North Carolina Motorcycle Accident Attorney

What Compensation Can You Seek After a Motorcycle Accident in North Carolina?

Motorcycle accidents can lead to severe injuries, such as:

• Concussions and other traumatic brain injuries (TBI)
• Paralysis and other spinal cord injuries
• Broken bones
• Dental trauma
• Internal organ damage
• Road rash, lacerations, and burns which can lead to scarring and disfiguration

Recovering from your injuries may mean expensive medical bills and missing extended work periods. Your injuries may also mean you can no longer work or need long-term care to complete your activities of daily living (ADLs). Financial compensation should account for all of the losses that you’ve suffered due to another person’s negligence. A North Carolina motorcycle accident lawyer will seek the maximum compensation you are eligible for.

Compensation may be available for such items as the following:

Economic Losses in a Motorcycle Accident Case

Compensation for economic losses covers those that are directly financial. They include:

• Medical Expenses: Healthcare costs could include surgeries, emergency room care, doctor appointments, prescriptions for pain, physical therapy, and more.
• Lost Wages: You may seek compensation for your lost income due to missing work while recovering or attending necessary medical appointments.
• Diminished Earning Capacity: Serious injuries may prevent you from returning to the same level at your job. In some cases, you may be unable to return to the workforce in any capacity.
• Property Damage: The repair or replacement of your motorcycle and gear may be sought for compensation.
• Other Expenses: Other recoverable financial costs may include home modifications, long-term care, and mobility aids.

Non-Economic Losses in a Motorcycle Accident Case

Compensation for losses that are not financial but reflect a lowered quality of life could include:

• Pain and suffering
• Emotional distress
• Mental trauma
• Loss of consortium
• Loss of enjoyment of life

How a North Carolina Motorcycle Accident Lawyer Can Help Your Case

Recovery can be a long and overwhelming process. Trying to heal while dealing with complicated paperwork and insurance companies can be challenging. A North Carolina motorbike accident attorney can navigate the legal process for you while you focus your energy on recovering and spending quality time with your loved ones.

A personal injury lawyer can:

Handle Communications on Your Case

Your lawyer can file your paperwork, ensuring it is accurate and submitted within legal deadlines. They can also speak to the insurance adjusters on your behalf and handle all negotiations.

Offer Support and Guidance Throughout Your Case

Your lawyer will update you on your case, answer your questions, and advise you throughout the legal process.

Represent Your Right to Compensation

A lawyer will file appeals on denied claims and represent your case in court if necessary to pursue fair compensation.

The Goldwater Law Firm practices The Gold Standard of Injury Law. For over 20 years, we have helped injury victims on their recovery journeys. Contact us today to discuss your legal options after a motorcycle accident in North Carolina.

How Negligence Affects Your North Carolina Motorcycle Accident Case

There are many possible causes of motorcycle accidents, and determining the cause and the at-fault party can be challenging.

Determining negligence is vital for two key reasons. First, to successfully pursue compensation, you must show that another party was negligent. The second is that North Carolina is a pure contributory negligence state, meaning you cannot recover compensation if you were even 1% at fault for your injuries. Insurance companies may try to argue that you were partially to blame for the accident, using this legal doctrine to prevent you from pursuing compensation.

A North Carolina motorcycle accident lawyer will combat these insurers’ tactics by thoroughly investigating your accident, examining all available evidence, and determining the proper liable party or parties.

Determining Blame in Your North Carolina Motorcycle Accident Case

To determine blame, your lawyer must prove that all four elements of negligence were met. These elements are:

Duty of Care

The liable party owed you a responsibility to be safe. This responsibility is called their duty of care. An example of duty of care is that drivers must follow traffic laws to ensure the safety of those around them.

Breached Their Duty of Care

The liable party acted in a way that breached their duty of care. For example, a motorist speeding and swerving aggressively in and out of traffic without signaling is breaking the law.

Your lawyer may prove this through interviewing eyewitnesses or reviewing video footage of the accident.

The Cause of the Accident

Your lawyer must then prove that this breach directly led to the accident. For example, the driver’s speed meant they couldn’t react quickly and rear-ended you at a stoplight.

To prove this, your lawyer may obtain police reports containing the responding police officer’s accident analysis. They may also consult with experts, such as accident reconstruction specialists. The Goldwater Law Firm has an extensive network of specialists and industry experts.

Determining Damages in the Case

They will also need to demonstrate, with concrete evidence, that the accident directly caused you to suffer losses. For example, they may use medical records or consult with medical professionals to prove that the accident caused your injuries and the impact that will have on your life. This is a key part of your case.

Timeline in a North Carolina Motorcycle Accident Case

While recovering can be a long process, and you may not feel ready to take on an accident claim quite yet, there are vital reasons to act quickly.

Time-Sensitive Evidence From Your Motorcycle Accident

Some types of evidence may not last forever, for example:

• Some video footage may be on a schedule to be overwritten
• Witness memories can fade over time or may be considered less reliable
• Physical evidence can disappear, such as skid marks fading

The Statute of Limitations in Motorcycle Accident Cases

In North Carolina, you generally have three years to file a personal injury lawsuit. There can be exceptions to this, so it’s essential to always discuss the timeline of your case with your lawyer. They will work to ensure that your case is filed within the deadline.

If you lost a loved one in a motorcycle accident, a wrongful death lawsuit must typically be brought within two years.

Contact The Goldwater Law Firm to get started on your case as soon as possible.

Can You Afford a North Carolina Motorcycle Accident Attorney?

Affording a North Carolina motorcycle accident lawyer is more feasible than you think. This is because personal injury lawyers work on a contingency fee basis, ensuring injury victims can access legal representation, regardless of their financial situation.

You will not need to pay upfront legal costs; you will only pay if your lawyer can recover compensation. If they recover compensation, their fees are a preapproved percentage of your settlement.

What Should You Do After a Motorcycle Accident in North Carolina?

After an accident, there are a few things to focus on immediately. They are:

• Seek Medical Attention: Prompt medical care is vital to getting a correct diagnosis and treatment plan. Early detection of certain spinal cord and traumatic brain injuries can significantly raise the chances of recovery.
• Call the Police: Police officers will ensure the safety of those involved in the accident and generate a police report with helpful information.
• Document the Accident: If you are safe to do so, photographing your injuries and the accident scene can be helpful evidence for your accident claim.

Your health should be your priority. If you cannot take any of these actions, your lawyer can report the accident, take photos, and obtain witness contact information on your behalf.

In addition to taking these actions, there are a few to avoid. These are:

• Posting on Social Media: It’s natural to want to vent or keep your friends and family updated, but it’s important to avoid posting about your accident. Public posts online can be used against you.
• Talking to Insurance Adjusters on Your Own: Insurance adjusters may try to visit you in the hospital or come to your home. If you must speak directly to them, avoid hypothesizing or taking any blame. The best thing to do is to talk to adjusters only if your attorney is present.