info@carolinalaw.com
info@carolinalaw.com
Navigating North Carolina’s busy roadways like I-40, I-85, or US-64 can sometimes be unpredictable. Car accidents can happen in an instant, leaving you overwhelmed and unsure of the next steps.
If you’ve been hurt in a crash, you’re likely facing physical pain, emotional stress, and financial difficulties. You shouldn’t have to go through this alone, and you don’t have to. At Maginnis Howard, we understand how life can change in the blink of an eye after an accident, and we’re here to help you regain control of your life.
Our North Carolina car accident lawyer is prepared to fight for your rights and seek the compensation you deserve. Whether it’s dealing with insurance claims or standing up to those responsible, our team is here to guide you every step of the way. Contact us today to discuss your case during a free case consultation.
When you’re involved in a car accident, the choice of who represents you can make all the difference. At Maginnis Howard, we’re more than just attorneys—we’re compassionate advocates who understand the toll an accident can take.
With years of experience serving clients across the Tar Heel State, we’ve built a reputation for providing personalized, powerhouse representation that wins results. Our firm has successfully recovered over $100 million for injured clients, and we’re ready to bring that same determination to your case.
What sets us apart is our commitment to you as an individual. We know every case is different, and that’s why we take the time to listen to your story, understand your needs, and develop a strategy tailored just for you. You deserve a team that doesn’t treat you like another case number—and that’s what we offer. From your very first consultation to the final resolution, you’ll know you have skilled, strategic, and compassionate advocates by your side.
When you work with Maginnis Howard, you’re not just hiring any North Carolina car accident lawyer. You’re gaining a team of legal fighters with deep understanding of personal injury law, backed by decades of experience and a track record of courtroom success. We’re passionate about holding negligent drivers and insurance companies accountable so you can focus on what matters most—your recovery.
Car accidents happen far more often than most of us realize. Across the United States, over six million car crashes occur every year. Of these, nearly two million accidents involve serious injuries, and over 42,000 result in fatalities. While these numbers are shocking, they serve as a reminder of how important it is to stay vigilant on the road—and to know your rights in the aftermath of a collision.
Here in North Carolina, car accidents are an unfortunate reality for many drivers. According to the North Carolina Division of Motor Vehicles, there were more than 284,000 traffic collisions reported across the state in a recent year alone. Out of these, nearly 75,000 caused injuries, and over 1,500 were deadly.
Being informed about the frequency of car accidents underscores just how important it is to know the next steps if you’re involved in one. The road to recovery—both physically and financially—can feel overwhelming, but the right legal counsel can make it much more manageable.
After a car accident, receiving a settlement offer from the insurance company can feel like a quick path to relief. However, it’s crucial to approach this carefully. Insurance companies often aim to settle claims quickly, sometimes for less than what you’re truly owed. Here’s what to consider before deciding:
Making an informed decision is critical. Before making any decisions about a settlement, consult a lawyer to protect your rights and secure the best possible outcome for your case.
Some laws in North Carolina can have a big impact on car accident claims and affect your right to seek compensation.
North Carolina uses an “at-fault” system to handle car accident claims. This means the driver responsible for the accident is financially liable for the damages they cause. If another driver caused the collision that harmed you, their insurance company is responsible for paying your medical expenses, lost income, vehicle repairs, and other associated costs.
Here’s how the process typically works:
A vital part of any car accident claim is understanding the deadlines for taking legal action. Like other states, North Carolina enforces a statute of limitations, which sets a firm period within which you must file a lawsuit.
For personal injury claims arising from car accidents, North Carolina gives you three years from the date of the accident to take action. This deadline applies to claims for damages like medical costs, lost wages, and pain and suffering. Similarly, property damage claims must also be filed within three years.
However, there are exceptions that may alter this timeline. For example, if the accident resulted in a wrongful death, the statute of limitations is two years from the date of death, not the accident itself. Failing to file within the designated timeframe will likely result in losing your right to pursue compensation.
Because time is limited, it’s important to speak with a auto accident lawyer as quickly as possible.
After an accident, it’s natural to wonder whether you have a valid legal claim. The answer depends largely on whether the actions of another driver—or a third party—contributed to your injuries. At the heart of most car accident claims is the legal principle of negligence, which refers to someone’s failure to act with the care and responsibility required by the situation.
To successfully pursue a car accident case, you must prove the other party’s negligence. This involves demonstrating four critical elements to establish their responsibility for the harm you’ve suffered.
If your lawyer can establish these four points, you have solid grounds to pursue compensation for your car accident injuries.
Determining liability in a car accident case is not always straightforward. Various parties could bear responsibility, depending on the facts of the incident. Here are some of the most common ones:
The most common liable party is another driver whose negligent actions, such as speeding, distracted driving, or driving under the influence, caused the crash. North Carolina law requires drivers to act responsibly on the road, and failing to do so can make them legally accountable for resulting damages.
If the at-fault driver was working at the time of the accident, their employer may also be held liable. This is particularly relevant for accidents caused by delivery vehicles, company cars, or commercial truck drivers. Employers must ensure their employees are properly trained and comply with safety regulations. Failure to maintain this standard could make them responsible.
Sometimes, defective vehicle parts like brakes, airbags, or tires play a role in causing an accident. When this happens, the manufacturer or distributor of the faulty part may be held liable under product liability laws. Proving this requires a detailed investigation, often involving technical and expert analyses.
When road conditions, such as poor signage, potholes, or faulty traffic signals, contribute to an accident, a government entity may be liable. While pursuing claims against a government body requires navigating specific legal rules, it is possible to hold them accountable for unsafe roadways.
Under North Carolina’s Dram Shop Laws, a bar, restaurant, or other establishment may be held responsible for a car accident caused by an intoxicated individual if they served alcohol to a minor or someone who was already visibly drunk.
Your lawyer can help identify all responsible parties, ensuring you pursue the maximum compensation for your case.
Car accidents can turn your life upside down in an instant, leaving you to deal with physical pain, financial strain, and emotional turmoil. If another driver’s negligence caused the accident, you shouldn’t be left to carry these burdens alone. You may be eligible to recover various types of compensation.
When you pursue a car accident claim, the compensation you can recover is typically divided into two categories—economic damages and non-economic damages. Additionally, in tragic cases involving the loss of a loved one, a wrongful death claim may provide necessary financial support for grieving families.
Economic damages account for the tangible, out-of-pocket costs caused by the accident. These are often straightforward to calculate and include the following:
While economic damages cover financial losses, non-economic damages address the less quantifiable impacts of an accident, such as the emotional and physical toll it takes on your life. These include:
For families who have lost a loved one due to a catastrophic car accident, no amount of money can replace what’s been taken. However, a wrongful death claim can provide financial support and hold the responsible party accountable. Compensation in these cases may include coverage for funeral and burial expenses, loss of financial support, and loss of companionship.
During such a difficult time, the last thing you should have to worry about is navigating complex legal processes alone. At Maginnis Howard, we approach these cases with the utmost compassion and care, handling the details so you can focus on healing with your family.
Recovering after a car accident can feel overwhelming, but taking the right steps can help ensure your health, protect your rights, and strengthen your claim. Here’s what you should focus on in the days and weeks after your accident:
By taking these steps promptly, you can not only protect your health but also lay a strong foundation for any claims you may need to pursue.
Handling the aftermath of a car accident can feel overwhelming. Dealing with insurance adjusters, gathering evidence, and determining the value of your claim are just a few of the challenges you might face. Fortunately, a skilled attorney can help guide you through this process and ensure that your rights are protected at every turn.
The foundation of any successful car accident claim is evidence. A lawyer can help collect and analyze the documentation needed to prove fault and substantiate your damages. This includes police reports, medical records, witness statements, dash-cam footage, and expert testimony from accident reconstruction or medical professionals.
By thoroughly investigating your case and leaving no stone unturned, your attorney will build a compelling argument to show the at-fault party’s negligence and the full extent of the losses you’ve suffered.
Insurance companies are notorious for minimizing payouts, even when liability is clear. They may offer settlements that don’t reflect the true value of your injuries or try to use confusing tactics to pressure you into accepting less than you deserve.
An experienced lawyer knows how to handle these tactics and negotiate aggressively on your behalf. By dealing directly with the insurance company, your attorney takes the pressure off you and aims to secure a settlement that fully compensates you for your damages.
While most car accident claims are settled outside of court, there are times when litigation becomes necessary. If the insurance company refuses to offer a fair settlement, filing a lawsuit may be the best way to pursue maximum compensation.
At Maginnis Howard, we are not just skilled negotiators—we’re trial-ready attorneys who won’t hesitate to take your case to court. With decades of courtroom experience, our team is prepared to fight for justice on your behalf, no matter how tough the opposition.
North Carolina’s strict contributory negligence rule can complicate car accident claims. Insurance adjusters often look for ways to assign blame, even in small amounts, in an effort to avoid paying out your claim. A lawyer’s advice is crucial in these situations. We’ll work tirelessly to disprove any unfair allegations of fault and ensure that you’re treated fairly throughout the process.
If you’ve been injured in a car accident, you likely have questions about what comes next. Navigating this process can feel overwhelming, and at Maginnis Howard, we’re here to provide the clarity and support you need. Below, we’ve answered some of the most frequently asked questions about car accident claims to help you better understand your rights and options.
The time it takes to resolve a car accident case can vary widely based on factors like the complexity of the accident, the severity of your injuries, and whether the insurance company is willing to negotiate fairly. Some cases may settle within a few months, while others that require litigation can take over a year.
Most car accident claims are resolved through negotiations with the insurance company and do not require going to court. However, if the insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary.
We understand that financial uncertainty is a common concern after a car accident, which is why the experienced attorneys at Maginnis Howard work on a contingency fee basis. This means you owe us nothing upfront, and we only get paid attorney’s fees if we successfully recover compensation for you. With no out-of-pocket costs and no financial risk, you can focus on your recovery while we handle the legal aspects of your claim.
If the at-fault driver is uninsured or doesn’t have enough coverage to fully compensate you, you may still have options. Many insurance policies include coverage for uninsured/underinsured motorists (UM/UIM), which can help bridge the gap and ensure you’re not left without recourse.
To build a strong claim, it’s important to gather robust evidence. This can include police reports, photos of the accident scene, witness statements, medical records, and repair estimates. Documentation of your injuries, such as doctor’s notes or prescriptions, is also essential. If you’re unsure what evidence is needed, a lawyer can help you collect and organize everything to present the strongest case possible.
If the other driver denies responsibility, don’t panic. This is not uncommon and does not prevent you from pursuing your claim. Gather as much evidence as possible, such as photos of the accident scene, witness statements, and the police report. Share this information with your attorney, who can help build a strong case to demonstrate the other driver’s negligence.
Recovering from an accident can result in significant medical expenses, and waiting for a settlement can be stressful. Options may include using your health insurance, MedPay (a type of car insurance coverage), or payment plans offered by healthcare providers. If you face mounting bills, your attorney can also work with providers to defer payments until your case is resolved.
While a police report is not always required to file a claim, it can be incredibly helpful. The report provides an impartial account of the accident, including details about fault, injuries, and damages, which insurers often consider when evaluating claims. If you don’t already have a copy, your attorney can help you obtain one.
Pain and suffering damages are meant to compensate for the physical and emotional toll of an accident. These are typically calculated by considering factors like the severity of your injuries, the impact on your quality of life, and recovery time. Insurers may use multipliers or per diem methods to assign a value, but having an experienced attorney on your side ensures fair evaluation and negotiation.
If your claim is denied, it’s important to understand why. The insurer may argue that the accident wasn’t covered, that you were at fault, or that you failed to provide sufficient evidence. Don’t accept denial without question—an attorney can review the denial letter, challenge the reasoning, and even take the matter to court if necessary to fight for the compensation you deserve.
At Maginnis Howard, we provide experienced, compassionate support for accident victims throughout North Carolina. We understand the stress and uncertainty you may be feeling, and we want to help lighten your burden. From negotiating with insurance companies to representing you in court, we handle every aspect of your claim so you can focus on healing.
When you partner with us, you’re not just another case number. We’re here to listen to your story, understand your needs, and provide the powerful representation it takes to seek justice. Our team has already recovered over $100 million for injured clients, and we’re ready to put our experience to work for you.
Contact our trusted North Carolina car accident attorneys today at (919) 526-0450 or through our online form for a free, no-obligation consultation. We’re ready to stand up for your rights and pursue the compensation you deserve—because at Maginnis Howard, your fight is our fight.
