Short Answer

In North Carolina, you may have a car-accident injury case if another driver (or another responsible party) was negligent, you were not contributorily negligent, and the crash caused real damages such as medical bills, lost time from work, or pain and limitations. To evaluate your situation, a lawyer typically needs basic facts about how the wreck happened, what injuries you had, what treatment you received, and what insurance coverage is available. Timing matters too—most injury claims must be filed within three years.

Understanding the Problem

If you were in a North Carolina car accident and a law firm reached out after hearing about it, the practical question is: can you (as the injured person) bring a claim against the at-fault driver, and what details must you share so a personal injury attorney can evaluate whether the claim is worth pursuing and whether any deadlines are approaching?

Apply the Law

Most North Carolina car-accident injury claims are based on negligence. In plain English, negligence usually means someone failed to use reasonable care while driving (for example, following too closely or failing to yield), and that failure caused a crash and injuries. North Carolina also follows a strict contributory negligence rule in many cases: if the injured person’s own negligence contributed to the crash, even a little, it can bar recovery. Finally, you must file suit before the statute of limitations expires—commonly three years for personal injury claims.

Key Requirements

• Fault (negligence by someone else): You need a clear story of what the other driver did wrong and why that caused the collision.
• No contributory negligence by you: The defense may argue you also made a driving mistake that contributed to the wreck; that issue can make or break a case in North Carolina.
• Injury and medical proof: A claim is stronger when your symptoms, diagnosis, and treatment are documented in medical records.
• Causation: The injuries must be tied to the crash (not a separate event), and the timeline of symptoms and treatment matters.
• Damages: There must be measurable losses (medical expenses, time missed from work, out-of-pocket costs) and/or non-economic harm (pain, limitations, disruption to daily life).
• Insurance/collectability: Even with fault and injuries, the available insurance coverage often determines whether a claim can realistically be resolved.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury claims.
• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Places the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 20-279.21 (Motor vehicle liability policy) - Describes required auto liability policy features and addresses uninsured/underinsured motorist coverage concepts.

Analysis

Apply the Rule to the Facts: Here, the only confirmed fact is that a law firm heard you were in a car accident and you asked for a return call, with no details about fault, injuries, treatment, or insurance. Under North Carolina law, that is not enough information to tell whether you “have a case,” because the key decision points are (1) who caused the crash, (2) whether anything you did could be argued as contributing to it, and (3) whether the crash caused documented damages. A proper evaluation starts by filling in those missing pieces quickly, especially because the three-year filing deadline can run even while you are still treating.

Process & Timing

1. Who provides information: The injured person (and sometimes a family member). Where: A North Carolina personal injury attorney’s intake call/meeting. What: A crash summary plus key documents (police report number, photos, medical provider list, insurance declarations pages if available). When: As soon as possible after the wreck, and well before the 3-year statute of limitations runs.
2. Initial evaluation: The attorney typically checks (a) liability facts and any red flags for contributory negligence, (b) injury/treatment timeline, and (c) available insurance (liability coverage, uninsured/underinsured motorist coverage, and any other applicable coverage).
3. Next steps if it looks viable: The attorney may gather records and bills, confirm coverage, document wage loss, and communicate with insurers. If the claim cannot be resolved, the attorney may recommend filing a lawsuit in the appropriate North Carolina court before the deadline to preserve the claim.

Exceptions & Pitfalls

• Contributory negligence issues: Seemingly small facts—speed, following distance, lane position, distraction, or whether you had the right of way—can become the focus of the defense.
• Gaps in treatment: Long delays in getting medical care (or stopping and restarting) can make it harder to prove the crash caused your symptoms.
• Recorded statements and early paperwork: What you say to an insurance adjuster can be used to argue fault or minimize injuries. It is usually safer to be accurate and limited, and to avoid guessing.
• Missing documentation: No photos, no witness info, and no medical records can turn a “real” injury into a hard case to prove.
• Insurance limits and coverage disputes: Even when the other driver is at fault, the available coverage (including uninsured/underinsured motorist coverage) may control what options exist.

Conclusion

In North Carolina, you may have a car-accident case if another driver’s negligence caused the crash, you were not contributorily negligent, and you have provable damages tied to the wreck. Because you have not yet provided details about fault, injuries, treatment, or insurance, the next step is to gather and share those basics so the claim can be evaluated. If you may pursue an injury claim, act promptly—many cases must be filed within three years under North Carolina law.

Talk to a Personal Injury Attorney

If you're dealing with questions about whether you have a North Carolina car-accident claim and what details matter, our firm has experienced attorneys who can help you understand your options and timelines. Call (919) 313-2729 to discuss what happened and what documents to gather.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.