New Bern Personal Injury Lawyer
Catastrophic injuries can take place even in idyllic neighborhoods like New Bern. It’s something you know all too well as you undergo treatment, take time off work, and worry about your future. If another party’s negligence caused your condition, you’ve come to the right place for legal support. Whitley Law Firm’s personal injury attorneys manage these cases with kindness and compassion.
A New Bern personal injury lawyer is more than an attorney; they’re a friend, ally, and advocate. With us on your side, you don’t have to answer a single phone call from the insurer or another involved party. We manage your legal obligations from start to finish, so you can focus on rebuilding your life. Call (919) 785-5000 to begin a free case review.
Experience the Whitley Advantage Today
At Whitley Law Firm, we treat our clients like family. Care, compassion, honesty, and hard work are our hallmarks. We treasure our clients and truly want the best for them. When you entrust us with your case, you can expect us to:
- Field all phone calls from the insurer and defense team’s lawyers
- Return your phone calls and emails within 24 hours
- Investigate the details of your accident
- Consult with field experts to bolster your claim
- Calculate and identify your compensable losses
- Negotiate with the insurer
- Prove fault, liability, and negligence
- File your lawsuit in civil court (if that suits your situation)
The Whitley Advantage feels like a warm hug. Let our family help your family.
Our Lawyers Serving New Bern Charge Nothing Upfront
Right now, you shouldn’t have to stress about affording legal help. So, since we first founded our firm in 1974, we’ve operated on a contingency-fee basis. You don’t pay retainers, hourly rates, or by-the-service fees.
We receive a percentage of your settlement or court award for our work. If you do not win, you do not have to pay us any attorney’s fees. Also, as noted, your initial consultation is free and without obligation.
Types of Personal Injury Cases We Handle in New Bern
We have helped severely injured people in North Carolina for decades. We have more than 80 years of combined experience with personal injury claims and lawsuits. Given our time in the legal field, we have seen almost every possible type of personal injury case––and we’re proud to share that many of them resulted in compensation.
Our personal injury practice areas include:
- Motor vehicle collisions, including cars, buses, tractor-trailers, and motorcycles
- Dangerous drugs and defective medical devices
- Pedestrian accidents
- Bicycle crashes
- Product liability cases
- Catastrophic injuries
- Construction accidents
- Premises liability cases, like slip and fall accidents
- Wrongful death cases
If your situation is not on this list, do not give up. We cannot possibly list every type of personal injury case here. We’re here to listen to your story and advise you on your options.
We’re Well-Versed in North Carolina’s Personal Injury Laws
Most personal injury claims arise out of the legal concept of negligence. Negligence is defined by the Supreme Court of North Carolina as failing to “exercise proper care” in certain situations.
Here’s an example to better understand negligence and the role it plays in personal injury cases. A customer enters a busy department store. The property owner has a duty of care to ensure that the area is safe for guests. Then, the customer slips and falls on a waxed floor that doesn’t have a warning sign. As a result, they suffer a traumatic brain injury and incur damages, such as medical bills and lost wages.
However, merely proving that the defendant was negligent is not sufficient in North Carolina. North Carolina still retains the concept of contributory negligence in personal injury cases. If a plaintiff is found by a jury to be even one percent at fault for an accident, they can’t recover damages.
This is where Whitley Law Firm comes in. When we take your New Bern personal injury case, we compile evidence to show that the other party acted negligently and owes compensation. Supporting evidence in your case can include photos of the accident scene, eyewitness testimony, and security camera footage, if available.
We Prove the Four Elements of Negligence
Proving negligence requires asserting four elements:
- Duty of care. The other party must have owed you a duty of care. For example, all motorists must adhere to traffic laws.
- Breach of duty. Failing to adhere to traffic laws constitutes negligence because it puts others at risk of serious injuries. Let’s say that a drunk driver gets behind the wheel. This automatically breaches their duty of care because drunk driving causes accidents.
- Causation. In this scenario, the drunk driver caused your collision in New Bern, resulting in serious injuries.
- Quantifiable damages. You must have losses from the incident, such as medical bills and lost wages.
You don’t have to worry about proving these elements or really understanding what constitutes negligence. With Whitley Law Firm, all you have to worry about is getting better and moving on with your life. We take care of everything necessary to complete your case.
Recoverable Damages in New Bern Personal Injury Claims
The compensation you can pursue for a New Bern personal injury case depends on the unique facts of your situation. Every personal injury claim is different.
Here are some damages we have won for our personal injury clients:
- Lost wages. After a severe injury, you will likely be unable to work for a while. Wounds take time to heal. If you lost wages, tips, bonuses, and benefits, we could include those costs in your claim’s overall value.
- Future lost wages. Catastrophic injuries can leave a person unable to earn as much money as they did before the accident. Chronic pain, weakness, decreased range of motion, paralysis, and cognitive impairment from severe wounds can decrease the individual’s ability to support themselves through gainful employment.
- Medical expenses. This category can include expenses such as ambulance or life flight, emergency room or trauma center care, blood transfusions, intensive care, x-rays or CAT scans, physical therapy, diagnostic procedures, operations, doctors, and hospitals.
- Rehabilitation costs. Devastating injuries, like spinal cord damage, can require an extended stay in a specialized facility. You may have to relearn things like walking, talking, and performing day-to-day tasks.
- Long-term care. When a person experiences a life-changing injury, they might not be able to live independently again. You can recover the cost of living in an assisted living facility or hiring in-home help.
- The cost of anything you spent out of pocket. You may have spent money on temporary transportation expenses, childcare costs, and assistive devices. We can use bills, receipts, and invoices to prove the cost of these losses.
- Pain and suffering. This damage compensates the victim for the physical discomfort and emotional distress the accident caused. The value of pain and suffering depends on your situation, including the nature of your condition.
- Other non-economic damages. Non-economic damages comprise losses that don’t have tangible dollar values. They can include disfigurement from amputations, burns, and extensive scars. Many people develop post-traumatic stress disorder after suffering serious injuries. This can result in loss of enjoyment of life––another compensable expense through a claim or lawsuit.
Our wrongful death lawyers offer compassionate, warm care to grieving families in New Bern. If you lost a loved one, we know that our condolences only go so far. So, we turn our sympathies into action, and we do everything possible to advance your wrongful death case.
We Have a Limited Time to Pursue Your New Bern Personal Injury Case
You have all the time in the world to rebuild your life and get a fresh start. You don’t, however, have all the time in the world to file a personal injury lawsuit.
You only have three years under G.S. § 1-52 to file a personal injury lawsuit in North Carolina. Wrongful death cases must get filed within two years, according to G.S. § 1-53.
Missing the statute of limitations could cost you everything. That’s because North Carolina law could forever bar you from seeking compensation from the negligent party who caused your injuries. We want to get started on your case as soon as possible. This allows us to comply with deadlines and advocate for what you deserve.
Our Case Results for Personal Injury Claimants in North Carolina
We work tirelessly to get the results our clients need. For example, we got a $10 million settlement for our clients whose family members passed away in an apartment fire. In another instance, we settled the injury claim of a mail carrier who suffered paralysis in a collision. That claim yielded a $5.5 million settlement.
We settled before trial for $2.3 million for our client who was riding a bike and suffered life-altering injuries in a collision. What do these case results mean for you? We know how to win the big cases.
If you suffered severe injuries from an accident that another party caused, we encourage you to talk to us. You deserve compensation––plain and simple. Our lawyers in New Bern aim to make the claims process as straightforward as possible.
What Measures Could Bolster My Personal Injury Case?
There are three things that could move your case forward. They include:
- Getting consistent medical treatment. For any injury, healthcare providers’ notes concerning treatment are key pieces of evidence. They could assert the severity of your condition, the extent of your recovery period, and other relevant details.
- Getting a copy of the police/accident report. A police/accident report provides a firsthand account of what happened. It should include the date, time, and location of the accident, along with what injuries you suffered.
- Keeping all case-related correspondence. This information can include emails between yourself and the liable insurance company (or information exchanged between you and the at-fault party).
Your personal injury lawyer can explain what other considerations could strengthen your case.
Three Mistakes to Avoid After Suffering Injuries in New Bern
While there are many post-accident considerations that could benefit your case, there are also some pitfalls that could complicate matters. You should avoid:
Letting the Insurer Talk You Out of Hiring a Lawyer
The claims adjuster might say that you do not need an attorney to recover damages. If lawyers were not useful in these cases, however, then why do insurance companies hire so many of them to defend against claims from injured people? You have every right to hire a lawyer. Don’t let the other party assert otherwise.
Accepting the First Settlement Offer
The claims adjuster may seem like a perfectly decent person. At the end of the day, however, they have one mission: to save money on claims and make their employer money. So, you shouldn’t assume that the first offer accounts for each of your injury-related losses. Your lawyer can vet all offers and advise you to accept one that meets your needs.
Posting About the Incident on Social Media
The insurance company can usually access your social media accounts, despite your privacy settings. Its representatives can see your pictures and comments about the accident and twist them into something you did not intend.
When a New Bern personal injury attorney from Whitley Law Firm handles your case, we can protect you from these and many other pitfalls.
Begin Your Free Case Review With Our Family-Owned Firm Today
Most personal injury cases never see the inside of a courtroom. Often, when insurance representatives see that a plaintiff is represented by a New Bern personal injury attorney from Whitley Law Firm, they’re eager to negotiate.
We fight for everything you need and deserve after suffering an injury due to another party’s negligence. We’re standing by to listen to your story and chart a path moving forward. To begin your free, no-obligation case review, call (919) 785-5000.
