Wilmington Car Accident Lawyer for You

A typical drive through Wilmington, perhaps down Oleander Drive or Market Street, can become anything but routine in a matter of seconds. When another driver’s mistake leads to a crash, your world may suddenly be filled with stress, pain, and uncertainty. And if you’re left to deal with the consequences, such as injuries and a growing stack of medical bills, you may feel overwhelmed.

You do not have to handle this alone. If you were hurt in a crash that wasn’t your fault, a Wilmington car accident lawyer from the Law Offices of James Scott Farrin can provide the guidance you need. We are committed to helping injured people seek justice.

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Why Choose the Law Offices of James Scott Farrin for Your Wilmington Car Accident Claim?

When you are choosing a Wilmington car wreck attorney to represent you, experience can make all the difference. At the Law Offices of James Scott Farrin, we combine the resources of a large firm with the personal attention you would expect from a small practice. We have recovered over $2 billion total for over 73,000 clients since 1997. And counting.¹ We are ready to fight for you, too.

Here are a few reasons why so many people in North Carolina have trusted us with their car accident cases:

• A Formidable Team: Our team includes many attorneys who are North Carolina State Bar Board Certified Specialists in their fields. We also have former insurance adjusters and insurance defense attorneys on staff, giving us valuable insight into how the other side operates.
• A Strong Track Record: We fight to get our clients as much compensation as possible, as quickly as possible. We recovered over $240 million total for over 5,000 clients in 2024 alone.¹ Our results speak for themselves.
• Our You-First Policy: We put our clients first. This means we return your calls, answer your questions, and keep you updated on the status of your case. The Law Offices of James Scott Farrin works on a contingency fee basis, with no upfront or hourly costs –and you pay no fee at all unless we recover compensation for you. Guaranteed.²

Our goal is to provide excellent legal representation, one client at a time. And we will take your case only if we believe we can get you a better result than you would get on your own.

Who Pays for Your Injuries After a Wilmington, NC Car Accident?

North Carolina operates under a traditional fault-based system, often called an “at-fault” system. In simple terms, this means that the driver who is responsible for causing the accident is also usually responsible for paying for the damages that result. Damages may include injuries, lost wages, and pain and suffering.

Potential compensation is paid through the at-fault driver’s liability insurance policy. North Carolina requires all drivers to carry a minimum amount of liability insurance coverage. Effective July 1, 2025, the minimum coverage requirements are:

• $50,000 for bodily injury to one person
• $100,000 for total bodily injury to all people in an accident
• $50,000 for property damage

Also beginning July 1, 2025, underinsured motorist (UIM) coverage is now included in all new or renewed policies. Your UIM generally kicks in if the at-fault driver’s insurance isn’t enough to cover your bills. For example, if your medical bills are $100,000 and the at-fault driver only has a $50,000 policy, you can likely use your own UIM coverage to help cover the remaining $50,000.

While these required minimums are now higher than in the past, many drivers carry even higher policy limits. A thorough investigation into your case involves identifying all potential insurance coverage.

Keep in mind that proving fault in North Carolina can be extremely challenging. Any small mistake or misstatement on your part could seriously harm your case. This is one of the most critical reasons to have a skilled attorney on your side to protect your rights and build a compelling case for you based on the evidence.

Should I Accept the First Offer from the Insurance Company After a Car Accident?

Generally, it is not advisable to accept the insurance adjuster’s first offer. After a car wreck, you will likely be contacted by an adjuster from the at-fault driver’s insurance company. The adjuster may seem friendly and concerned, and they might make a quick settlement offer. While it can be tempting to accept the money and move on, the first offer is often far less than what your claim may truly be worth.

Most insurance companies are for-profit businesses. Their primary goal is generally to protect their bottom lines. They know that you are likely stressed, in pain, and worried about paying your bills. Some may try to use this to their advantage by offering a fast, lowball settlement before you know the full extent of your injuries and losses. We’ve seen it far too many times.

Accepting a settlement offer is usually final. Once you sign the release, you typically also give up your right to seek any further compensation for that accident, even if your injuries turn out to be more severe than you initially thought. You may face unexpected future medical needs, such as:

• Additional surgeries
• Long-term physical therapy
• Prescription medications
• Chronic pain management

Before you accept any offer or sign any paperwork from an insurance company, it is highly advisable to discuss your case with an experienced car accident attorney in Wilmington. Your case evaluation is completely free.

We can help you calculate the potential full value of your claim, including future expenses, and then negotiate with the insurance company on your behalf to fight for a fair settlement.

Who May Be Held Liable in a Car Crash in Wilmington?

When the other driver is the primary at-fault party in a car accident, they may not be the only one responsible. A detailed investigation may reveal that other individuals or entities share responsibility for the crash. Identifying all potentially liable parties is crucial because it can increase the number of insurance policies potentially available to cover your damages.

Depending on the circumstances of your Wilmington car crash, liability could extend to:

• The Other Driver: This is the most common scenario, where a driver’s negligence — such as texting while driving, speeding, or running a red light — causes the accident.
• The At-Fault Vehicle Owner: Sometimes the owner of the vehicle driven by the at-fault driver can share liability for the accident.
• The Driver’s Employer: If the at-fault driver was working at the time of the crash (e.g., a delivery driver, a salesperson on a call, or a commercial truck driver), their employer could be held liable under a legal principle called respondeat superior.

Our legal team has the experience and extensive resources to conduct a comprehensive investigation into your Wilmington car accident. We can seek to uncover the facts and identify every party that may be responsible for any harm you have endured.

Compensation Available in a Wilmington, NC Car Accident Lawsuit

If you have been injured in a car accident caused by someone else’s carelessness, you may be able to seek compensation for a wide range of harms and losses. The legal term for these losses is “damages.” The goal of seeking damages is to try to make the injured person “whole” again from a financial standpoint.

Every case is different, but possible compensation in a North Carolina car accident claim generally falls into two main categories: economic damages and non-economic damages.

Economic damages are tangible financial losses that can generally be calculated and proven with bills, receipts, and financial records. They often include:

• Medical Expenses: These cover expenses ranging from the initial ambulance ride and emergency room visit to hospital stays, surgeries, doctor’s appointments, prescription drugs, and physical therapy. It can also include anticipated future medical costs.
• Lost Wages or Income: If your injuries prevent you from working, you may be able to recover the income you have lost.
• Loss of Future Earning Capacity: If your injuries are so severe that they permanently affect your ability to earn a living or require you to take a lower-paying job, you should seek compensation for this loss of future income.

Non-economic damages are intangible losses related to the impact the injuries may have had on your life. While more subjective and harder to calculate, they are just as real. They can include:

• Pain and Suffering: Compensation may be sought for the physical pain and emotional distress you have endured because of your injuries.
• Emotional Anguish: This can cover issues like anxiety, depression, fear, and sleep disturbances resulting from the trauma of the accident.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or relationships that you once enjoyed, you may be owed compensation for these losses.

An experienced Wilmington car accident lawyer can carefully evaluate all of the losses you may have suffered to help determine the potential full value of your claim and fight for the maximum compensation possible on your behalf.

Proving Negligence in Wilmington Car Accident Cases

In North Carolina, the foundation of nearly every car accident claim is the legal concept of negligence. In simple terms, negligence means that someone acted carelessly or failed to act with reasonable care, and their actions caused harm to another person. To build a compelling case, our attorneys gather evidence to try to prove four key elements.

1. Duty

We must first establish that the other driver owed you a “duty of care.” This is usually straightforward in car accident cases. Drivers on the road have a legal responsibility to operate their vehicle safely and obey traffic laws. This duty includes paying attention, driving at a safe speed, and yielding the right of way.

2. Breach

Next, we must show that the driver breached, or violated, that duty. This can be an act of carelessness such as texting while driving, speeding through a school zone on Racine Drive, running a stop sign, or driving under the influence of alcohol or drugs.

3. Causation

The third element is proving that the driver’s breach of duty was the direct cause of the accident and your injuries. It’s not enough that the driver was careless; that carelessness must be the reason you were hurt. For example, because the driver ran a red light, they crashed into your car, and the force of that impact caused your injuries.

4. Damages

Finally, we must demonstrate that you incurred actual damages — physical, emotional, and/or financial losses as discussed earlier — due to the accident. This can be proven through medical records, bills, employment records, and/or expert testimony.

Our team knows how to gather evidence to try to prove each of these elements, including police reports, witness statements, accident scene photos, and, if needed, testimony from accident reconstruction experts.