Wilmington Personal Injury Lawyer

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Free Case Evaluation

What is a Personal Injury?

A personal injury is any injury that occurs to the body. It differs from an injury to property.

Personal injuries can range in severity. They can be as minor as a cut or bruise, or they can be as serious as amputation, paralysis, or even wrongful death. In many cases, personal injury victims are entitled to compensation and can seek it by filing a claim against the at-fault party’s insurance company.

As an accident victim, it’s vital to understand that insurance companies are financially incentivized to settle claims for as little as possible or deny them completely. For this reason, it’s in your best interest to retain an attorney familiar with the claims process and with a track record of success helping clients.

At Horton & Mendez Injury Attorneys, we understand how insurance companies work because we started our careers as insurance defense lawyers. We know their playbook inside and out and use that knowledge to help our clients get every dollar that they deserve. To schedule a free case evaluation with a member of our team, call our office today.

What are Common Types of Personal Injuries?

Personal injuries can be minor or severe. Here are some of the more serious types of personal injuries that may require legal action:

Traumatic Brain Injury

A traumatic brain injury can lead to ongoing cognitive issues.

Amputation

If an extremity was badly injured, amputation may be necessary.

Burns

Burns can include chemical burns that may occur in the workplace. Burns, including road burns, may be the result of a car accident.

Internal organ damage

Internal organ damage is quite serious and can even be fatal.

Whiplash

Whiplash commonly occurs in a car accident due to rapid back and forth movement of the head. Symptoms are usually temporary but can be ongoing.

Broken bones

Broken bones are usually not serious but, in some instances, they may require surgery and may lead to ongoing pain and limited movement.

Spinal cord injury

Spinal cord injuries can be very serious and can even lead to paralysis.

Joint Injuries

When joints become injured it can limit the range of motion making it difficult to perform everyday tasks.

Facial Injuries

Injuries to the face may result in disfigurement and may require reconstructive surgery.

Severe Emotional Distress

Diagnosis of a stress disorder such as anxiety, depression, post traumatic stress syndrome etc. as a result of an accident.

What is the Statute of Limitations in a Personal Injury Claim?

Every legal claim is subject to a statute of limitations. This means the plaintiff has a certain amount of time to file to be compensated for their damages.

In the state of North Carolina, the statute of limitations on a personal injury claim is two to three years depending on the injury sustained. The clock starts ticking on the day the accident occurs.

Two or three years may seem like a long time to file a claim, but the longer you wait, the more difficult it will be to remember details and prove your injuries were caused by the accident. That’s why it’s important to talk to a lawyer as soon as possible.

What are the Common Causes of Personal Injury?

There are many reasons why a personal injury can happen but when they are caused by another person’s negligent or reckless behavior, you need to take legal action. Here are some examples of these situations:

Slip and Falls

When a slip and fall occurs on someone else’s property because they failed to maintain it to keep it safe, the property owner may be responsible for damages.

Motor Vehicle

Road accidents include car accidents, truck accidents, bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and more. If your injuries are caused by another driver’s reckless behavior on the road, they may owe you compensation for your injuries.

Medical Malpractice

When you go to a doctor, you assume that they will do everything they can to treat your condition. However, there are instances when doctors provide substandard care that can make conditions worse.

Workplace Accidents

It is not uncommon for accidents to occur in the workplace, especially if you work in a dangerous profession. In these instances, worker’s comp will usually cover damages but if you’re having trouble getting covered, you may need to call in a lawyer.

Product Liability

When a manufacturer releases a product on the market, they must test it to make sure it is safe. It has to potential not to be safe, they must include warning labels for safe usage. When companies fail to act and injuries occur, they may be liable for damages.

Construction Injuries

Construction areas are dangerous. Workers and nearby pedestrians may get injured from falling equipment, flying debris, and more. If you are injured at or near a constructions site, you may be able to sue the contractor.

Dog Bites

An owner is responsible for the actions of their dog. If a dog bites or acts in any way that causes injury to another person, the owner may be liable for damages.

Sexual Assault

Sometimes an injury isn’t caused by an accident. When someone commits a violent act with the purposeful intent of causing an injury or damage it is considered to be a case of assault.

How Do I Prove Negligence?

To win your case, you must prove that the defendant’s negligent actions caused your injuries. You must show that the at-fault party owed you a duty of care that was not provided. You must have sufficient evidence that the party’s reckless or negligent actions resulted in you getting hurt.

Proving negligence is where legal cases can get tricky, but your lawyer will use his or her years of experience to build a strong case.

What Kind of Compensation Can I Collect for a Personal Injury Accident?

The compensation you get for a personal injury accident will vary according to your personal situation and the extent of your injuries. Here are some damages you may be looking at:

Lost Wages

Lost wages will compensate you for any time you need to take off work to recover.

Lost Earning Potential

In some instances, your injuries may be so severe that you are unable to go back to work permanently. Or they may cause you to take a lower-paying job because you are no longer able to perform the duties of your current position. The defendant will be responsible for reimbursing you for lost earning potential due to the accident.

Medical Expenses

Medical expenses will cover any care needed immediately after the accident as well as ongoing care for things like in-home nursing, medication, prosthetics, the installation of wheelchair ramps, and more.

Emotional and Physical Pain and Suffering

Serious injuries can greatly reduce the quality of life. They can cause ongoing physical and mental pain. At-fault parties will be made to compensate you for these damages. It’s difficult to put a monetary value on these intangible elements but your lawyer will use their years of experience to come up with a fair amount.

Punitive Damages

If the defendant’s actions in causing the accident are considered excessively reckless, he or she will be made to pay punitive damages. These are meant to discourage the individual from exhibiting this kind of behavior in the future.

Wrongful Death

If the victim of the accident sustains fatal injuries, the at-fault party will owe the decedent’s family wrongful death damages. These include medical expenses incurred in trying to save the deceased’s life, compensation for loss of income due to the victim no longer being able to contribute to the family financially, compensation for emotional suffering, and burial and funeral expenses.

Why Not Go Through Insurance?

After a personal injury accident occurs, it can be tempting to go through insurance to settle your claim. However, you must take the time to assess all of your options before rushing to settle your claim. There are merits to settling your case, and there are also merits to having it resolved in court.

When you are dealing with insurance companies you want to make sure that a trusted attorney walks through any settlement offer you receive. Here at Horton & Mendez Injury Attorneys, we are well versed in the tactics that are employed by insurance companies and their defense lawyers. We will work to make sure that you are only settling for the best possible offer that you may receive.

As former insurance company lawyers, we know the insurance companies’ playbook and will help make sure you are receiving full and fair compensation for your injuries. Do not sign anything without talking to us first, do not take a recorded statement either. Make sure you call the office of Horton & Mendez Injury Attorneys to discuss all your available options.

What Should I Do After a Personal Injury Accident Occurs?

There are steps you can take immediately after an accident occurs that will help you start building a strong case right away. Here are some that are recommended:

Take Pictures

If you are feeling well enough, use your phone to take pictures of the accident. Be sure to get all angles and any points of damage and injury. These will serve as strong pieces of evidence in helping you prove your case.

Get Witness Information

If anyone was around to see the accident, ask them for their contact information. They may be able to testify on your behalf.

Get Information from All Involved Parties

Get the contact information and insurance information of everyone involved in the accident including victims and potential at-fault parties.

Call the Police

It’s always a good idea to call the police no matter how serious the accident may be. The police will create a report that can be used as evidence.

Seek Medical Care

It’s advisable to get medical care immediately after an accident even if you don’t think you are badly injured. Injuries can get worse over time. If you hold off on getting care, it will be hard to prove your injuries were caused by the accident. If you see a doctor right away, he or she will create a medical record that proves your injuries were a result of someone else’s reckless or negligent behavior.

Don’t Talk to Anyone

Don’t discuss details of the accident with anyone including involved parties, insurance companies before talking to a lawyer. You never know when someone might twist your words.

Why Horton & Mendez Injury Attorneys Can Help With Your North Carolina Personal Injury Case

Horton & Mendez Injury Attorneys are personal injury lawyers with a unique edge that will be utilized to help you. As former insurance company lawyers, we have an intimate understanding of the insurance companies’ playbook, which means we know exactly how to counter it.

A personal injury case is rarely cut and dry. The right lawyer will navigate the process to take the stress off your shoulders and get you the compensation you deserve.

If you are looking for a personal injury lawyer in the Wilmington, North Carolina area, Horton & Mendez Injury Attorneys are an obvious choice. We have experience with various types of personal injury cases large and small. In addition, as former insurance defense attorneys, we have insight into how insurance companies operate. We will fight to get you the best outcome possible.

Don’t let at-fault parties get away with reckless behavior that caused your injury. Call Horton & Mendez Injury Attorneys to schedule a free consultation. Our winning results speak for themselves.

Contact us today to learn more about how we can help you get the compensation you deserve.

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Tell Us About Your Case

Please call us at (910) 668-8067 regarding your personal injury case or complete the form below to get in touch with us. We do not charge a fee unless you receive compensation.

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