Asheville Personal Injury Lawyer

Asheville Personal Injury Attorney

The term “personal injury” can apply to any incident in which one party’s actions cause harm to another. This could be physical harm and/or economic loss, and the injured party has the right to seek accountability and compensation for their damages from the party who harmed them. If you or a loved one has experienced such an incident, it is important to know your rights and the value of working with an experienced Asheville personal injury lawyer.

If you have suffered some sort of injury, your future has been cast into uncertainty. It can be difficult to tell immediately what the full impact of a personal injury will be because the full effects may not become evident for years to come. You need to know that you will have access to the medical treatment that you will need as well as having the financial resources to meet your needs as you go through whatever rehabilitation and recovery that your injury requires.

Whether you have been injured in an auto accident or in an incident at your workplace, our firm can provide the exceptional representation that can help you secure the resources you need to move forward with your life again.

At Ganly & Ramer, P.L.L.C., our Asheville, North Carolina, personal injury attorney is a member of the Million Dollar Advocates Forum. He has earned that honor by securing verdicts or settlements of $1 million or more for a number of clients. Our attorney and staff have in excess of 35 years of legal experience; we believe that experience truly makes a difference for our clients. If you have lost a loved one, we can pursue justice and compensation through a wrongful death claim.

Exceptional Car Accident Representation

Car accidents are a leading cause of personal injuries in Asheville and throughout North Carolina each year. These incidents can cause severe physical injuries and a host of economic losses, and fault for an accident may not be immediately clear. A car accident can radically change the course of your life. Take strong action as soon as possible to protect your rights. We will dedicate our firm’s full resources to holding those who caused your injuries responsible.

Our motor vehicle accident personal injury and wrongful death litigation experience includes:

• Auto accidents. Auto accidents most commonly occur because of driver negligence, but they may also occur from illegal misconduct behind the wheel. Whatever the cause of your recent accident may be, if another driver is responsible, your Asheville personal injury lawyer can help you file an auto insurance claim and pursue a personal injury suit if necessary to ensure the fullest possible recovery.
• Uninsured and underinsured drivers. North Carolina law requires all drivers to have auto insurance that meets basic coverage requirements for bodily injury liability and property damage liability, but there are still many uninsured drivers throughout the state. If an uninsured driver caused your recent accident, we could help hold them accountable for your damages with a personal injury suit.
• Passenger injuries. An injured passenger has the right to seek compensation for their damages after an accident. It’s possible for fault for the accident to fall to the driver of the vehicle in which they were riding or the driver of another vehicle. Whatever your case entails, trust our team to help you prove fault and recover your damages.
• Bicycle accidents. When a motor vehicle driver hits a bicyclist, the bicyclist faces a high risk of suffering severe traumatic injuries. If you were hurt in a bicycle accident, we can help prove fault for the incident and hold the appropriate driver accountable just as we could after any motor vehicle accident in Asheville.
• Motorcycle accidents. Motorcycles do not have the same safety features that enclosed passenger vehicles have, so when a motorcycle accident happens, the rider faces a severe risk of extreme injury. These cases are similar to most other vehicle accident cases, except they tend to involve more severe injuries, some of which may result in permanent disability and significant financial loss.
• 18-wheeler truck and commercial vehicle wrecks. Commercial truck drivers face greater duties of care on the road than most other drivers, and their large vehicles are easily capable of inflicting tremendous harm in a very short time when accidents happen. If you were injured in a truck accident, we can help you identify all liable parties and recover maximum compensation for your damages.

Vehicle accidents may be some of the most common causes of personal injuries in Asheville and throughout North Carolina, but personal injuries may also occur in other ways as well. Most personal injuries happen because of negligence or failure to exercise reasonable care in specific situations. However, it is also possible for a personal injury to result from another party’s intentional and illegal actions.

Filing an Auto Insurance Claim After a Vehicle Accident in Asheville

Auto insurance typically provides the first avenue of recovery after any vehicle accident in Asheville, North Carolina. State law requires all drivers to have insurance that meets basic coverage requirements, and failure to have appropriate insurance can lead to various penalties along with personal liability for any damages the uninsured driver causes in an accident. If you were hurt in a crash, an attorney can help you file your auto insurance claim.

Dealing with an insurance company can be challenging because insurance companies will almost always push back against claims for coverage in whatever way they can. If an injured driver attempts to resolve their auto insurance claim alone, they could encounter resistance to their legitimate claim that they will not know how to address, and they could unintentionally accept a much lower settlement than they legally deserve.

When you have legal representation, an auto insurance carrier is far less likely to attempt any bad faith tactics once they notice you are represented by counsel. Your attorney can help file your claim, resolve any disputes from the insurance carrier, and help you obtain the settlement you legally deserve from the at-fault driver’s policy. If their insurance won’t cover all your damages, you can then file a personal injury suit to recover your remaining losses.

Workplace Violence

If you have been injured on the job by an act of violence, either involving a co-worker or another party, your employer may be responsible for helping you recover. If your employer was aware of the risks that led to your injury and did nothing, or not enough, to protect you, then that inadequate security may be grounds for establishing his or her responsibility.

It’s possible for this type of case to generate a workers’ compensation case because the victim was harmed while they were working, but the victim could also have grounds to pursue a personal injury claim against the specific party who harmed them. Additionally, the at-fault party is likely to face criminal charges if they intentionally harmed the victim, and the victim’s attorney can explain the potential implications this may have when it comes to their recovery.

Workers’ compensation is an invaluable safety net for anyone who has suffered an injury at work in North Carolina. The state enforces strict rules when it comes to employers’ requirements for facilitating workers’ compensation claims, and a successful claim can yield substantial benefits. However, there are limits to what workers’ compensation insurance can cover, and a personal injury suit may be necessary in some cases to ensure the fullest possible recoveries.

Drunk Driving Accidents

While the majority of vehicle accidents reported in Asheville each year are the result of negligence behind the wheel, drunk and drugged driving are also common causes of these damaging incidents. When a driver has caused an accident because they were intoxicated behind the wheel, they not only face liability for the damages they inflicted on others but also criminal charges for driving while intoxicated (DWI).

If you were harmed in a DWI accident, you need an experienced attorney who can guide you through the various stages of your recovery efforts. You will likely need to file an auto insurance claim initially, followed by a personal injury suit, to recover the damages that insurance cannot cover. Additionally, the at-fault driver could face additional penalties in the form of punitive damages and/or restitution that could significantly enhance your total recovery.

Filing Your Personal Injury Claim in Asheville

The main objective of your personal injury claim is to hold a defendant accountable for their actions and to secure compensation for the damages their actions have inflicted on you and your family. The plaintiff must accurately identify the defendant or defendants responsible for harming them, prove how they harmed the plaintiff, and prove the full extent of all resulting damages.

Success with your personal injury claim will require strong evidence, some of which you may be unable to secure on your own. For example, if you were injured in an auto accident, you may need traffic camera footage, the other driver’s cell phone records, and testimony from witnesses at the scene of the accident. Your Asheville personal injury lawyer can help recover any such evidence to help firmly establish fault for your damages.

The plaintiff in a personal injury case must also be prepared to prove causation between their claimed damages and the defendant’s actions. This means they will need to prove that their damages were the direct result of the defendant’s actions and not any other cause. This is more straightforward in some cases than others, and it is another aspect of your case where your attorney’s assistance could be invaluable.

The plaintiff must also provide clear evidence showing the full extent of their claimable damages. A good attorney will know how to help their client secure the compensation they need to be as whole as possible again after their injury. The total case award from a successful personal injury suit usually includes compensation for the victim’s economic and non-economic damages.

Claiming Damages in Your Personal Injury Case

Economic damages in a personal injury case are the direct financial losses you suffered because of the defendant’s actions. These are generally proven with the appropriate documentation linking them to the incident. Many plaintiffs are able to claim compensation for property losses, medical expenses, and lost income resulting from their personal injuries. However, they are also able to claim projected future economic losses.

For example, if you suffered a catastrophic physical injury because of a defendant’s actions, you may not only require immediate medical care following the incident but also ongoing rehabilitative treatment. The defendant would be liable for your immediate and future medical expenses resulting from their actions. Similarly, you can not only claim compensation for lost wages but also lost future earnings if you have been permanently disabled.

Calculating these projected future economic damages can be very challenging without an attorney’s help. Your attorney can assist you with assessing the full future economic impact of your personal injury based on your current earnings, your age, and how long you otherwise would have been able to continue working. They can also help accurately assess the value of any property losses you intend to claim.

Non-economic damages pertain to physical pain, psychological suffering, emotional distress, trauma, and diminished quality of life resulting from a defendant’s actions. These are subjective, and many people will find it hard to assign monetary value to intangible losses like physical pain, but your attorney can provide helpful guidance in this aspect of your case. North Carolina law does not limit compensation for pain and suffering in most personal injury cases.

Your Asheville personal injury lawyer may determine suitable pain and suffering compensation to seek from a defendant using various methods. If you are expected to make a full recovery in the near future, they may use a per diem method that focuses on the time it takes for you to recover. Alternatively, if you sustained a life-changing injury resulting in permanent disability, they may multiply your economic damages to reflect the severity of the harm you suffered.

Wrongful Death Claims

A wrongful death claim is a type of personal injury claim filed by the surviving beneficiaries of a deceased individual after another party has caused a fatal injury. While a standard personal injury suit seeks compensation for the victim’s losses, a wrongful death claim seeks compensation for the damages sustained by the family of the victim. This type of claim is inherently emotionally stressful, so it is vital to have a trustworthy attorney on your side.

Your Asheville personal injury lawyer can help gather the evidence you need to establish liability for your loved one’s wrongful death, and your successful claim could yield compensation for your family’s economic and non-economic damages. Ganly & Ramer, P.L.L.C., can provide compassionate and responsive legal counsel for all phases of your impending wrongful death suit and help you hold the defendant accountable for your loved one’s death.

What to Expect From Your Asheville Personal Injury Lawyer

The right attorney can be an essential asset when it comes to building your personal injury claim, navigating your legal proceedings, and resolving your case as efficiently as possible. The attorneys at Ganly & Ramer, P.L.L.C., have years of experience handling all kinds of personal injury cases, and we will fully leverage all of our experience, professional resources, and skills to guide you toward your recovery.

When you choose our firm to represent you, we will immediately begin gathering the evidence you will need to prove fault. We will also assist you in accurately identifying all parties responsible for your damages, and you can expect responsive communication from our team should you have any questions or concerns as your case unfolds. We aim to resolve our client’s cases as swiftly as possible to secure the compensation they need to recover.

Many personal injury suits filed in North Carolina ended in private settlement negotiations. The private settlement process is valuable to both a plaintiff and a defendant because it enables all parties involved in a case to reach a conclusion far more quickly than litigation typically allows. As long as both the plaintiff and the defendant are willing to compromise, it is possible to complete the settlement process in far less time than litigation would require.

However, litigation is unavoidable in some cases. If your case cannot be settled privately, you will need an attorney who is ready and able to represent you with confidence in the courtroom. Our team will prepare you for each courtroom appearance and help present the strongest possible case before the judge and/or jury assigned to review your claim. Bear in mind that litigation could take several months to more than a year to complete.

FAQs

How Can I Prove Fault for a Personal Injury in Asheville?

You can prove fault for a personal injury in Asheville by securing physical and digital evidence to support your claim and by obtaining testimony from witnesses who saw your injury happen. Proving fault will be an essential first step in any personal injury claim, but every plaintiff will face different challenges when it comes to securing evidence and testimony to support their case.

Can I Claim Compensation if I Am Partially Responsible for My Injury?

No, you cannot claim compensation if you were partially responsible for your injury. Even if you were only slightly to blame for whatever incident caused your personal injury, North Carolina upholds the contributory negligence rule. This means that if a plaintiff is found liable for their damages, they cannot claim compensation from any other liable party. Your attorney can help disprove any allegations of contributory fault from the defendant.

How Much Compensation Can I Recover for a Personal Injury?

The amount of compensation you can recover for a personal injury will depend on the damages you suffered. A successful personal injury suit can yield compensation for all economic damages you sustained, along with compensation for your pain and suffering. The exact total will vary from case to case, and your Asheville personal injury lawyer can be an invaluable asset when it comes to maximizing your total compensation.

How Do I Find the Right Asheville Personal Injury Lawyer?

You can find the right Asheville personal injury lawyer by researching the attorneys in your area who have proven success handling cases like yours. It is crucial to not only evaluate an attorney’s overall experience level with personal injury law but also their record of successful cases similar to yours. Scheduling an initial consultation with a prospective attorney is a great method for assessing whether they are the right fit to represent you in your case.

What Does It Cost to Hire an Asheville Personal Injury Lawyer?

The cost to hire an Asheville personal injury lawyer will only be a percentage of your final award if you choose Ganly & Ramer, P.L.L.C., to represent you. We take all personal injury cases on a contingency fee basis, meaning our client pays a percentage of their final award as our fee at the end of their case. There are no upfront or ongoing fees and no fees at all if we are unable to secure a recovery for our client.

Talk With A Personal Injury Lawyer Today

From our office in Asheville, we represent clients in communities throughout North Carolina. Call us at 828-844-5274 or use our convenient email contact form to arrange a free consultation. Our contingency fee arrangement means that you will not pay attorneys’ fees or case preparation costs if you do not win your case.