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Why the Timing of a North Carolina Personal Injury Claim Matters

June 15, 2023

Personal Injury Claim Matters in NC

Personal Injury Claim MattersAt Dewey, Ramsay & Hunt, P.A., our Charlotte personal injury attorneys understand that most North Carolina residents do not anticipate getting hurt because of another person or party’s negligence. Unfortunately, it happens more often than you think.

Whether someone is hurt in a vehicle collision, slip and fall incident, construction accident, or because of another negligent action or inaction, they have the right to file a personal injury claim against the liable party’s insurance company for their damages.

With few exceptions, the North Carolina personal injury statute of limitations is generally three years from the date the incident and injury occurred. While this may seem like an unlimited timeline to pursue results, there are multiple reasons why injury victims should act sooner than later, to help ensure their physical, emotional, and financial recovery is the priority.

Acting Right Away Helps Accurately Outline Your Injuries.

Our North Carolina personal injury lawyers encourage all injury victims to seek medical care immediately after their accident occurs. You cannot diagnose your injuries without professional medical help. If you wait, you could suffer delayed, catastrophic injuries to the head, neck, back, or internal organs that go undiagnosed.

Seek medical care right away, be sure a treatment plan is in place, and follow all your physician’s directions going forward.

Acting Right Away Helps Preserve Crucial Evidence.

No matter where your injury occurred, the person, party, or entity who may be liable for your damages is going to do what they can to remove any potentially critical evidence from the scene that points to their liability.

For instance, if you fell into an open area at a construction site that should have been fenced off, take pictures — or enlist a friend or family member to take pictures — of the area before you leave the scene. Chances are, the area will be either blocked or repaired if you wait to record the details of the accident scene.

Likewise, if you are in an accident with a commercial vehicle, retaining a Charlotte personal injury attorney quickly will allow your representative to review the truck driver’s logbooks and important records, the trucking company’s employee records, and all crucial evidence that proves either — or both — are liable for your injuries. If even a day goes by, these important details can be destroyed.

Acting Right Away Gives the Insurance Company Little Room to Deny Your Claim.

Depending on how your injury occurred, you may be pursuing a vehicle insurance policy, a commercial property insurance policy, or even a homeowner’s insurance policy for your damages. The one thing they all have in common is that standing between you and your financial recovery is an insurance company.

Insurance companies will do all they can to avoid paying claims. Even when they do, they will search for reasons to undervalue your damages.

If you wait to seek medical care, speak with an attorney, and preserve crucial evidence, you may be opening the door for the insurance company to deny your claim. The insurance representative may state that since you waited to get medical care — or if you didn’t follow your physician’s complete instructions — you are not as hurt as your claim proposed. Likewise, if you did not preserve any evidence, or work closely with a personal injury attorney who could, you simply cannot prove you were injured because of their policyholder’s negligence.

While it is true that all North Carolina personal injury victims have three years to file a claim, you shouldn’t wait. We can help you get started.

Contact Our Experienced Charlotte Personal Injury Attorneys Today.

At Dewey, Ramsay & Hunt, our personal injury attorneys in Charlotte provide free consultations by calling 704-377-3737 or contacting us online. We can help you understand the best way to approach your expenses while your case is being negotiated with the insurance company, so you can focus on your recovery, instead of being overwhelmed by your medical bills and lost wages.

We provide unique legal services tailored to fit each client’s needs and do not get paid unless you do.

Your Injury, Our Fight. How can we help you take a stand?

Because every case is different, the description of awards and cases previously managed by our law firm does not guarantee a similar outcome in current or future cases.