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Accidents involving commercial vehicles often result in severe damage. The size and weight of these vehicles, compared to the average passenger vehicle, make them incredibly dangerous to others sharing the road. Following an accident with one of these vehicles, an experienced New Bern commercial vehicle accident attorney can help you recover compensation.

At Whitley Law Firm, we have a proven history of taking on the big trucking companies and winning. Our team of experienced New Bern truck accident lawyers will work around the clock to ensure you recover the money you need and deserve. Get in touch with us today to set up a free consultation with a member of our legal team.

Steps a Commercial Vehicle Accident Attorney Serving New Bern Will Take to Get You the Money You Need

When you hire a New Bern personal injury lawyer to help you recover compensation following an accident, there are many steps they will take in your case to ensure a favorable outcome. One of the first things your lawyer is likely to do is to begin their own investigation into your accident. Their aim will be to gather evidence and prove the fault of another party.

After this initial inquiry is complete, your attorney will review the damages you incurred and calculate how much your claim is worth. They will then complete all the necessary paperwork for an insurance claim or personal injury lawsuit and file it with the appropriate party. Your lawyer will then begin preparing your case for a potential trial. 

All the while, they will also be in negotiations with the opposing party, working to reach a favorable settlement agreement. Most cases will end up settling out of court. However, your attorney will still ensure you are prepared should a trial prove necessary. If your case goes to court, your lawyer will present arguments on your behalf in an attempt to win your case.

Contributory Negligence in North Carolina

In most states, accident victims can pursue damages following a crash even if they were partially responsible for the accident. However, this is not the case in North Carolina. When assessing fault, the state uses a contributory negligence rule that only allows accident victims to recover damages if they are 100% blameless. However, the burden of proving that you contributed to your injuries lies on the Defendant.

Available Damages After a Commercial Vehicle Accident

If you were injured in an accident with a commercial vehicle, there are several types of damages you will likely be able to claim. You will need to identify all the damages you qualify to recover in order to secure the full value of your claim.

An experienced commercial vehicle accident attorney in New Bern can help you determine which damages apply to your case and maximize the amount you are able to recover.

Compensatory Damages

Compensatory damages are awarded to compensate an accident victim for any losses they sustained as a result of their accident. Damages included in this category cover both financial losses and anything that harmed your quality of life. Some of the compensatory damages most frequently awarded in commercial vehicle accident cases include:

  • Emotional distress
  • Medical bills
  • Projected future medical expenses
  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Loss of companionship
  • Permanent disability
  • Property damage
  • Scarring and disfigurement
  • Lost wages
  • Decreased ability to earn income

Punitive Damages

Punitive damages are only available in a small percentage of commercial vehicle accident cases. These damages are not used to repay an accident victim for their losses like compensatory damages. Instead, the purpose of these damages is to punish the liable party for the role they played in causing your accident.

Punitive damages will only apply to your case if the at-fault party acted with the purpose of causing harm or was grossly negligent.

At Whitley Law Firm, our team of experienced commercial vehicle accident lawyers can help you identify all the types of damages that can be recovered for your accident so you can recover the full value of your claim.

Pay Attention to the Filing Deadline When Pursuing Compensation After a Commercial Vehicle Accident

When looking to recover compensation following a commercial vehicle accident, you must pay attention to the filing deadline as outlined in the state’s personal injury statute of limitations. In North Carolina, this statute gives accident victims three years to submit their lawsuit in most cases. Missing the filing deadline will typically result in the loss of your right to claim damages.

However, you should still consult an experienced lawyer even if you believe you no longer have options for collecting compensation. An attorney may be able to identify an exception in your case that will permit you to file outside the usual three-year window.

Of course, you may find that the specifics of your case swing your deadline in the other direction instead. There is always a chance that you will be limited to a matter of months rather than years to take legal action. Hiring a lawyer as soon as possible after your accident is the best way to ensure that an unexpected deadline doesn’t block you from recovering compensation.

Get Help from an Experienced Commercial Vehicle Accident Attorney Serving New Bern Today

After incurring injuries in a commercial vehicle accident, recovering compensation from the liable party can be critical. The best way to improve your odds of getting the money you need is by securing the services of an experienced lawyer. At Whitley Law Firm, we will do everything in our power to secure favorable compensation on your behalf.

Our team of experienced commercial vehicle accident lawyers serving New Bern is ready and waiting to help with your case today. Contact us through our website or by phone to set up your free initial case review with a member of our staff today.