Motorcycle Accidents in
Straightforward Answers to FAQs
Here at the Baddour, Parker, Hine, & Hale Law Firm in Wayne County, we stand with you during difficult times.
Phil Baddour, our steadfast advocate, aims to demystify the legal journey you might face after a motorcycle accident in Goldsboro NC.
Let’s address some common inquiries.
Why is legal representation important after a Motorcycle Accident?
If you’re involved in a motorcycle accident in Goldsboro NC, the landscape can be confusing, with potential pitfalls at every turn. An experienced attorney can help Phil navigate this maze for you, dealing with the insurance company and their adjuster, assembling evidence to support your case, calculating fair compensation, and advocating for full and fair compensation for your damages.
When should I first reach out to a Lawyer after a Motorcycle Accident?
The rule of thumb is, the sooner, the better. After ensuring your immediate health needs are attended to, it’s prudent to establish an attorney-client relationship. Promptly retaining legal counsel can help avoid inadvertent mistakes, ensure crucial evidence is preserved, and provide much-needed peace of mind during this stressful time.
When should you hire a Motorcycle Accident Lawyer?
You should consider an attorney with a proven track record handling motorcycle accident claims when you have severe injuries, when liability is unclear or disputed, or when the insurance company denies your claim. However, even for seemingly straightforward cases, having legal representation for a motorcycle accident in Goldsboro NC is advisable to help ensure your best interests are protected.
What should I be aware of regarding Motorcycle Accident Claims in North Carolina?
North Carolina is a contributory negligence jurisdiction, meaning if you’re even partially at fault for the accident, you may be precluded from recovering damages. Insurance adjusters sometimes attempt to deny claims on the basis of contributory negligence, even when this is not supported by the NC accident laws or the factual basis of the accident. Legal counsel can assist in advocating for the full and fair recovery you deserve.
Can a Lawyer help if I’m partly to blame for a Motorcycle Accident?
Possibly. Contributory Negligence is a notoriously complicated, confusing area of law. It’s better not to assume, one way or another, that contributory negligence applies. Even if you believe you might be partly to blame, each case is different. Prior to speaking with an insurance adjuster or making a statement, consult with an attorney who is well-versed in handling motorcycle accident claims in Goldsboro, North Carolina. Your attorney will assess the accident’s circumstances and advise you on the most appropriate course of action.
What damages can I claim after a Motorcycle Accident?
Motorcycle accidents can lead to economic damages like medical bills, rehabilitation costs, lost wages, and property damage. Non-economic damages can include pain, suffering, loss of enjoyment of life, and emotional distress. In the event of a fatality, a Wrongful Death claim may be appropriate.
How long do I have to file a claim after a Motorcycle Accident in North Carolina?
The general statute of limitations in North Carolina for personal injury claims is three years from the date of the accident. However, each case is unique, and certain circumstances may affect this timeline. For example, motorcycle accidents that result in a fatality (wrongful death claims) are subject to a two-year statute of limitations, from the date of death, in North Carolina. It is best to consult an attorney to discuss your legal rights and options.
Can I still claim damages if I was not wearing a Helmet during the Accident?
While North Carolina law requires all motorcyclists to wear a helmet, failing to do so does not automatically bar you from compensation. N.C.G.S. 201404 sets forth that failure to wear a motorcycle helmet, “shall not be considered negligence per se or contributory negligence per se in any civil action.” If you’ve been injured in a motorcycle accident in Goldsboro, North Carolina, Phil Baddour would be honored to guide you through these complexities.
What if the other party doesn’t have Insurance?
In cases where the at-fault party is uninsured or underinsured, your uninsured/underinsured motorist (UM/UIM) coverage could come into play. If you’ve been injured in a motorcycle accident, Phil Baddour in Goldsboro NC would be honored to serve as your legal advocate and help explore insurance coverage for potential compensation.
How can a lawyer help me if I’ve lost a loved one in a Motorcycle Accident in Goldsboro, North Carolina?
In such unfortunate circumstances, you may have a claim for wrongful death. While no amount of compensation can replace a loved one, it can help alleviate the financial burden. Phil Baddour is an attorney in Goldsboro NC who provides compassionate legal assistance during difficult times.
Remember, each situation is unique. The statute of limitations for wrongful death claims in North Carolina is two years from the date of death.
Do lawyers negotiate with insurance adjusters in motorcycle accident claims?
Insurance companies can be tough negotiators. Establishing an attorney-client relationship can be helpful in obtaining a fair and just outcome. While insurance adjusters often try to limit the amount of your settlement, or even deny your claim altogether, lawyers advocate for a full and fair recovery on your behalf. Attorney Phil Baddour has substantial experience helping people with motorcycle accident claims in Goldsboro NC.
Can I trust the initial settlement offer from the insurance company?
If made, initial offers often do not reflect the true extent of your damages, particularly if the offer is extended soon after a motorcycle accident. Insurance companies benefit financially from settling claims as quickly as possible, even before the full nature and extent of your damages have been determined. It’s advisable to retain legal counsel immediately to ensure you’re not settling for less than you deserve.
How does a lawyer prove fault in a Motorcycle Accident?
Proving fault requires evidence, which might include police reports, witness statements, photographs, accident reports, camera footage, and more. Establishing who is the “at fault” driver is key to a successful claim for damages. An attorney experienced in motorcycle accident claims in Goldsboro NC can assist you with gathering evidence and building your case.
Will I be required to go to court after a Motorcycle Accident?
Most cases settle before reaching the trial stage. However, if a trial becomes necessary, Phil Baddour in Goldsboro, North Carolina is a seasoned litigator. Every motorcycle accident case is unique. For advice tailored to your circumstances, don’t hesitate to reach out to Phil Baddour for a free consultation.
Is there a fee for an initial consultation with a Motorcycle Accident Lawyer?
Phil Baddour provides no-obligation consultations to clients who have been injured in motorcycle accidents in Goldsboro NC. He can review the facts of your case and explain your legal rights and options, free of charge.