Gastonia Personal Injury Attorneys
No one is prepared for the way a serious accident can impact their lives. However, if you were hurt due to someone else’s recklessness or carelessness in Gastonia, you have the right to seek justice in the form of financial compensation for your losses.
At Stewart Law Offices, our knowledgeable Gastonia personal injury lawyers* are devoted to helping accident victims pursue the full compensation they need for medical expenses, lost income, pain and suffering, and other damages. Our skilled legal team has the experience and the resources to thoroughly investigate your case and demand maximum compensation for you.
Our responsive and compassionate personal injury attorneys in Gastonia are available to you right away when you need trusted legal advice. If you or your loved one has been hurt in an accident, call our law firm today at (866) STEWART to schedule a free consultation to discuss your rights and learn how we can help you.
Common Types of Personal Injury Claims We Handle in Gastonia
At Stewart Law Offices, we help Gastonia residents with all types of personal injury claims. Our highly qualified legal team has extensive experience helping those who are struggling to cope with claims involving:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Boating Accidents
- Workers’ Compensation
- Medical Malpractice
- Premises Liability
- Slip and Fall Accidents
- Dog Bites
- Wrongful Death
If you have suffered a serious or catastrophic injury in Gastonia due to any type of accident that was caused by negligence, don’t hesitate to contact us right away. Our knowledgeable personal injury lawyers in Gastonia will review your situation in detail and help you determine the next steps for you and your family. Your initial consultation is always free, so there is no risk in meeting with us to discuss your situation and learn about your legal options.
Why You Need a Gastonia Personal Injury Attorney
Sustaining an injury due to another person’s negligence necessitates crucial decisions that will define your recovery and financial outlook. Although North Carolina law permits self-representation, an experienced Gastonia personal injury attorney offers significant advantages.
Insurance companies deploy skilled teams of adjusters, investigators, and lawyers dedicated to minimizing claim payouts. Without legal counsel, you’d be negotiating against professionals who handle claims daily. Our legal team effectively levels the playing field by:
- Accurately calculating your claim’s full value, including all current and future damages.
- Proactively gathering and safeguarding essential evidence before it is lost.
- Managing all communications with insurers, preventing you from making damaging statements.
- Vigorously negotiating to secure the maximum possible compensation.
- Initiating lawsuits and taking cases to trial when a fair settlement cannot be reached.
The stakes are even higher due to North Carolina’s strict contributory negligence rule. If the insurance company successfully proves you were even marginally (1%) at fault, your entire claim could be denied. Our Gastonia personal injury lawyers possess the knowledge to shield you from these tactics and build cases that can withstand intense scrutiny.
What to Look for When Choosing a Gastonia Personal Injury Attorney
Not all personal injury lawyers offer the same level of experience, resources, or commitment to clients. When choosing a Gastonia personal injury attorney, consider these essential factors:
- Experience with Your Type of Case: Personal injury law covers many case types. Choose attorneys with proven success handling cases similar to yours, whether that’s car accidents, premises liability, or wrongful death.
- Track Record of Results: Review case results and verdicts. While past results don’t guarantee future outcomes, they demonstrate an attorney’s ability to secure meaningful compensation for clients.
- Resources to Handle Complex Cases: Serious injury cases require expert witnesses, accident reconstructionists, medical experts, and investigators. Make sure your attorney has the resources to fully develop your case.
- Trial Experience: Most cases settle, but insurance companies offer better settlements when they know your attorney will take cases to trial if necessary.
- Responsive Communication: Your attorney should keep you informed, return calls promptly, and make you feel like a priority, not just another case file.
- Contingency Fee Basis: Reputable personal injury attorneys work on contingency, meaning you pay no attorney fees unless they win your case.
At Stewart Law Offices, our Gastonia personal injury attorneys meet all these criteria and have recovered millions for North Carolina accident victims over 30 years.
Injuries Commonly Caused by Personal Injury Accidents
Personal injury accidents in Gastonia cause a wide range of injuries, from minor to catastrophic. Our attorneys have represented clients suffering from:
- Whiplash and cervical strain
- Herniated discs and back injuries
- Broken bones and fractures
- Concussions and traumatic brain injuries (TBI)
- Internal injuries (bleeding, organ damage)
- Torn ligaments (knee/shoulder injuries, rotator cuff tears)
- Serious scarring and disfigurement
- Psychological trauma (anxiety, PTSD symptoms, sleep disruption)
The severity of your injuries directly impacts the value of your claim. Our Gastonia personal injury lawyers work with medical experts to fully document how your injuries affect every aspect of your life.
North Carolina Personal Injury Laws
North Carolina personal injury law is based on negligence principles. To recover compensation, you must prove:
- Duty of Care: The defendant owed you a legal duty to act reasonably. For example, drivers owe other motorists a duty to follow traffic laws.
- Breach of Duty: The defendant violated that duty through action or inaction. Running a red light breaches the duty to obey traffic signals.
- Causation: The defendant’s breach directly caused your injuries. You must prove your injuries wouldn’t have occurred “but for” the defendant’s negligence.
- Damages: You suffered actual harm—medical expenses, lost wages, pain and suffering, or other losses.
North Carolina follows the contributory negligence doctrine under N.C. Gen. Stat. § 1-139, one of the harshest negligence rules in the United States. This makes working with experienced Gastonia personal injury lawyers essential to protecting your rights.
Statute of Limitations for Personal Injury Claims in Gastonia, NC
North Carolina law establishes strict time limits, known as the statute of limitations, for filing personal injury lawsuits. Missing these deadlines is fatal to your case, regardless of the strength of your evidence, and you will permanently lose your right to seek compensation.
Key Deadlines:
- Most Personal Injury Lawsuits: You typically have 3 years from the date of the injury to file the lawsuit.
- Wrongful Death Claims: You have two years from the date of death to file.
However, in North Carolina, the personal injury statute of limitations may be extended under specific exceptions. These exceptions include:
- Minors: The deadline is postponed until the injured party reaches 18.
- Medical Malpractice: The “discovery rule” allows filing within one year from the date the injury was discovered.
- Fraud or Concealment: Such instances may also result in an extension of the typical filing deadlines.
Insurance companies are aware of these deadlines and may deliberately prolong negotiations, hoping you will miss the filing date.
Building a strong personal injury case requires time. Evidence can vanish, and witnesses’ memories fade. Contact our Gastonia personal injury lawyers immediately to ensure your rights are protected and all legal deadlines are met.
How North Carolina’s Contributory Negligence Rule Affects Your Case
North Carolina follows pure contributory negligence. If you are even 1% at fault, you may be barred from recovery. Insurance companies often exploit this rule, making skilled legal representation essential.
Despite being a strict rule, contributory negligence in North Carolina isn’t always a complete barrier to compensation. Doctrines like the last clear chance allow recovery if the defendant could’ve avoided the accident. Gross negligence or willful conduct by the defendant can also override contributory negligence.
Steps to Take After a Personal Injury Accident in Gastonia
The actions you take immediately after an accident significantly impact your ability to recover compensation:
- Seek Medical Attention Immediately: Your health comes first. See a doctor even if you feel fine; many serious injuries have delayed symptoms. Medical records also create crucial documentation linking your injuries to the accident.
- Call Police: For vehicle accidents, call 911. A police report provides an official, objective account of what happened.
- Document Everything: Take photos of the accident scene, your injuries, property damage, weather conditions, and anything else relevant. Get contact information from witnesses.
- Don’t Admit Fault: Never say “I’m sorry” or make statements about who caused the accident. Be polite but limit your statements to factual information.
- Notify Your Insurance: Report the accident to your insurer, but don’t give recorded statements or sign medical releases without talking to an attorney first.
- Preserve Evidence: Keep damaged clothing, take photos of bruises and injuries as they develop, and save all accident-related documents.
- Follow Medical Advice: Attend all appointments, follow treatment plans, and document everything. Insurance companies scrutinize gaps in treatment.
- Contact a Personal Injury lawyer: A skilled lawyer will evaluate the full extent of your losses and aggressively pursue fair compensation, ensuring the settlement accurately reflects how your injuries have impacted your life.
How to Strengthen Your Personal Injury Claim
Strong claims are built on consistency and documentation.
Helpful steps include:
- Attend all medical appointments and follow treatment plans
- Keep a simple symptom journal (pain levels, sleep, limitations)
- Save receipts for medications, travel, and out-of-pocket costs
- Document missed work and job limitations
- Avoid gaps in care unless your doctor advises them
- Refer insurance calls to your attorney once you hire one
Evidence Needed to Prove a Personal Injury Case
Depending on the case, evidence may include:
- Accident or incident reports
- Photographs/video
- Witness statements
- Medical records and imaging
- Bills and itemized medical charges
- Proof of lost income (pay stubs, tax records, employer letters)
- Expert opinions (accident reconstruction, medical experts, vocational experts)
- Property maintenance records (premises claims)
Your attorney’s job is to gather, organize, and present evidence in a way that persuades the insurer or a jury.
How Compensation Works in a Gastonia Personal Injury Case
Compensation for North Carolina personal injury claims can be obtained through several avenues:
- Insurance Settlements: The majority of personal injury cases are resolved through negotiated settlements with insurance providers. Your attorney handles the process, which includes demanding payment, presenting evidence, negotiating terms, and finalizing the settlement agreements.
- Jury Verdicts: If a satisfactory settlement cannot be reached, your lawyer will file a lawsuit and take the case to trial. A jury will then review the evidence to determine the defendant’s liability and the appropriate amount of compensation.
- Structured Settlements: In cases involving substantial awards, the defendant may propose a structured settlement, which distributes compensation payments over an agreed-upon period instead of as a single lump sum.
- Multiple Liable Parties: If several parties were negligent and contributed to the accident, you may be able to recover compensation from multiple defendants or their insurance policies.
- Your Own Insurance Coverage: Depending on the specifics of the accident, you might also recover damages through your personal insurance, including:
- Uninsured/underinsured motorist (UM/UIM) coverage
- Medical payments (MedPay) coverage
- Personal injury protection (PIP)
- Health insurance (though it may assert subrogation rights to recover payments it made)
Types of Damages You May Recover
Depending on the claim type, damages can include:
Economic damages
- Medical bills
- Rehabilitation and physical therapy
- Prescription costs
- Lost wages
- Loss of earning capacity
- Property damage (in vehicle cases)
- Out-of-pocket expenses (travel, home modifications, etc.)
Non-economic damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring/disfigurement
- Long-term impairment and disability impact
Punitive damages (in limited cases)
Punitive damages are not awarded in every case. They generally require aggravating conduct (for example, willful or wanton conduct). Availability depends on the facts and applicable statutes.
How Long Does a Personal Injury Case Take to Resolve?
There is no standard timeline, but most cases follow predictable stages:
- Investigation and evidence gathering
- Medical treatment and documentation (often the longest piece)
- Demand package and negotiations
- Settlement or lawsuit filing
- Discovery, mediation, and (if needed) trial
The most significant factors affecting the timeline are the seriousness of the injury, the need for ongoing treatment, liability disputes, and whether a lawsuit is necessary to get a fair result.
How Much Does It Cost to Hire a Gastonia Personal Injury Lawyer?
At Stewart Law Offices, we work on a contingency fee basis, meaning you pay nothing upfront, no attorney fees unless we win, and no out‑of‑pocket expenses even if compensation isn’t recovered. Our percentage‑based fee is agreed upon before we begin and deducted only from successful recoveries, ensuring fair access to experienced representation and aligning our success with yours.
How Our Gastonia Personal Injury Attorneys Can Help You
Injured in Gastonia, NC? Contact Stewart Law Offices today! Our experienced Gastonia personal injury attorneys are ready to investigate your accident, gather evidence, challenge insurance companies, and fight for the compensation you deserve. With decades of experience and millions recovered for clients across the Carolinas, we have the resources and dedication to protect your rights. Don’t wait, call our Gastonia office now for a free consultation and let us guide you toward a fair recovery.
Frequently Asked Questions (FAQs)
Case value depends on your specific injuries, treatment costs, lost income, how injuries affect your life, the strength of liability evidence, and available insurance coverage. Gastonia cases vary widely based on these factors. During your free consultation at our Gastonia office, we’ll evaluate your circumstances and provide an honest assessment of your case’s potential value based on our experience with similar cases in the Gastonia area.
Your own uninsured/underinsured motorist coverage may provide compensation when at-fault parties in Gastonia lack adequate insurance. We’ll explore all possible sources of recovery, including multiple insurance policies and pursuing defendants’ personal assets when appropriate. This is particularly important in Gastonia, where we sometimes encounter uninsured drivers.
Generally, three years from the injury date under North Carolina law, though exceptions apply. Wrongful death claims arising from Gastonia accidents have only two years. Don’t wait to consult a Gastonia attorney. Evidence from accident scenes throughout Gastonia disappears, witnesses forget details, and building strong cases takes time.
Never give recorded statements without legal counsel, whether the accident occurred on Highway 321, Franklin Boulevard, or anywhere else in Gastonia. Insurance adjusters are trained to ask questions that elicit answers they’ll use against you. Politely decline and say your lawyer will provide the necessary information.
Claim denials aren’t final. Many denials related to Gastonia accidents are reversed through negotiation, additional investigation, or litigation in Gaston County courts. Don’t accept a denial without consulting a Gastonia attorney who can evaluate whether the denial is justified and advise you on your options for pursuing your claim through the North Carolina legal system.
Our contingency fee arrangement means you don’t pay anything upfront or out of pocket for our Gastonia legal services. We only collect fees if we recover compensation for you. This allows anyone injured in Gastonia to afford experienced legal representation regardless of their financial situation.