Average Car Accident Settlement in Wilmington, NC [2024 Updated]

It’s common to question the amount of an average car accident settlement in Wilmington, NC. Many people want to prepare for what they think they’ll be able to recover after an accident. Several questions may go through your head when filing a claim. You may be wondering if your medical bills will be paid, how much will your insurance cover, and what will happen if you can’t work. These are all valid questions, and they all are involved in determining a settlement amount in a serious car accident.

What Is the Average Car Settlement Amount in Wilmington, NC?

When it comes to car settlements, there is no average amount that is usually awarded because there is no “average” case. Each case is unique. Cases range from minor, in which a person may only have a scrape or a bruise, to major, where someone may walk away with permanent physical damage, keeping them from working again. A court will consider all the details surrounding the accident and its aftermath to determine the amount of compensation someone should be awarded.

A few things that are taken into consideration when ruling on a car accident compensation award. These include:

• Income
• Injuries
• Fault
• Insurance
• Crash circumstances and evidence

Income

If you are in a car accident that results in lost wages or future lost wages, the court will want to know your income. If you are injured to the point of not being able to work again or only working in a diminished capacity, you may also be awarded the loss difference caused by the injury.

Injuries

Some people are able to walk away from accidents with only minor scrapes and bruises. In this case, injuries may not be factored into a settlement claim. However, with more extensive and serious injuries, compensation may be awarded.

If medical attention is needed, this will be considered in your claim. This includes surgeries, physical therapy, burns, deep scars, and recovery from spine, neck, or brain injuries. In these cases, a person can also file a claim for pain and suffering.

Fault

Considering fault in car accident settlements is unique in North Carolina. It is one of the few states that is a contributory negligence state. This means that if the court finds the plaintiff at any level of fault, even 1%, they will typically not be able to recover any compensation.

Put simply, if you contributed to the accident in any way, no matter how at fault the other driver was, your claim may be denied. To further your claim, you have to prove that the other driver was 100% at fault. There may be a few exceptions to this rule, however. A Wilmington car accident attorney can help you with this dilemma.

Insurance

The at-fault driver’s insurance will have an impact on the settlement you receive. Policies have coverage limits. Each state has its own laws on how much drivers are required to purchase. Within these limits, an insurance policy will cover a certain amount of compensation for an accident. There are limits for each person injured in an accident, the accident itself, bodily injury, and property damage.

Crash Circumstances and Evidence

If an attorney can gather witness statements or if there is video evidence of the accident, this will help tremendously in determining the amount of compensation for a car accident. Simply put, the court will look at all the facts as they are, hopefully backed with evidence, to determine a compensation award.

A court will also consider if the at-fault driver acted in a grossly negligent manner. For instance, if they had an opportunity to avoid the accident but didn’t or if they were intentionally driving recklessly, that may be enough to trump the contributory negligence clause, even if you were partially at fault.

FAQs About Wilmington, NC Average Car Accident Settlement

What Is the Average Car Accident Settlement in North Carolina?

There is no average car accident settlement in North Carolina. Any number given for a settlement can be misleading because no two cases are alike. Numerous factors are taken into consideration when determining a settlement amount. Some things that will be considered include the income of the plaintiff, their injuries and recovery, medical expenses, who’s at fault, and insurance policy limits.

How Much Can Someone Sue for a Car Accident in NC?

Generally speaking, there is no cap as to how much a person can file in a claim for a car accident in North Carolina. As long as you can prove that you have been injured as the result of another person or company, and under no fault of your own, you can sue to recover any damages that you have suffered as a result of the accident.

Can You Sue for Pain and Suffering in North Carolina?

In North Carolina, an accident victim can file for pain and suffering if they have endured physical or emotional pain due to an accident because of a driver’s negligence. This can include physical pain, loss of quality of life, emotional distress, physical or mental trauma, depression, anxiety, and PTSD.

Pain and suffering also covers a person being unable to perform daily tasks as they did before. For example, if an accident has caused them to be paralyzed and need permanent assistance, they may receive compensation for pain and suffering.

How Is Fault Determined in a Car Accident in NC?

North Carolina is a contributory negligence state. This means that the at-fault driver must be 100% at fault in order for the victim to receive compensation. This is determined by looking at all the evidence of the case and using those details to determine who is at fault and to what degree. Evidence can be gathered from eyewitness testimonies, police reports, camera footage, and scene photos.

Contact Christina Rivenbark & Associates

If you have been injured in a car accident, the results can be disastrous. Depending on the severity of the accident, you will likely have much to consider and work through on your journey to recovery. At Christina Rivenbark & Associates, we can handle the legal work so that you can focus on recovering. We can investigate the details of your accident and fight for the compensation you need. Contact us today for more information.