What Auto Accident Damages Can I Recover?

In most car accident claims, you must prove that the opposing party (typically another driver) was negligent to recover financial damages. Negligence is a legal term that means someone failed to act with the level of care that a reasonable person would in the same situation. When a driver negligently operates their vehicle and causes an accident, they can be liable for the victim’s injuries.

You must prove four key elements to establish a negligence claim.

1. Duty of Care

The first element is proving that the at-fault party owed you a duty of care. A duty of care is a legal obligation to act in a way that minimizes risk to others. The standard of behavior is based on what a reasonable person would do in the same situation. When drivers get behind the wheel, they accept a duty of care to obey traffic laws and drive safely.

2. Breach of Duty

The at-fault party must have also violated that duty of care through some act or omission. Driving behaviors that violate a duty of care include:

• Texting
• Speeding
• Aggressive driving
• Tailgating
• Ignoring traffic signs
• Not signaling before turns
• Not yielding the right of way

3. Causation

The third element is proving a causal link between the at-fault party’s violation of their duty of care and your injuries. It’s not enough that they breached a duty of care – the violation must be the main factor that caused your injuries. Evidence to establish causation includes medical documents, photos or videos of the accident, eyewitness accounts, and physical or forensic evidence.

4. Damages

Lastly, you must prove that you suffered real losses. You can’t just say that you suffered losses – you must provide proof, such as medical bills, work income statements, and receipts of injury-related expenses. An attorney can help you calculate and organize your expenses to demonstrate the extent of your economic and non-economic losses.

How Can Our Attorneys Help You Seek Car Accident Damages?

After a car accident in North Carolina, you typically file an insurance claim against the at-fault driver’s liability coverage. You might think that filing an insurance claim after a car accident would be straightforward. However, insurance companies are businesses first and foremost and are trying to make money. Any claim they pay means less revenue, so they have a vested interest in paying as little as possible. They might try to shift blame or dispute the claimed severity of your injuries.

A car accident attorney from Younce, Vtipil, Baznik & Banks, P.A. can stand up to insurance companies and push back against underhanded tactics. We can work to prove the other party’s fault and the severity of your injuries by:

• Exhaustively investigating the accident scene
• Gathering eyewitness statements and police reports
• Requesting medical records of your injury diagnosis and treatment
• Managing communications between you and insurers
• Calculating your losses and injury-related expenses
• Handling the insurance claims process to seek maximum compensation
• Negotiating for a fair settlement that covers the full extent of your losses
• Representing you at trial if the insurer refuses to make a fair offer

We understand how difficult life can be after a serious accident and are committed to fighting for the compensation you deserve. One-size-fits-all approaches to personal injury cases are rarely sufficient, which is why we emphasize a personally tailored legal strategy. When we are on the case, you can focus on what really matters – your health, family, and happiness.