At Nagle & Associates, we focus our legal practice solely on serious injury cases arising from North Carolina vehicle collisions. Whether the case involves a pedestrian, bicycle rider, motorcycle rider or a driver of a car or truck, our experience with roadway collisions enables us to respond immediately with the best legal plan of action. Our focus only on roadway accident matters provides a depth of understanding that is strengthened by Carl Nagle’s former work as an insurance defense attorney and insurance claims adjuster. Inside knowledge of insurance tactics helps us to anticipate potential defense strategies. Our experience dealing only with traumatic injury cases also gives us a wealth of knowledge in multiple medical specialties, including surgical practice, orthopedics, internal medicine, vascular surgery, neurology, cosmetic surgery, brain and nerve damage, burn injury and all other traumatic injury medical specialties. We collect, interpret and utilize all available medical evidence to prove the full extent of a victim’s injuries. This careful approach validates your threat of a lawsuit, nails down the proof of all injuries, and increases the chance of settling all personal injury claims out-of-court for the highest amount of tax-free compensation. During our decades of handling North Carolina roadway accident cases, we have collected over $290,000,000 on behalf of accident victims throughout the state, including in Asheville, Winston-Salem, and Wilmington.Bringing a Personal Injury Claim After a Rear-End Collision
All drivers must avoid causing foreseeable harm to others on the road. Most vehicle collisions are due to careless or sometimes reckless behavior. A rear-end collision typically occurs when one driver is following another vehicle at an unsafe distance. If a rear-end collision takes place when the first vehicle stops, the second driver may be at fault for failing to maintain a safe distance.
A plaintiff victim must prove fault in order to recover compensation in a personal injury lawsuit. Many rear-end collision lawsuits proceed under a negligence theory of law. Negligence is a failure to use reasonable care. If the victim shows the defendant driver owed them a duty of care, breached this duty, and caused their injuries, the defendant driver may be responsible for monetary damages.
While rear-end collisions may not appear to be complex, there are potential challenges. North Carolina maintains a rule of law that makes it difficult for a plaintiff to recover damages if they are found to have been partly at fault for the underlying accident. This doctrine, called pure contributory negligence, is harsh because it completely bars recovery if the plaintiff is only slightly at fault.
Statutes of limitations restrict the time period within which a victim can file their lawsuit. North Carolina requires that lawsuits for injuries and property damage be filed within three years from the date of the accident. These time limits do not apply to filing an insurance claim, but it is advisable to consult an attorney as soon as possible after the crash in case legal action becomes necessary so that all deadlines are met.
Compensation in a personal injury lawsuit is meant to put the plaintiff in the position where they would be had the accident not taken place. For this reason, it is necessary to prove the extent of both current and future injuries. It may be necessary to rely on medical and vocational experts in order to collect compensation for future expenses. Other damages that may be recovered include property damage to a vehicle, as well as emotional pain and suffering. In certain cases, punitive damages may be awarded if the defendant’s conduct was egregious or willful.Contact a Raleigh Lawyer after a Car Accident
Victims of rear-end collisions can enlist Raleigh car accident attorney Carl Nagle to protect and assert their legal rights. Our firm believes that victims of serious accidents should receive the maximum amount of compensation appropriate under the law. For this reason, we charge a relatively small share of any settlement (25%), leaving more for the victim and their family. We also work hard to increase the amount of our client’s total settlement, thereby shifting the obligation to pay our fee to the insurance carriers who pay our clients’ claims. Nagle & Associates has seven offices across the state and we have helped car accident victims throughout North Carolina, including in Wilmington, Winston-Salem, Asheville, Guilford, Hickory, and other cities throughout Forsyth, Mecklenburg, Catawba, Durham, Wake, and New Hanover Counties. Call (800) 411-1583 or use our online form to set up a free consultation with a motor vehicle collision attorney.