Here at Huggins Law Firm, P.C., we know that the aftermath of an accident is chaos. You’re hurt, worried about doctors’ bills, and can’t work. The insurance company calls, sounds nice, but then offers you a tiny amount of money that won’t even cover your hospital stay. That feeling of being taken advantage of when you are most vulnerable? We stand against it.
A sudden injury has not only caused agonizing pain but has also left you financially crippled, wondering how you will pay medical bills and support your family.
Our experienced team has fought countless battles for injured people across Greensboro, Burlington, and Asheboro. We want to secure the best future for you by fighting the insurance companies that try to use North Carolina’s unique laws against you.
What Does the “1% Rule” Mean for Your Claim Near You?
Most states in the country use a law called Comparative Negligence. This means if you are 20% at fault for an accident, you can still collect 80% of your damages. It’s fair.
North Carolina, however, is one of only a handful of states that still uses the harsh rule of Contributory Negligence.
- The 1% Problem: Under this rule, if the insurance company can prove you were even 1% at fault for the accident—even if they were 99% at fault—you are completely barred from collecting any compensation. You get nothing.
- The Insurance Strategy: Insurance companies know this rule well. Their primary strategy is to find even the smallest thing you did wrong (like not looking both ways in a parking lot or driving 5 miles over the speed limit) to try and blame you for just 1% of the accident.
This harsh rule makes having an experienced North Carolina personal injury lawyer—one who knows how to fight this defense—the best decision you can make immediately after an accident.
What Are the Most Common Injuries We See in Cities Like Winston-Salem and High Point?
Personal injury law covers any time you are hurt because of someone else’s carelessness. From Winston-Salem to Kernersville, our cases usually fall into three main groups:
1. Motor Vehicle Accidents (Car, Truck, Motorcycle)
This is by far the biggest source of personal injury claims, making up over 50% of all cases nationally. (Source: RunSensible data). This includes accidents caused by distracted driving, speeding, or drunk driving. Traffic is busy near the major highways in the Triad, making these cases very common.
2. Premises Liability (Slip-and-Falls)
This happens when you are hurt on someone else’s property because the owner was careless. This could be slipping on a wet, unmarked floor in a grocery store, falling on broken stairs, or tripping on an unseen hazard in a commercial parking lot. Property owners have a duty to keep their premises safe, and we fight to hold them to that standard.
3. Dog Bites and Animal Attacks
If a dog seriously injures you, the owner can be held responsible, especially if the animal has shown dangerous behavior in the past.
Little-Known Stat: The average bodily injury payout nationally for minor car accidents is around $26,501 (Source: Insurance Information Institute). However, claimants who are represented by an experienced lawyer typically receive an award that is more than three times the size of those who represent themselves. This proves that hiring a lawyer is often the best path to fair compensation.
How Does a Personal Injury Lawyer Prove the Insurance Company Is Wrong?
In North Carolina, proving your case means convincing a jury or a claims adjuster that you were zero percent at fault. We use powerful legal tools to overcome the Contributory Negligence defense:
- The “Last Clear Chance” Doctrine: This is the most powerful exception. It says that even if you were negligent (you did something wrong), you can still win if the other party had the last clear chance to avoid the accident but failed to take it. For example, if you drifted into the shoulder, but the truck behind you saw you and had plenty of time to slow down but didn’t, the other party may still be held liable.
- Gathering Time-Sensitive Evidence: We immediately secure photos, videos (from nearby businesses in places like Burlington), witness statements, and police reports. The best evidence is often available only in the first few days after the crash.
- Proving the Damages: We work with doctors and economists to calculate all the money you lost: lost wages, current and future medical bills, and pain and suffering. North Carolina law allows for unlimited compensation for pain and suffering in general injury claims. (Source: Bridgman Gantt Law analysis).
We handle the entire process so you can focus on your recovery.
Why You Can’t Afford to Wait to Get a Lawyer Near Me
Time is your enemy in a personal injury case in North Carolina.
- Statute of Limitations: You generally only have three years from the date of the injury to file a lawsuit in North Carolina. If you miss this deadline, your claim is permanently barred. (Source: NC General Statutes § 1-52). Three years sounds like a long time, but it flies by when you are recovering.
- Evidence Deteriorates: Witnesses move, cameras are wiped, and memories fade. The best lawyer near you will start investigating within days to secure all the crucial details.
We believe that being injured because of someone else’s carelessness should not ruin your family’s life. You can read how we fight to protect families’ assets on our Estate Planning page at https://www.micahhuggins.com/estate-planning.
Key Takeaways for Personal Injury Law in North Carolina
- The 1% Rule is Real: North Carolina is a Contributory Negligence state. If you are found even slightly at fault, you get nothing. Your lawyer must prove you were 0% at fault.
- Three-Year Deadline: You typically have only three years from the date of injury to file a lawsuit. Do not miss this strict deadline.
- Car Accidents Dominate: Motor vehicle crashes remain the most common personal injury claim in the Triad.
- The Last Clear Chance: Your lawyer’s expertise includes using legal exceptions like the “last clear chance” doctrine to get around the harsh 1% rule.
- Lawyers Maximize Value: Claimants with lawyers average settlements three times higher than those without. Hiring the best representation is an investment in your future.
Common Questions Asked About North Carolina Personal Injury Law
1. Q: How long will it take to settle my car accident case in Greensboro?
A: Minor cases with simple injuries often settle within 6 to 9 months after your medical treatment is completed. Complex cases involving severe injuries or needing a lawsuit can take 18 months to several years. The duration depends on the extent of your injuries and how hard the insurance company fights.
2. Q: I was injured in Asheboro, but I didn’t go to the doctor right away. Will that hurt my case?
A: Yes, it might. Insurance companies will argue that because you waited, your injury must not have been serious, or that it was caused by something else that happened after the accident. You should always seek medical attention immediately after any accident.
3. Q: What is the average personal injury settlement amount in North Carolina?
A: While data suggests the average payment is around $26,501 for minor claims, there is no true average for all claims. Settlements range from a few thousand for soft tissue injuries up to millions for catastrophic injuries. The best value is determined by the severity of your injury and your lawyer’s skill, not a static average.
4. Q: How much does it cost to hire a personal injury lawyer near me?
A: Our firm works on a contingency fee basis. This means you pay us no upfront fees or costs. We only get paid if we win your case and recover money for you. Our fee is a percentage of the final settlement or verdict. This makes experienced legal help accessible to everyone.
5. Q: If the insurance company calls me and offers a settlement, should I take it?
A: Absolutely not without talking to a lawyer first! Insurance companies always try to settle a case quickly and cheaply before you know the true extent of your injuries. Once you accept a settlement, you cannot go back and ask for more money later if your injuries get worse.
Source Citations:
- North Carolina General Statutes § 1-52 (Statute of Limitations – 3 years).
- North Carolina General Statutes § 1-139 (Contributory Negligence Rule).
- Insurance Information Institute / RunSensible Data (Average bodily injury payout and claim frequency).
- Bridgman Gantt Law / NC Injury Law Analysis (Uncapped pain and suffering damages).
- CasePeer / Personal Injury Statistics (Lawyer representation increasing settlement amounts).
- North Carolina Pattern Jury Instructions (Used for the legal framework of Contributory Negligence).
