Personal Injury

When you’re hurt due to someone’s negligence, what do you do?

Learning about your rights is a good start. We can help you seek the compensation you may deserve.

When you’re hurt due to someone’s negligence, what do you do?

Learning about your rights is a good start. We can help you seek the compensation you may deserve.

PERSONAL INJURY OVERVIEW
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This page refers to Personal Injury law in North Carolina.

Since laws differ between states, if you are located in South Carolina, please click here.

Put Our Experienced North Carolina Personal Injury Attorneys to Work for You

Experience matters. When you’re hurt, our team of North Carolina personal injury attorneys is ready to answer your questions and guide you down a path we know well:

  • Our attorneys have helped tens of thousands of personal injury victims and have more than 150 years of combined legal experience.1
  • Many of our attorneys are recognized professionals in the personal injury field. They teach seminars for other attorneys, serve as contacts for the media, and one literally helped write the book – part of the North Carolina Personal Injury Liens Manual.
  • Several team members previously worked as defense lawyers and claims adjusters for insurance companies. We understand their motivations and tactics.
  • Every year since 2006 two of our personal injury attorneys have been recognized by North Carolina Super Lawyers Magazine,3 and since 2008 one has been selected for inclusion among The Best Lawyers in America©.3 In 2016 that same attorney also achieved Best Lawyers in America’s3 “Lawyer of the Year” designation for the Raleigh area. Two of our lawyers were selected to be included among the “Legal Elite” in Business North Carolina Magazine3 in 2015 and 2002.

Put experience on your side. Learn more about our NC personal injury attorney team.

Law Offices of James Scott Farrin Recognized by Best Lawyers 2020 logo
Million Dollar Advocated Forum logo
The National Trial Lawyers Top 100 logo
Best-Law-Firms 2021
Super Lawyers 2020 logo
Board Certified Specialist by the North Carolina State Bar logo

How Is Personal Injury Defined in North Carolina?

A personal injury is any physical or mental injury to a person resulting from another’s harmful act or negligence. Every day, people in North Carolina are injured – sometimes it’s by other people, sometimes it’s by a company or organization, and sometimes it’s even by a government agency. Deliberate actions cause injuries, and the failure to act can also cause injuries.

Regardless of how you are injured and who injured you, North Carolina personal injury law is designed to protect you and hold the person responsible for the negligence by helping you recover damages when you have been harmed as the result of intent or negligence.

A personal injury claim exists if the following four conditions are met:

  • Duty to exercise reasonable care For example, all drivers must obey traffic laws. The rules of the road are a duty we owe each other.
  • Failure to exercise reasonable care – If Driver A runs a red light, he is failing to exercise reasonable care by not following the traffic law to stop at red lights.
  • CausationDriver A then hits Driver B’s car because he did not stop at the red light. His failure to stop caused this crash, and the impact fractured Driver B’s leg and dented his car badly.
  • Damages Driver B’s car needs repairs and his fractured leg requires surgery (damages).

Often when a personal injury occurs because of someone else’s negligence, you can recover compensation for damages suffered. Our experienced North Carolina personal injury lawyers are highly skilled and committed to helping our clients try to recover as much financial compensation as possible for their injuries. This experience is particularly helpful when you or your loved one has sustained a serious or debilitating injury.

What Are the Different Types of Personal Injury Cases in North Carolina?

There are many different types of personal injury cases handled in North Carolina. A large percentage of personal injuries happen at work or on the road, and we have dedicated teams of lawyers who only work with clients who have been injured in these types of cases:

Common Types of Personal Injury Cases in North Carolina

Gold car crashing into another car. Car Accidents Dark blue car and motorcycle crash icon. Motorcycle Accidents
Dark blue car and truck crash icon. Trucking Accidents Dark blue wine glass and car key icon. DWI Accidents
Dark blue construction helmet being injured by electricity. Workers’ Compensation

Less Common Types of Personal Injury Cases in North Carolina

However, a personal injury case can be any situation where someone is hurt, and another party is at fault. The more unique the situation or the amount of potential damages, the more important it is to find an attorney who can give your situation the care and attention it deserves.

We have lawyers that handle nuanced cases, such as:

We’re proud to have helped thousands of people restore balance back to their lives and get compensated for their injuries, medical care, and loss of income.1 Call our offices today at 1-866-900-7078 and get a free evaluation about your specific case.

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What Do I Do After a Personal Injury Accident in North Carolina?

If you are injured in North Carolina, there are five important things to focus on:

  • Don’t delay in getting medical attention.
    If you don’t seek medical treatment soon after your injury, insurance companies can attempt to use this as evidence that your injuries are not serious. Go immediately to your doctor, an urgent care facility, the emergency room, or call an ambulance if needed. And then follow the prescribed health care plan given. This will be good for you and your case.
  • Don’t take a wait-and-see approach.
    While trust is a good thing, it must be earned. Many people have waited to act because they trusted that their insurance company would do the right thing. These delays often end up damaging their cases. Act early.
  • Don’t forget to document what happened.
    While the memory of the incident is still fresh in your head, write down exactly what happened and who was involved. Be as specific as possible because details tend to get fuzzy, or even forgotten, over time. Take photos of your injuries and make a list of any witnesses and their contact information.
  • Don’t take quick cash or lowball offers.
    Insurance companies are often motivated to close each case quickly and inexpensively. Their first offer may not always be in your best interest.
  • Get a free case evaluation from a personal injury attorney.
    It’s important to speak to an experienced personal injury attorney – someone who can partner with you and advise you on next steps. The insurance companies and other defendants involved in your case may have legal counsel, and you should too. This initial case evaluation is free.
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Why Do I Need a North Carolina Personal Injury Lawyer?

There are several reasons why you may want to hire a personal injury lawyer in North Carolina:

  • A personal injury lawyer may help reduce the chance that you’ll end up footing the bill for the injuries you sustained in an accident that someone else caused. Our personal injury attorneys are professionals at negotiating with insurance companies and medical providers. And while most cases do settle out of court, the fact that you are working with an attorney who could take your case to trial may make insurance companies more likely to open their purse strings.
  • North Carolina is one of only four states in the country considered a contributory negligence state. This means that if the insurance company is able to prove you “contributed in any way” to your injury (even just 1% at fault), they can use this old law to deny your claim. And you can be sure they will.
  • There is a statute of limitations in North Carolina for personal injury cases. You typically have only have three years from the date of the injury to file a lawsuit, except in the case of wrongful death. In wrongful death cases, the statute of limitations is only two years from the date of death. While this may seem like a long time, it is not because there are many lengthy tasks that depend on others’ cooperation to finalize before you file (back-and-forth conversations with medical examiners, insurance companies, accident investigators, etc.) After the statute of limitations window closes, your opportunity to seek compensation for your losses will be gone.

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What Does a North Carolina Personal Injury Attorney Do?

A personal injury lawyer provides guidance. Think of your case as a road trip you are about to take. In order to get to your final destination, you will need up-to-date directions and plenty of road signs to guide you along the way. Similarly, for your case, you will need direction and guidance. Our attorneys carefully prepare a roadmap for navigating each personal injury case and work with you every step of the way.

Road signs symbolizing the actions a personal injury attorney may help guide you through.

 

Our attorneys are well-versed in personal injury law and have extensive knowledge of the medical and insurance industries. We use this knowledge when:

  • Investigating claims and gathering evidence
  • Explaining your rights and providing advice
  • Speaking with medical professionals
  • Negotiating with insurance companies
  • Preparing for trial if necessary

Our head of litigation alone, Hoyt Tessener, has tried over 100 cases in state and federal courts throughout North Carolina with multiple verdict awards of $1,000,000 or more.1 Several of the personal injury attorneys at James Scott Farrin have comprehensive trial and negotiation skills, and all of our clients are treated with honesty, dignity, and respect.

The James Scott Farrin Personal Injury Case Process

At the Law Offices of James Scott Farrin, you will have a dedicated team who work with you to gather documentation to try to strengthen your case – including medical records, photos of injuries and evidence, police accident reports, insurance records, etc. And we have a process in place that has worked successfully for thousands of clients over the years.1

The process for a personal injury case, from start to finish, at the Law Offices of James Scott Farrin.

The first phase of this process is the investigation and , followed by the negotiation phase. Most of the time, your James Scott Farrin attorney will try to negotiate a settlement for you, but sometimes a litigation phase is needed.

If a settlement is not reached during the litigation phase, the case can then be tried in front of a judge or a jury. Remember that we are fighting for you throughout this process, and we will not charge you an attorney’s fee unless we get you compensation – guaranteed.2

How Can I Afford a Personal Injury Lawyer?

There are two ways to pay a personal injury lawyer:

  • Contingency fee (recommended and most common) – a fixed percentage of the ultimate case result. (It’s the old, “They get paid when you get paid.”)
  • Hourly fee (not recommended) – a set dollar amount per billable hour spent on the case

A contingency fee payment arrangement helps ensure your interests and your attorney’s interests are aligned: you want the best possible result as quickly as possible? If your attorney is working on contingency, they do too. Further, working on a contingency fee basis allows law firms to help injured people who may not have enough money upfront to afford an attorney.

At the Law Offices of James Scott Farrin, we work on a contingency fee payment arrangement for three important reasons2:

  1. It allows access to justice, and to experienced attorneys, for everyone.
  2. We won’t take your case unless we think we can make a difference for you.
  3. You can be sure that if we take your case, our interests are aligned, and we both want the same thing – just compensation for your injuries.
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What Is My North Carolina Personal Injury Case Worth?

Every personal injury case is different. To determine the value of your personal injury claim, attorneys consider many factors specific to your situation: the details of the accident, the individuals, the amount of insurance coverage available, jurisdiction, injuries suffered and treatment sought, lost wages, and other harms and losses.

Potential compensation damages in a personal injury case, including pain and suffering & disability.

If you have been injured, call 1-866-900-7078 for a case evaluation, and one of our attorneys may be able to help you determine what your case may be worth. Get the answers you need. There is no cost or obligation for contacting us.

Read about results we’ve achieved on other cases.

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Are North Carolina Insurance Companies Looking Out for My Best Interests?

Understanding the role insurance companies play in personal injury cases in North Carolina can be very confusing:

  • If I have insurance, does it cover me when I get injured?
  • Whose insurance compensates me for my injury – mine or the at-fault party’s?
  • How much insurance coverage is available?
  • Should I agree to a recorded statement? If so, what should I tell them?
  • If the insurance company wants to settle with me, do I really need a lawyer?
  • Should I take their first offer? How do I know it’s a fair offer?
  • Is the insurance adjuster trying to help me or take advantage of me?

The good news: There is usually an insurance policy in place designed to cover your losses when you are injured. This can be your own insurance policy or the at-fault party’s insurance policy – or both, in some situations.

The not-so-good news: Some insurance companies often try to settle quickly just to close out your claim. Or they might try to lowball you or stall your settlement. Your best interests are often not the same as an insurance company’s best interests, and you need to be informed and prepared. Our personal injury attorneys know about the deceptive ways some insurance companies may try to take advantage of people and hold onto their money. And we know how to fight back.

Think about it. Insurance companies are usually large companies driven by the pursuit of profits. The less money they pay out in claims, the more profits they make. Some insurance companies may even tell you that you don’t need a lawyer because it will save them money in the long term. You can be confident when working with our North Carolina personal injury lawyers because they have experience dealing with insurance companies, handling insurance claims adjusters’ tactics, and negotiating fair settlements for our clients.1

The really good news: The lawyers at James Scott Farrin are versed in North Carolina personal injury law and know how to fight for you against insurance companies. It doesn’t cost anything to call for a case evaluation, and it may make the difference between accepting a lowball amount and receiving the compensation you deserve.

“We know that dealing with an insurance company is often the last thing you want or are prepared to do. That’s where we come in. We know these kinds of opponents and their tactics well.”

James S. Farrin

 

Whose Insurance Pays for My Claim?

You can file a claim under your own insurance coverage (and your insurance might turn around and seek reimbursement from the insurance carrier of the person at-fault), or you can file a third-party claim directly with the insurance company of the at-fault party.

If your injuries are extensive, it’s likely one policy’s coverage may not be enough, and you may need to “stack” available policies to get enough compensation for your medical bills, time out of work, and other damages. An attorney can help you do this.

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How Do I Contact the Law Offices of James Scott Farrin?

Call us today at 1-866-900-7078 for a free case review and conversation about your potential claim. Your case is important to us. Let us put our knowledge and experience to work for you.

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We have experienced North Carolina personal injury attorneys who can help you with your case at each of the locations listed in the Personal Injury Office Locations section below.

 

3 For more information regarding the standards for inclusion for Super Lawyers, visit www.superlawyers.com. For more information regarding the standards for inclusion for Best Lawyers, visit www.bestlawyers.com. For more information regarding the standards for inclusion for Business North Carolina’s Legal Elite, visit www.businessnc.com. 

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