In the blink of an eye, life can change drastically. A serious injury, whether the result of a workplace accident, slip and fall, or auto accident on Market Street in Wilmington, North Carolina, can thrust you into a world of uncertainty, pain, and financial burden.
If you or a loved one has suffered an injury or loss due to someone else’s negligence or wrongdoing, you may be entitled to hold the wrongdoers accountable for your damages. And, with the right legal guidance from an experienced Wilmington personal injury lawyer, you may be able to recover full and fair compensation.
Contact Shipman & Wright today for a free consultation. Let our personal injury law firm explore your case together and chart a course toward recovery and restitution.
Why Work With Our Personal Injury Lawyers?
At Shipman & Wright, our legacy is built on decades of dedicated legal service and a commitment to obtaining justice and rightful compensation for our clients.
What Sets Shipman & Wright Apart:
- Community Roots: With deep ties to Wilmington and the surrounding areas, we have built our practice on understanding the needs and challenges of our community.
- Our Knowledge and Experience: Our team’s extensive legal experience spans various facets of personal injury law, equipping us with the unique capability to handle your case with the precision it deserves. We can go up against powerful adversaries, such as a trucking company, employer, or insurance provider.
- Client-Focused Service: We believe in the power of personalized attention. Unlike larger, impersonal firms, we ensure every client receives the focused support they need to navigate their case successfully. Read what our clients have to say about our attorney-client relationships.
- No Upfront Costs – We Win, or You Don’t Pay: We operate on a contingency fee basis, which means that you will owe us nothing unless in attorney fees we secure compensation for you. This policy underscores our commitment to your success and allows you to pursue your injury claim without financial stress.
Choosing the right Wilmington personal injury attorney can make all the difference in the outcome of your personal injury case. At Shipman & Wright, we are not just injury attorneys; we are advocates for your rights, dedicated to securing the best possible outcome for you and your family.
Our Case Results
$4.8 Million
Car Accident
$3.2 Million
Truck Accident
Client Testimonials
“While driving home after a vacation in North Carolina, we were struck head on by a vehicle traveling 70 mph. The team at Shipman and Wright, especially Kimberly Smith, did a wonderful job looking out for our interests as we dealt with insurance companies. They were kind, compassionate and they listened! We recommend them without any reservations.”
Steve & Sylvia B.
“I highly, highly recommend this firm!! Mrs Jillian Blanchard has been wonderful to work with. She is extremely thorough, responds quickly to all questions/concerns, is very easy to talk to and a fantastic advocate! I am very grateful to have found her!”
Erin N.
Read more client testimonials.
Wilmington Personal Injury Resources & FAQs
- Do I Have a Personal Injury Case?
- Types of Personal Injury Cases Our Law Firm Handles
- How a Wilmington Injury Attorney Can Help
- The Statute of Limitations for NC Personal Injury Claims
- North Carolina’s Contributory Negligence Laws
- What Damages Can I Recover in a NC Personal Injury Claim?
- What Does The Personal Injury Claims Process Look Like?
- How Long Does It Take to Settle a Personal Injury Claim?
- Contact Our Wilmington Injury Lawyers Today
Do I Have a Personal Injury Case?
Determining whether or not you have a personal injury case requires understanding the legal elements involved in this type of lawsuit. There must be a legal basis or foundation available to initiate a case. Most compensation claims are based on the doctrine of negligence, meaning a failure to use proper care.
Negligence has four elements:
- Duty of care: a responsibility the accused party (defendant) had to act with ordinary care to prevent harm to others. For example, all drivers in North Carolina have a duty to prevent car accidents by behaving cautiously and prudently behind the wheel.
- Breach of duty: negligence or wrongdoing that violated the defendant’s duty of care, or an act or omission that a reasonably prudent person would not have committed in the same circumstances. An example is a driver texting while driving.
- Injury or harm: real losses or damages suffered by the victim (plaintiff), such as bodily injuries, medical expenses, emotional distress or property damage.
- Causation: a clear, provable connection between the plaintiff’s losses and the defendant’s wrongful or negligent act. The defendant’s actions must be the proximate or actual cause of the plaintiff’s harm.
It may also be possible to base a personal injury claim on a legal doctrine such as strict liability or a breach of warranty. In addition, after a work accident, you may have grounds for a no-fault workers’ compensation claim. Tell your injury story to one of our attorneys during a free case review to find out if you have grounds to file a personal injury claim in Wilmington, NC. If so, we can help you gather evidence, such as your accident report, to prove the required elements of negligence.
Types of Personal Injury Cases We Handle
At Shipman & Wright, our personal injury attorneys handle a wide array of personal injury cases, and our commitment to our clients is unwavering, regardless of the nature of their injury. Here is a look at the types of personal injury cases our attorneys handle:
- Motor Vehicle Accidents: Our Wilmington accident lawyers have extensive experience with car accidents, truck accidents, motorcycle accidents, and rideshare accidents (both Uber accidents and Lyft accidents), including those involving drunk driving. We understand the complexities of auto accidents and the significant impact they can have on victims and their families.
- Construction Accidents: The construction industry is fraught with risks, and accidents can lead to severe injuries or even fatalities. We are committed to assisting those injured on construction sites and helping them navigate the legal system to secure the compensation they deserve – including both workers’ comp claims and injury suits.
- Dog Bites: Dog attacks can cause physical and emotional scars. North Carolina law provides avenues for victims to receive compensation, and our Wilmington dog bite lawyers are skilled in handling these sensitive cases with the diligence and empathy they require.
- Pedestrian Accidents: Pedestrians hit by vehicles often suffer serious injuries. Our Wilmington pedestrian accident attorneys are dedicated to advocating for pedestrian rights and securing the necessary medical care and compensation for their recovery.
- Slip & Fall Accidents: Property owners have a duty to ensure their premises are safe. A slip-and-fall accident can occur anywhere and can have lasting consequences. Our personal injury law firm has a successful track record of holding negligent parties accountable.
- Spinal Cord Injuries: A spinal cord injury can be life-altering, requiring significant medical treatment and adjustments to your daily life. Our Wilmington spinal cord attorneys are adept at securing settlements that cover both the current and future needs of spinal cord injury victims.
- Traumatic Brain Injuries (TBIs): A TBI can profoundly affect an individual’s life and livelihood. Our Wilmington personal injury attorneys possess the knowledge and experience to tackle these complex cases, ensuring you receive comprehensive compensation for your brain injury case.
- Wrongful Death: Losing a loved one due to negligence is an unimaginable tragedy. We stand with families during these difficult times, pursuing wrongful death claims in Wilmington to provide financial security and a sense of justice.
Each type of personal injury case brings its unique challenges, but our approach remains constant: to provide personalized, effective legal representation tailored to the specific needs and circumstances of our clients.
How an Experienced Wilmington Personal Injury Attorney Can Help
The journey to securing compensation for your injuries involves several critical steps. Here is how our legal team of Wilmington personal injury lawyers will assist you at each stage of the process:
- Initial Consultation: It all starts with understanding your story. A personal injury lawyer will listen intently, assess the merits of your case, and outline a personalized legal strategy.
- Investigation and Documentation: Collecting evidence to support your claim is crucial. We will meticulously document your injuries, gather accident reports, and liaise with medical professionals to build a robust case for compensation.
- Negotiating with the Insurance Companies: Armed with evidence, we will enter negotiations with the liable party’s insurance provider to secure an offer that fully compensates for your losses, without the need for a court battle.
- Litigation (if necessary): If a fair settlement cannot be reached, we will be prepared to advocate for you in court. Our seasoned trial attorneys will be relentless in pursuing justice on your behalf.
It is also important to note that North Carolina’s strict contributory negligence law can bar you from receiving compensation if you are found even 1% at fault for your injuries and losses. With the stakes so high, it is critical to have an injury attorney who can prove the full extent of the other party’s negligence and disprove any perceived fault on your part.
The Statute of Limitations for Personal Injury Claims in North Carolina
According to N.C. General Statutes Section 1-52, a personal injury lawsuit must generally be filed within three years from the date of the injury. However, there are circumstances that may lengthen or shorten this period. It is also crucial to understand that the statute of limitations does not apply to insurance claims, which should be initiated much sooner.
Initiating an insurance claim promptly after an injury ensures that evidence is preserved and strengthens your negotiating position. Furthermore, early consultation with a Wilmington personal injury attorney allows for a comprehensive legal strategy to be developed, considering all deadlines and legal requirements.
North Carolina’s Contributory Negligence Laws
In North Carolina, there is an important law to know if you file a personal injury claim. It is called the contributory negligence law, and it could take away your ability to recover financial compensation from a negligent party if your case is not handled correctly. An insurance company may use the contributory negligence defense to try to blame you for the accident.
North Carolina is one of only a few states that use a contributory negligence system as opposed to the more lenient comparative negligence system. Contributory negligence does not allow a plaintiff to recover any financial compensation if he or she is found to have contributed to the accident or injury at all; even with just 1 percent of fault.
In North Carolina, you can only recover financial compensation if your personal injury attorney can prove that the defendant is 100 percent at fault for the incident. Otherwise, the use of the contributory negligence defense could bar you from making a financial recovery. Experienced attorneys at law can help you fight against this defense strategy to preserve your right to recover compensation.
Types of Recoverable Damages in an NC Personal Injury Claim
The types of damages, or financial compensation, that could be available in a personal injury cause of action depend on the case. The goal of a personal injury claim is to make accident victims whole again after suffering losses due to a defendant’s negligence. The damages available will depend on the losses the plaintiff suffered.
Available types of damages can include:
- Economic damages: financial losses the victim suffered from the accident and injury, such as medical bills, physical therapy, rehabilitation, lost wages, travel costs, property damage, out-of-pocket expenses, and funeral or burial costs.
- Noneconomic damages: intangible or nonmonetary losses the victim suffered, such as physical pain and suffering, emotional harm, mental anguish, post-traumatic stress disorder, decreased quality of life, and loss of consortium.
- Punitive damages: compensation awarded to punish a defendant for egregious acts of wrongdoing, such as gross negligence or a wanton and willful disregard for the safety of others. These damages are less common than compensatory damages in North Carolina.
You should always discuss the value of your personal injury case with an attorney before accepting a settlement from an insurance company. The value assigned to your case by an insurer may not adequately cover your past and future losses. Unlike an insurance company, an attorney wants you to recover maximum financial compensation.
What Does the Personal Injury Claims Process Look Like?
Filing a personal injury claim does not mean you are going to trial. Most personal injury cases in North Carolina successfully achieve settlements, or agreements made outside of court between the parties. Settlements are generally preferred because they take less time and money. They are also less risky than putting the matter before a judge and jury.
A personal injury lawyer can take over settlement negotiations with an insurance company for you to fight for fair compensation and try to resolve your case outside of court. If the insurance company refuses to accept liability or offer a reasonable settlement, however, trial lawyers may have to take your case to a Wilmington civil courthouse for a positive case outcome.
With an attorney by your side from the very beginning of your case, you can rest assured that you will achieve the best possible results with minimal stress. An attorney knows how to take on insurance companies to fight for a just settlement. The insurer will recognize your lawyer’s ability to bring your case to trial, if necessary, and may offer a better settlement to avoid this.
How Long Does It Take to Settle a Personal Injury Claim in Wilmington, NC?
The amount of time it takes to settle a personal injury claim in North Carolina can vary widely based on the factors involved. A complex case will generally take longer to resolve than a straightforward case. A fast settlement may take anywhere from three to six months, while a more complicated case or one that goes to court may take one year or longer.
Factors that can influence a case’s timeline include:
- Injury severity
- The length of the victim’s recovery time
- Medical treatment duration
- The number of involved parties
- Liability disputes
- The negotiation process
- Insurance company cooperation
- Whether the case settles or goes to trial
You may be able to achieve a faster case resolution by hiring an experienced personal injury attorney in Wilmington to represent you. A law firm can efficiently move through your case to achieve the best possible result while avoiding a major legal battle. For a general idea of how long your case may take, consult with our Wilmington accident attorneys.
Contact Our Wilmington Personal Injury Attorneys at Shipman & Wright Today
Getting justice and fair compensation after an injury or loss caused by someone else’s wrongdoing can be difficult, but you do not have to do it alone. An experienced Wilmington personal injury attorney at Shipman & Wright can guide you through every step of the legal process.
Our commitment to your well-being and justice is unwavering, and our track record speaks volumes about our dedication and success in helping clients just like you. Call Shipman & Wright today or fill out our contact form for a free case review, and let our Wilmington personal injury lawyers take the first step towards achieving the best possible outcome for you and your family.
Contact information for our Wilmington office: 575 Military Cutoff Road, Suite 106, Wilmington, NC 28405. Phone number: (910) 762-1990.