What is the average car accident settlement in North Carolina
Each car accident settlement in North Carolina is unique because each collision is different. That makes it difficult to calculate an average. The settlement amount typically depends on various factors, including the victim’s injuries and the accident’s complexity. You should consult an experienced lawyer to evaluate your case based on its own characteristics.
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What Are Some Factors That Can Affect the Car Accident Settlement Amount?
Here are common factors that can affect how much money you could get in a car accident settlement in North Carolina:
- How severe are the injuries? – The severity of injuries the victim sustains significantly affects the settlement amount. Severe injuries requiring extensive medical treatment, long-term rehabilitation, and prolonged assistive care can lead to higher settlements.
- How soon may the victim recover? – The duration of the victim’s recovery could impact the settlement amount. Longer recoveries often require prolonged in-patient care, extended rehabilitative care, and replacement household services. Longer recoveries may also prevent the victim from returning to work, increasing the amount of lost wages.
- Can the victim earn income while recovering? – If the victim cannot work due to their accident-related injuries, the lost wages and potential loss of future earning capacity can factor into the settlement.
- Is the fault for the accident clear? – If the evidence clearly demonstrates who is at fault for the accident, the insurance company is more likely to recognize the strength of the victim’s claim and offer a generous settlement to avoid the risks and costs of going to trial.
- Was the other driver solely at fault, or was the victim partly at fault? – North Carolina bars victims who are partially at fault for an accident from recovering any compensation for their injuries. Any fault on the part of the injured party can completely zero out an expected settlement.
- How long is the victim willing to wait for their settlement? – Insurance companies often pressure victims to accept a quick and minor settlement offer. If the victim is willing to wait for an extended period, their legal team can build a compelling claim for maximum compensation. This can provide them more leverage when negotiating with insurance companies.
- Will the insurance coverage be able to pay? – The insurance policies and coverage limits of the parties involved can impact the settlement amount. Adequate insurance coverage increases the likelihood of obtaining a higher settlement. If you can’t get enough money from the applicable insurance policies, a lawsuit may be the way to go.
Are Damages Capped in North Carolina?
North Carolina does not cap the amount of compensatory damages that victims can recover in a personal injury lawsuit. Compensatory damages may include money for the following:
- Medical expenses – This includes the cost of medical treatment, hospital stays, surgeries, medications, rehabilitation, physical therapy, and any other healthcare expenses related to the injury.
- Lost wages – If the victim cannot work due to their injuries, they can recover compensation for their lost wages. If their injuries result in long-term or permanent disability, they could also recover money for the loss of future earning capacity.
- Pain and suffering – Victims can recover compensation for their physical pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life resulting from the accident or injury. These losses are subjective and vary depending on the severity and duration of the suffering.
However, North Carolina law does cap punitive damages at three times the amount of compensatory damages or $250,000, whichever is greater. The court awards punitive damages very rarely. They are intended only to punish the at-fault party for egregious conduct rather than to compensate the victim for losses.
What Are North Carolina’s Mandatory Minimum Insurance Requirements?
North Carolina requires the following minimum levels of liability insurance for all registered motor vehicles in the state:
- $30,000 in bodily injury per person
- $60,000 in bodily injury per accident
- $25,000 in property damage
Drivers must also carry uninsured/underinsured motorist coverage.
The minimum insurance requirements can affect the amount of compensation injured parties could receive after a car accident. Many motor vehicle accidents result in severe injuries and extensive losses that exceed these minimum policy limits. If the at-fault party had only the minimum insurance coverage, their policy might not be enough to fully compensate the victim for their injuries and associated losses. In such cases, the policy limits will limit the settlement amount the insurance company can offer the victim.
How Long Do I Have to File My Car Accident Case in North Carolina?
North Carolina law sets a three-year deadline for filing a car accident lawsuit. People who suffer an injury due to another person’s negligence generally must file a personal injury lawsuit within three years of the accident date or risk losing this right. Some exceptional scenarios may extend the three-year deadline, but you should not make any assumptions. Act quickly to preserve your right to compensation.
Contact a North Carolina Car Accident Lawyer
Determining the average car accident settlement amount is a complex task, depending on many factors. While it’s natural to seek an average figure as a reference point, it is crucial to evaluate each case based on its unique circumstances and merits. The car accident attorneys at The Law Offices of John Drew Warlick, P.A. can do just that.
Our North Carolina lawyers can evaluate the specific details of your case, analyze the relevant factors, and provide an informed estimate based on our considerable knowledge and experience. Then, we will fight to seek the maximum compensation from the at-fault party. Contact The Law Offices of John Drew Warlick, P.A. today for a free consultation.
