All North Carolina personal injury claims are subject to NC’s statute of limitations law. The statute of limitations is in place primarily to prevent frivolous lawsuits and establish a time frame for reasonable duty of care responsibility for defending parties, but the truth is that many injuries are not necessarily immediately apparent. This means that injured victims should always act quickly when they do suspect there is a problem that may require financial compensation due to long-term impact. Still others file claims only to have them outright refused by the respondent insurance company when the primary negligent party is fighting the claim. Both scenarios are problematic for injured victims unless they move forward in the courts quickly following a claim denial or newly recognized injury. Filing any personal injury lawsuit requires comprehensive representation from an experienced and aggressive law firm, and the sooner they are retained the better the potential outcome.
Why Personal Representation Should Be Avoided
The novice injured party should never attempt handling their own personal injury claim for several reasons. Every respondent insurance company has its own internal team of claim defense attorneys who have any number of technical assertions they can use to end a claim quickly. This is especially true in North Carolina where the contributory negligence law is applied to every personal injury case. Any personal injury claim can be dismissed summarily if there is any material evidence of personal fault in causing the injury. As a matter of fact, even a 1% assignment of fault in causing any personal injury can result in a denied claim in the North Carolina court system regardless of whether it is an auto accident injury or a premises liability issue. The legal professionals from our North Carolina personal injury law firm understand this dilemma for those who are injured, and they also know how to craft a case avoiding any evidence of personal fault as the case is adjudicated.
Always Respond in a Timely Manner
Insurance companies are required by law to respond as soon as possible when evaluating any personal injury claim. The problem in North Carolina is that they are always looking for any sign of personal responsibility to deny the case quickly, which is a typical response. It is vital to contact legal counsel immediately. This is actually how insurance companies force claims into a formal court case. They are hoping the claimant will drop the issue and move on without compensation. An immediate claim denial will also be accompanied by a reason for the decision, which then gives a legal professional a direction in which to begin building an argument to be presented in a trial if needed. Claims that are denied based on minimal personal fault can often be contested in court, and it could even result in a separate case for bad faith negotiating on the part of the respondent insurance company under certain circumstances.
The Importance of Retaining a Personal Injury Attorney Quickly
Evidence can fade fast following any personal injury accident. Some cases require having witnesses testify on behalf of injured claimants. Many insurance companies will take as much time as allowable to wait before denying a claim, which is a tactic a personal injury attorney will expect and be prepared to force the respondent company to respond in a timely manner. Without solid legal representation, the company will take full advantage of the law and its knowledge of how it applies in a North Carolina injury case. Waiting too long to retain legal counsel does more than merely hurt the case. It can be the difference between being properly compensated or not receiving any financial compensation at all. Additionally, the statute of limitations can be “tolled” in some cases, which is effectively a stopping of the time clock, but it takes a legal professional to justify this suspension with the court.
Contact Our Personal Injury Law Firm
Procrastinating in filing a legal action following an accident injury claim not only runs the risk of being dismissed due to an expired statute of limitations, but it also sends a signal that the injury is not as serious as claimed. Serious injuries require serious attention. Never wait to file a personal injury lawsuit when you have a good case. Always contact our North Carolina personal injury law firm and let us conduct a full evaluation of your personal injury situation.