If you have been injured through no fault of your own during a tailgating accident in Rutherfordton, you may be entitled to file a personal injury lawsuit. By doing so, you can potentially seek justice and compensation for experiencing injuries and other damages caused by your accident.
Your car accident may have left you with serious injuries, such as a traumatic brain injury (TBI). In fact, the Centers for Disease Control and Prevention (CDC) found in 2014 that the second leading cause of all TBI emergency department visits in the U.S. was motor vehicle accidents.
When plaintiffs experience injuries and damages from a car accident that was caused by the defendant’s negligence, they can look to the aid of a personal injury lawyer to help them gather evidence, prove negligence, and file their lawsuit within the statute of limitations.
At Farmer & Morris Law, PLLC, a Rutherfordton tailgating accident lawyer may be able to help you determine how much compensation you may be entitled to during a personal injury lawsuit. A Rutherfordton car accident lawyer may also help you fight to earn that compensation.
To learn more about working with a tailgating accident lawyer, call Farmer & Morris Law, PLLC in Rutherfordton today at (828) 286-3866.
Negligence and Liability During Car Accidents
The American Bar Association affirms that “a driver has a duty to use reasonable care to avoid injuring anyone he or she meets on the road.” If a driver did not conduct reasonable care and caused your accident, they may be found liable (or responsible) for your injuries.
When looking to prove negligence, a Rutherfordton tailgating accident lawyer from Farmer & Morris Law, PLLC may be able to help you gather evidence that proves the four elements of negligence, which include:
- A duty of care owed to the plaintiff
- Evidence proving that the defendant breached said duty of care
- Proof of damages and injuries suffered by the plaintiff
- Proof that the defendant’s actions caused the plaintiff’s injuries
There are several types of ways you can prove that the defendant acted negligently in causing your injuries. One piece of evidence you should always consider when building a personal injury case is medical documentation. If you have not yet visited a healthcare provider for your injuries, it is important that you do so.
Following your tailgating accident, you may be suffering unseen injuries, such as a TBI. Additionally, you will likely need to present medical documentation that proves you suffered an injury when presenting your case to the opposition or to a jury.
Aside from medical documentation, other evidence that may be useful to your case could include a police report, surveillance video, photographs from the scene, and more.
Personal Injury Statute of Limitations in North Carolina
In order to file a personal injury lawsuit in the State of North Carolina, you will likely have to do so within the state’s statute of limitations. Under G.S. 1-52, you generally must do so within three years of suffering an injury.
This means that you have up to three years to gather all necessary evidence and to present your case to the North Carolina courts. If you fail to submit a personal injury lawsuit within the statute of limitations, you may pose the risk of having your case dismissed by a judge.
There are several exceptions that may allow plaintiffs to have their lawsuit heard beyond the statute of limitations in North Carolina. According to G.S. 1-17, a plaintiff faced with a legal disability at the time of their injury may not initially be affected under the three-year statute of limitations time frame. Additionally, the time frame can toll when minors are involved.
Additionally, if a defendant leaves the state, the time frame may not apply. As stated under G.S. 1-21, if a defendant leaves the state for more than one year, this time may not impact the three-year statute of limitations ruling.
To learn more about filing a personal injury lawsuit under the statute of limitations in North Carolina, call Farmer & Morris Law, PLLC at (828) 286-3866.
Types of Damages You May Seek Compensation For
Victims of a tailgating accident may be left with a variety of damages, all of which can potentially be monetized and used to help you create a settlement figure. Some damages associated with a car accident during a personal injury may include, but may not be limited to:
- Future medical costs
- Current medical costs
- Lost wages
- Property damage
- Loss of consortium
- Emotional distress
- Limited earning capacity
- Pain and suffering
Seek Justice for Your Tailgating Accident with Farmer & Morris Law, PLLC
If you or a loved one in Rutherfordton has suffered injuries during a tailgating accident, a Rutherfordton tailgating accident lawyer from Farmer & Morris Law, PLLC can help to fight for compensation on your behalf, while you recover from your accident. Also you can contact Uber and lyft accident lawyers if you involved in taxi accident. Our law firm can help you build your case with evidence that supports your claim. We are also prepared to help you wade through North Carolina’s laws governing personal injury lawsuits.
To learn more about seeking compensation for your tailgating accident in Rutherfordton, call Farmer & Morris Law, PLLC at (828) 286-3866.