdicts in difficult cases. Our experience includes handling claims against large insurance companies, product manufacturers, and other powerful entities.
Our Commitment to You
We approach every case with a commitment to personalized attention and a tireless work ethic. When you work with us, you can expect:
- A Free Case Review: We will evaluate your case at no cost and provide an honest assessment of your legal options.
- No Win, No Fee: We operate on a contingency fee basis. You don’t pay us anything unless we recover compensation for you.
- Direct Communication: You will have direct access to the attorneys handling your case and will be kept informed every step of the way.
Ready for the Challenge
While many cases are resolved through negotiation, we are always prepared to take a case to trial if that’s what it takes to pursue the best possible outcome. Our focus is on civil litigation, and we are dedicated to protecting the rights of our clients.
Understanding the Value of Your Personal Injury Claim
The goal of a personal injury claim is to provide financial support to cover the various losses an accident causes. This compensation is divided into different categories of “damages.”
Economic Damages: The Tangible Costs
These are the concrete, stack-of-paper losses. Every medical bill, every paystub showing lost hours, and every repair estimate has a number attached. This includes:
- Medical Expenses: All costs tied to your medical care, from the first ambulance ride to future physical therapy and treatments.
- Lost Income: The wages you’ve lost because you couldn’t work, plus the loss of future earning capacity if your injuries permanently alter your career path.
- Property Damage: The cost to repair or replace any property damaged in the accident, most commonly your vehicle.
Non-Economic Damages: The Human Impact
These damages, also called “special damages” compensate you for the ways the injury has affected your life beyond finances. This can include:
- Pain and Suffering: For the physical pain and emotional distress the injury and its treatment have caused.
- Loss of Enjoyment of Life: When your injuries stop you from participating in hobbies, family activities, and the pursuits you once enjoyed.
- Scarring and Disfigurement: For permanent physical changes that serve as a constant reminder of the incident.
Punitive Damages: A Measure of Accountability
Sometimes, a defendant’s behavior is so reckless or malicious that the court imposes an additional penalty. These are called punitive damages. They aren’t meant to compensate you for a loss but to punish the wrongdoer and discourage similar conduct in the future, as outlined in North Carolina General Statutes Chapter 1D. Accidents caused by drunk drivers are a common example where punitive damages might be pursued.
Where Accidents Happen in Raleigh
Raleigh’s Accident Landscape
In a recent year, Raleigh witnessed 15,905 car accidents, which led to 6,247 injuries and 62 deaths. That breaks down to more than 43 crashes and 17 injuries every single day.
Common Raleigh Accident Hotspots
While a crash can happen on any street, some areas in Raleigh are notorious for them. We frequently see different types of accidents occur at:
- Major Interchanges: The I-440 Beltline and its connections with roads like Capital Boulevard, Wake Forest Road, and New Bern Avenue are frequent collision sites due to high traffic volumes and difficult merging lanes.
- Busy Boulevards: Capital Boulevard and Western Boulevard are well-known hotspots, often because of the sheer amount of traffic and numerous stoplights.
- Other Noteworthy Intersections: Data has also shown that intersections like Poole and New Hope Road, Hammond Road at Tryon Road, and South Wilmington Street at East Davie Street have a high number of crashes.
Why Do These Accidents Happen?
Several behaviors consistently contribute to accidents on Raleigh’s roads:
- Distracted Driving: This remains a primary cause of collisions —especially texting while driving. In a recent year, distracted driving was a factor in over 17% of crashes in North Carolina.
- Speeding: Exceeding the speed limit dramatically reduces a driver’s reaction time. In a recent year, speeding was a factor in nearly 24% of all fatal crashes in the state.
- Impaired Driving: Driving under the influence of alcohol or drugs continues to be a serious issue, severely affecting a driver’s judgment and coordination.
- Failure to Yield: Many intersection accidents are caused by drivers who run red lights or fail to yield the right-of-way.
Types of Personal Injury Cases We Handle
We handle a wide range of cases, including:
- Motor Vehicle Accidents: The most common type of personal injury claim, involving car accidents, trucks, and motorcycle accidents.
- Premises Liability: These cases happen when someone is injured because of a dangerous condition on another person’s property, like a slip and fall.
- Medical Malpractice: When a healthcare professional’s negligence causes harm.
- Product Liability: When a defective product leads to an injury.
- Wrongful Death: When someone’s negligence results in a person’s death.
The injuries from these incidents can have devastating and long term effects on a person’s life. We frequently represent clients with back and spine injuries, neck injuries like whiplash, traumatic brain injuries, broken bones, and severe burns.
Key Deadlines and Legal Hurdles in North Carolina
Statute of Limitations
In North Carolina, you generally have three years from the date of the injury to file a personal injury lawsuit, according to N.C. Gen. Stat. § 1-52. For wrongful death claims, the window is even shorter: two years from the date of death. If you miss this deadline, your case will likely be dismissed forever.
Contributory Negligence: The 1% Rule
As mentioned earlier, North Carolina is one of the few states that adheres to pure contributory negligence. This legal doctrine, found in N.C. Gen. Stat. § 1-139, means that if you are found to be even 1% responsible for the accident, you are legally barred from recovering any compensation. An insurance company could use a minor mistake, like going one mile over the speed limit, to deny an otherwise valid claim.
How Insurance Companies Approach Your Claim
What You Should Do to Protect Your Claim
Their Goal is Not Your Goal
Insurance companies are businesses designed to generate profit. Their financial incentive is to pay out as little as possible on claims. This business model puts them in direct opposition to your goal of receiving fair compensation for your injuries.
Common Tactics to Anticipate
We see the same patterns case after case. Insurance adjusters may use certain strategies to reduce a claim’s value, including:
- Requesting a Recorded Statement: They may try to get you on record saying something that could be twisted to imply you were partially at fault, which could destroy your claim under North Carolina law.
- Making a Quick, Lowball Offer: An early settlement offer might seem like a relief, but it is almost always far less than your claim is truly worth and likely won’t cover your future medical care. Your lawyer can advise when to refuse a settlement offer and keep negotiating.
- Delaying the Process: By dragging out the claims process, they hope you will grow frustrated and accept a lower settlement out of desperation.
- Disputing Your Injuries: They may scrutinize your medical records or suggest your injuries aren’t as severe as you and your doctors claim.
Navigating Insurance Company Medical Assessments
The other driver’s insurance company may request that you undergo an “Independent Medical Examination” with a doctor of their choosing. These assessments could potentially be used to minimize injuries and question treatment necessity depending on how you answer the questions asked.
You are generally required to attend IMEs, but here’s what to be aware of:
- Bring a complete list of your symptoms and limitations – make sure to document all of your injuries
- Don’t downplay your pain or try to “tough it out”
- Answer questions honestly but don’t volunteer information
- Have your attorney review the examiner’s report for inaccuracies
Protecting Against Treatment Gap Arguments
Insurance companies will closely analyze your medical treatment timeline for gaps they could utilize to change the narrative. Missing appointments or stopping treatment early may be used to suggest that:
- Your injuries weren’t as serious as claimed
- You contributed to your own damages by failing to follow medical advice
- Your current symptoms aren’t related to the original accident
In North Carolina’s contributory negligence system, these arguments could potentially destroy an otherwise valid claim. Maintain consistent treatment even if you start feeling better, and always discuss treatment changes with both your doctor and attorney.
While your legal team builds your case, there are steps you should take to strengthen your position:
- Follow Your Doctor’s Orders: Adhere to all treatment plans and attend every follow-up appointment. This creates a clear medical record that documents the extent of your injuries.
- Keep All Records: Hold on to every receipt, bill, and piece of paper related to your accident and injuries.
- Maintain a Journal: Write down your daily experiences. Note your pain levels, the challenges you face with daily activities, and the emotional toll of the injury.
- Get the Police Report: This report is a key piece of evidence that provides an official account of the accident.
- Do Not Speak to Their Insurer: Let all communication with the other party’s insurance company go through your attorney.
- Stay Off Social Media: Be aware that insurance companies will look at your social media profiles for anything that might contradict your injury claims. A photo from a social gathering could be used to argue you aren’t as injured as you say.
Frequently Asked Questions About Raleigh Personal Injury Claims
The timeline for a personal injury case varies a great deal. It depends on the details of the accident, the severity of your injuries, and whether the case goes to trial. Some cases may be resolved in a few months, while more involved ones may take longer.
Most personal injury cases are settled out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, we are always prepared to take your case to trial to pursue the compensation you are owed.
If the at-fault driver has no insurance, you can still seek compensation through your own uninsured motorist (UM) coverage. North Carolina law requires all auto insurance policies to include this coverage.
We handle personal injury cases on a contingency fee basis. This means you pay no upfront fees. We only get paid if we successfully recover compensation for you, and our fee is a percentage of the final settlement or verdict.
Let Us Help You Move Forward
Our team at Maginnis Howard is here to provide the guidance and advocacy you need to protect your rights and pursue the full compensation available under the law.
Contact us today for a free, no-obligation consultation. Call (919) 526-0450 to speak with a member of our team.
Maginnis Howard Personal Injury Lawyer – Raleigh Office
Address: 7706 Six Forks Rd Suite 101,
Raleigh, NC 27615, United States
Phone: (919) 526-0450