Marcari, Russotto, Spencer & Balaban
Free Consultations: (888) 351-1038
Blog

Road Blocks to Recovery

Sometimes there are roadblocks to recovering compensation for serious injuries.

Some of the obstacles encountered often include the following:

  • Denial of liability. In North Carolina, the defendant can prove that your actions contributed to causing an accident. Generally, this proof can bar your recovery. North Carolina operates on pure contributory negligence law, which means that if you are even only 1% at fault, you cannot recover any damages. The exception is when the defendant’s negligence was gross, willful or wanton. The case of Brewer v. Harris established a precedent that plaintiffs can recover damages under these circumstances.
  • Denied coverage. It is important to report your accident as soon as possible to your insurance company. Often, people fail to perform this important step. Your insurance company is obligated to defend you in claims, but if you failed to report the accident, insurance policies typically have terms that absolve the company of the obligation.
  • Hit-and-run accidents. In a hit-and-run accident, there is no other party to sue for damages. Unless you carry collision insurance or uninsured motorist coverage, you have no way to recover damages.

 

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

What our clients say
Reviews
Reviews
  • google
    5.0/5.0

    My husband had a major motorcycle accident. He did survive, and worked hard to get back by doing Physical Therapy and being compliant with his medical regime. He had a attorney for 13months that did not communicate with him. My husband did everythin...

    Read more

    [email protected] simple20

  • google
    5.0/5.0

    No description provided

    Read more

    Kyle Hargrove

  • google
    5.0/5.0

    No description provided

    Read more

    Kyle Hargrove

  • google
    5.0/5.0

    I live in the Northeast. I had a complicated claim and because I already have a high rating, no one near me wanted to take my case. I contacted this firm and they gladly accepted my business. I worked closely with attorney Ryan Spencer and paralega...

    Read more

    Bradley Blatchley

  • google
    5.0/5.0

    This law firm helped me get the VA to classify my husband as 100% disabled from an injury he suffered while in the Navy which later gave rise to Parkinson's. They're very good.

    Read more

    Anita Dwyer

See all reviews
Get excellent legal representation at an office close to you.
  • This field is for validation purposes and should be left unchanged.
Call for free consultation

888-351-10338


Questions?

Our trained operators are ready to assist.

Start Chat
Offices serving the Carolinas, the Virginias & Florida

Available 24/7 — We’ll come to you

View all locations
back to top