Charlotte Negligence Claims

The majority of Charlotte car accidents are caused by the negligence or carelessness of other drivers. Therefore, most Charlotte car accident lawsuits are brought under the legal theory of negligence. A driver is negligent if he or she fails to use reasonable care to avoid a foreseeable harm to another driver, passenger, or pedestrian on the road. If a person’s negligence causes injury to another person to whom that person has a duty of care, he or she may be liable for damages resulting from the injury. Generally, a driver has a duty to other motorists to use due care when operating a vehicle on Charlotte's roads. In a negligence suit, the judge or jury must determine liability, damages, and insurance coverage.

Liability

When a lawsuit is brought for damages sustained in a Charlotte auto accident, the judge or jury must decide who is at fault for causing the accident. Because more than one person may have been negligent in causing the crash, including the person who is bringing the lawsuit, each party’s liability must be determined. In North Carolina, a person who is in any way to blame for causing his or her own injuries is barred from recovering damages. Therefore, even if another person was 99.9% at fault for causing your injuries, you will receive nothing because you were 0.1% at fault in the accident. This is called contributory negligence, and North Carolina is one of only four states in the country that still adheres to this rule.

In Charlotte automobile accident cases, the other driver's insurance company will argue that you are partially responsible for your injuries, in an attempt to avoid paying any damages for your claim. Our team of experienced Charlotte auto accident attorneys will work to eliminate your liability and get you the best possible settlement in your case.

Damages

In Charlotte auto accident lawsuits, the judge or jury must determine the dollar value of your damages, which are the losses you have suffered as a result of the other driver’s negligence. Losses may include medical expenses, lost wages, pain and suffering, damage to your vehicle, loss of future earning capacity, and loss of the ability to enjoy life due to your injuries.

If you suffer a personal injury in a Charlotte auto accident, you’ll likely require medical care and may need physical therapy during your rehabilitation, both of which can cost substantial sums of money. You may lose income if you missed work because of your injury, and you may continue to lose income during your treatment and recovery. You may also have sustained property damage to your automobile as a result of the accident. If your automobile was your only means of transportation, you may have to pay for a rental car while your car is being repaired. You may also lose the ability to perform various activities of daily living either temporarily or permanently and endure significant pain and suffering, as well. You should be compensated for all of these damages.

The central concept in calculating damages is that an auto accident victim should, as best as the law can arrange, be placed back in the same position he or she was in before the accident. This means you should be reimbursed for your financial, physical, and emotional injuries suffered as a result of the accident. If you have been injured in a Charlotte auto accident, you may be entitled to recover compensatory damages, punitive damages, court costs, or attorneys’ fees as a result of your injuries.

• Compensatory damages seek to reimburse plaintiffs for out-of-pocket expenses incurred or financial losses sustained as a result of their injuries. Compensatory damages may be “actual” or “general.” Examples of actual damages are loss of income, medical care and treatment costs, property damage, and the cost of substitute transportation. General damages include costs that cannot be precisely calculated in dollars spent, such as pain and suffering, mental anguish and emotional distress, loss of income in the future, cost of future medical expenses, disfigurement, loss of companionship, and lost opportunities.

• Punitive damages are imposed as a way of punishing the defendant for intentional conduct or gross negligence – behavior that is so egregious that a penalty is warranted in order to deter the defendant from committing the same act again in the future. In North Carolina, there is a cap on the amount of punitive damages you are entitled to receive. Punitive damages may not exceed three times the amount of compensatory damages or $250,000, whichever is greater.

• Court costs include the cost of filing fees, process server fees, deposition transcripts , court transcriptions, and translators.

• Attorneys’ fees are generally not included as part of a successful plaintiff’s recovery, though there are limited circumstances where procedural rules allow for the successful plaintiff to recover attorneys’ fees and expert witness fees.

The most significant issue to most people involved in an auto accident claim is the issue of damages. Obtaining fair and just compensation for injuries you have sustained is the primary concern at Auger & Auger Law Firm. By using our Charlotte personal injury experience and extensive resources on your behalf, we focus on achieving the highest possible monetary recovery for your injuries.

Insurance Coverage

In a Charlotte auto accident case, the judge or jury must also determine which insurance providers are responsible for paying for the damages awarded to you and to what extent each provider is liable. Insurance companies make payments based on each person’s degree of fault in a particular motor vehicle accident. Therefore, it is necessary to determine which insurance policies will pay for your damages. Our team of experienced Charlotte auto accident attorneys will investigate all insurance policies that may be responsible for your damages to ensure that you are getting the maximum recovery possible under the law.