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The Five Ws: Who, What, When, Where, and Why of Durham Car Accidents


The Five Ws: Who, What, When, Where, and Why of Durham Car Accidents

There are a multitude of different situations that occur and leave injured people in need of representation after a car accident in Durham, North Carolina.  No matter the situation, you will likely be asked the Five W’s. It is imperative that these questions are answered openly and honestly to ensure that your attorney can represent you to their full ability.

Who is it about?
When bringing a personal injury claim in Durham, NC, there are usually several people or entities that have an interest in what happens. The parties involved typically include an injured individual, or claimant, an at-fault driver, both your own and the at-fault drivers’ insurance companies, and a claims adjuster. The claims adjuster may work on behalf of a car insurance company or possible as part of a risk management team for a self-insured grocery store. The claims adjuster evaluates claims on a case-by-case basis and determines their value.

What happened?
Personal injury cases are commonly associated with car accidents. A big part of bringing a claim, is trying to establish what happened. When a party can establish what happened, many other questions an adjuster, attorney, or anyone else involved might have are also resolved.

When did it take place?
The deadline to file a lawsuit for damages is referred to as the “Statute of Limitations.” In North Carolina, this date is typically calculated by adding three years to the date the injury occurred. If the deadline passes and you have not filed your lawsuit, you may be barred from recovery. There are a handful of exceptions to the three-year rule. To calculate your statute of limitations, please see our Statute of Limitation Calculator.

Where did it take place?
Was it at a shopping mall, on a military base or in a parking lot in Durham, NC? Insurance coverage is provided in different ways for each of these examples. The location of the incident also plays a role in determining where a lawsuit can be filed.

Why did it happen?
This is the most important question of all. In North Carolina, if the accident was your fault, or if you contributed to the accident in any way, you are barred from recovering damages for bodily injuries. Contributory negligence is one of the most common defenses used by claims adjusters when denying coverage. Under the law of contributory negligence, if the plaintiff was at fault in any way then they may be barred from recovery.

If you have been injured, speak to an attorney who will take the time to ask you the Five W’s. The attorneys at Wallace Pierce Law provide thorough in-person and telephone consultations. Contact your Durham Personal Injury Lawyer at Wallace Pierce Law for a free and honest case evaluation.

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