Home » The Ultimate North Carolina Auto Accident and Personal Injury Claim Guide

The Ultimate North Carolina Auto Accident and Personal Injury Claim Guide

If you have been injured in an accident in North Carolina, you may be wondering whether you can recover financial damages for your injury.

There are two primary ways that you can recover financial compensation after an accident:

1) You may file an insurance claim with either the at-fault parties insurance company or your own insurance company, depending on the circumstances, or

2) You may file a lawsuit against the at-fault driver who hit you, and/or your own insurance company.

At The Hart Law Firm, we believe strongly in providing you with as much information as we can so that you can educate yourself about the personal injury process in general and what you might expect when filing your claim. We believe that an informed and empowered consumer is the best client.

If after reading through the information on this website, you still have questions that you need answered and would like to talk to an attorney, please feel free to reach out to us at (919) 887-8582 or fill our our online contact form.

Everything in this online guide was designed to help injury victims obtain compensation for their injuries provided that they were in an accident in the State of North Carolina. You may have been hurt in a car accident, truck accident, motorcycle accident, or in any other type of serious accident.  Regardless of what type of accident you may have been in, the information provided on this site will help you to better understand the initial steps you must take to receive the compensation to which you are legally entitled.


Step 1: Evaluate Your Case

Determine Whether You Have a Valid Personal Injury Case

Do You Need a Lawyer for Your Case?

Begin to Understand the Difference Between Filing an Insurance Claim and Filing a Lawsuit

Can You Recover the Diminished Value of Your Car?

First Party vs. Third Party Claims

Property Damage Claims


Step 2: Gather Your Evidence

5 Steps You Need to Take After You Have Been in an Accident

The Impact of Police Reports on Insurance Claims

The Statute of Limitations in North Carolina

How Contributory Negligence May Impact Your Claim

Exceptions to Contributory Negligence

Using Med Pay to Get Your Medical Bills Paid


Step 3: Establish Liability

Liability and Personal Injury Law

Understanding the Law of Negligence

The Legal Burden of Proof in a Personal Injury Lawsuit


Step 4: Calculate Your Damages

The Types of Compensation in a Personal Injury Case

Soft-Tissue Issues vs. Serious Injuries

Factors That May Limit Your Damages

How to Calculate the Value of Your Pain and Suffering


Step 5: Negotiate a Settlement

The Insurance Negotiation Process

Lies and Tactics the Insurance Company Will Use Against You

10 Negotiation Mistakes You Must Avoid

How to Calculate Your Lost Income

How to Request Your Medical Records

How to Write an Effective Demand Letter Even If You Never Went to Law School

How to Reject an Offer and Send an Appropriate Response

How Many Counter-Offers Should You Make?

How to Identify and Respond to Bad Faith


Step 6: Accept or Reject the Offer

Accepting the Settlement Offer

How a Personal Injury Settlement is Taxed

The Sleeping Dragon: Understanding Liens and Subrogation Rights


We strongly recommend that you take some time to carefully review all the information contained in this section of our website. It will help you to initiate your personal injury claim and start to negotiate a settlement that will make you whole.

In many cases, you will be able to negotiate a fair and adequate personal injury settlement on your own, without hiring a lawyer. However, understand that there a many pitfalls in pursuing a claim for personal injury damages and the insurance adjusters have lots of tricks that they will use to minimize the value of your claim. So in certain situations, it may be better for you to hire a personal injury lawyer to help you obtain the highest possible amount of compensation for your injuries.

And it goes without saying that if you were in a serious accident and suffered significant and serious injuries, then you will need to hire a personal injury lawyer who can properly present your claim to the insurance adjuster or even file a personal injury lawsuit on your behalf.

Complex Case? You May Need to Hire a Personal Injury Lawyer to Help You

If you have any questions about the process of obtaining compensation for your injuries after you or a loved one have been in an accident, we recommend that you contact a personal injury lawyer right away. At The Hart Law Firm, we offer a free, no obligation consultation to potential clients.

You have nothing to lose by reaching out to an attorney to get your questions answered and learn about your rights and responsibilities in the wake of a serious accident.

Having a personal injury lawyer at your side will give you the peace of mind you need knowing that a professional is fighting for you to get the compensation you deserve (and are legally entitled to).