Durham Settlement Attorneys
We Can Help After Your Car Accident Involving Minors
If you’ve ever been injured by the negligence of another driver, you know firsthand that the road to recovery can be a long and stressful process. This is doubly true if your child has been harmed in an accident as well.
When it comes to securing compensation for a minor child, it can be intimidating to navigate such an important and complicated process on your own, as court approval is often required to finalize the settlement. Our Durham settlement attorneys have the experience needed to guide you through the process, and our guide provides comprehensive answers to common questions relating to settlements.
At Wallace Pierce Law, we’re dedicated to giving clients the information they need to make informed decisions for themselves and their families.
What Does It Mean to Settle a Claim?
In settling claims, car accidents involving minors are treated differently. Under North Carolina law, a minor child under the age of 18 years lacks the capacity to sue or be sued, which is why the courts become involved.
When you’ve been injured, you may generally seek relief through one of two channels. First, you can file a lawsuit by going to the county courthouse and filing a complaint and summons. A lawsuit or litigation will require a jury of your peers to evaluate two big-picture questions: (1) the defendant’s liability, and (2) if so, your damages.
Litigation is often favored in larger personal injury claims because it offers the party an opportunity to explore and evaluate the claims and defenses through a process called discovery. Litigation can sometimes “level the playing field” by requiring the at-fault party, also known as the defendant, to abide by any relevant rules and procedures of the court.
Lawsuits are often filed after negotiation attempts between the parties are unsuccessful. However, it is recommended that accident victims attempt a good-faith negotiation of their personal injury claim before filing the lawsuit, as lawsuits are terribly expensive and time-consuming.
Lawsuits Aren't Easy
The harsh reality is that once you file your lawsuit, you may spend several years and thousands of dollars litigating it, and it is difficult to predict how much you will be able to recover, if at anything all. Even if you receive a favorable judgment in court, collecting on that judgment is all too often a headache unto itself.
Given these difficulties involved in litigation, many plaintiffs choose to attempt a negotiation before filing a lawsuit. Settlement negotiations typically involve opening a claim with the at-fault party’s insurance company, calculating and determining damages, issuing a demand for compensation, and negotiating the settlement amount.
If and when an agreement is reached with the responsible party’s insurance company, the injured party effectively “agrees” to forego his or her right to sue in exchange for monetary compensation. The “agreement” that governs this contract not to sue in exchange for money is called a Settlement and Release of Claims.
This option is often favored because it is significantly faster than a lawsuit and allows the injured party to have more of a say in how much money he or she is willing to accept. Since the parties don’t have to step into a courtroom, everyone typically saves a substantial amount of time and money as well.
To get started on your claim, get in touch with us today.
“When my 4-year old son and I were involved in a terrible head-on collision, I wasn't sure where to turn. Wallace Pierce has been great showing me the way!”- Mary P.
“Richard Dingus is a great attorney! And I think the best, serving in the state of North Carolina. I would recommend him for injury and bodily claim any day.”- Isaac B.
“They were concerned not only about getting our vehicle replaced, but more importantly my kid’s full recovery.”- Coral M.
“I retained this law firm to fight my case. I was completely shocked at the amount I received once the case was won.”- Schjuana S.
“Mr. Pierce gave me practical advice and was very thorough in guiding me through the process. I left with a strong and positive impression of him.”- Audria L.
“Was able to either point me in the right direction or answer any questions I had regarding the accident I was in. Thank you!”- Steven L.
“Great Law Firm, Friendly Staff, Amazing Service. Willing to help you every step of the way.”- Caleb M.
“I could not recommend anyone any higher than I recommend Wallace Pierce Law, they get the job done and they do it quicker and better and keep you informed along the way.”- Debby L.
$1,900,000 Wrongful Death
The at-fault driver failed to reduce speed and collided with our client's vehicle. Our client passed away shortly after the collision.
$900,000 Wrongful Death
Our client was thrown from his motorcycle and was pronounced deceased on the scene.
$122,000 Car Accident
Vehicle made a left-hand turn, failing to yield the right of way.
$104,000 Serious Injuries
Client was a passenger in a vehicle that was driving through an intersection when another vehicle ran a stop sign and t-boned the vehicle our client was in.
$104,000 Severe Injury
We were able to not only receive policy limits for our client but were able to negotiate her medical bills and liens to ensure that she was able to keep a good portion of the settlement.
$102,000 Serious Injuries
Elderly client was a passenger in a vehicle that was t-boned in an intersection where a driver failed to yield the right of way.