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
  • lawyers
    5.0/5.0

    They are helpful for getting me what I need for my case. They are friendly to meet an associate with.

    Read more

    Client

  • lawyers
    5.0/5.0

    Really appreciated all of the foot work this firm put in.

    Read more

    Client

  • lawyers
    5.0/5.0

    Definitely recommend this law firm '5 starts'. I received constant updates on my case and I feel this firm works hard to achieve customer...

    Read more

    Client

  • google
    5.0/5.0

    The attorneys were very fast and they always kept me up to date on my case. They were very friendly and answered all my questions.

    Read more

    Brandon Jackson

  • google
    5.0/5.0

    The attorneys were very fast and they always kept me up to date on my case. They were very friendly and answered all my questions.

    Read more

    Brandon Jackson

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) 351-1038


Questions?

Our trained operators are ready to assist.

Start Chat
Offices serving North Carolina, South Carolina & Virginia

Available 24/7 — We’ll come to you

View all locations
back to top