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From either our Raleigh or Tarboro offices, we strive to assist the victims of serious automobile and truck injuries. Our lawyers have handled cases involving head injuries, herniated discs, neck injuries, back injuries, broken bones and injuries resulting in serious surgeries
If
you or a family member was injured or someone you
know has died as a result of another's wrongful act
involving an automobile accident, truck crash or serious car crash, certain legal
rights exist to protect you. You may be entitled
to compensation for personal injury including: medical bills, lost wages, pain
and suffering, loss of enjoyment of life, scarring,
loss of consortium, permanent injury and possibly
punitive damages. Often you must act swiftly after
an accident to preserve the evidence you need to
pursue these recoveries and be made whole for your injuries.
We represent the citizens of North Carolina, not the large Insurance Companies.
Our firm employs experienced investigators who begin investigating the claim immediately to determine what happened and what evidence we may need to assist you with your case.
They take statements, pictures, video and make sure we know what happened as soon as possible. Insurance companies are
staffed with attorneys and adjusters who are well
trained in resolving claims in the best interest of
the insurance companies. We will be glad to use our
experience in this area of the law to help you in
anyway we can.
In a personal injury action resulting from an
automobile accident, to recover from an adverse
party, the adverse party must have committed a
negligent act of some sort. In other words their
actions must have been a reason for the car crash.
Often the investigation of the actual cause of the
crash should begin early so that evidence of the
other person’s negligence is not lost or destroyed.
The failure of a driver to exercise due care
resulting in an automobile accident is one example
of a negligent act.
Sometimes your automobile crash claim may have taken
place while you were working. At Keel O’Malley Tunstall, we
often have clients in serious accidents who have to
use the expertise of several of our attorneys at once. If they are out of work for over a year Social Security Disability may be an option they have not considered. Susan O'Malley is a NC Board Certified Specialist in Social Security Disability law.
She is available to help our seriously injured clients obtain the disability benefits they deserve.
If you were working at the time of the collision you may also need assistance dealing with your company's workers' compensation insurance company. Even if the workers' compensation carrier provides all the needed assistance, they may claim a portion of your settlement or verdict as part of a lien on your recovery.. Our attorneys are experienced at arguing against and trying to reduce these workers' compensation liens. Our attorneys have handled workers' compensation claims at all levels of the North Carolina Court System. When you’re hiring an attorney for a serious injury you should consider all aspects of your available benefits. We have the experience to handle injury claims that result in long term loss of time from work and can assist you with every aspect of a serious injury crash.
For many people the first question is whether there is a claim upon which they can recover. If there is negligence and damages typically one can recover in an automobile collision.
Negligence is the breach of a duty owed causing an
injury. Not only must negligence be proven, you must
not be negligent yourself. North Carolina law
recognizes the principle of contributory negligence.
In North Carolina, if you, through any negligence of
your own, contribute to your own injuries, then you
are barred from recovering damages from the
negligent party. North Carolina is one of only a
handful of states to still cling to contributory
negligence. Most states have moved to a more
comparative negligence standard.
Damages must also be proven in order to recover from
another’s negligence from a car accident. Damages,
entitling the person to lost wages, medical bills,
permanent injury and pain and suffering, are called
compensatory damages.
You may also be able to
recover punitive damages which are damages awarded
to the injured person to punish and deter the
flagrant nature of the wrongful conduct. An example
of a situation which may involve punitive damages
occurs when the adverse causes the automobile
accident while under the influence of alcohol or
drugs. In the case of a drunk driver causing the
crash, often punitive damages are recovered in
addition to the compensatory damages. Our attorneys
have tried these cases to juries as well as taken
them on appeal all the way to the North Carolina Supreme Court to assist our clients when they are injured by drunk drivers.
If someone you know has died due to another's
negligence or wrongdoing, you should look at
protecting the rights of the decedent's estate. The
personal representative of the estate may have a
claim against the negligent person or entity. Keel
O'Malley Tunstall, L.L.P. can help you bring a claim on
behalf of the deceased.
If you have any difficulty at all in handling your
claim, Keel O'Malley Tunstall may be able to represent you in
your claim by negotiating with the insurance company
and if that fails, representing you in court. Our
attorneys have tried numerous jury trials to obtain
damages on behalf of clients injured in automobile
accidents. No one wants to be involved in
litigation, but if you were seriously injured in an
automobile accident due to no fault of your own, a
jury trial may be the only way to truly recover the
full value of your case.
Our attorneys, professional staff, investigators and
registered nurse are committed to resolving your
case as quickly and fairly as possible and are
willing to take the necessary steps to recover your
damages for serious personal injury in the
courtroom.
We would be happy to discuss your legal rights with
you on the phone, meet with you in our office or
have one of our staff meet with you at home. There
is NO CHARGE for the initial consultation. If you
cannot come to us, we will GO TO YOU. The members of
our firm look forward to helping you. If
you feel that you are a victim of a preventable auto
injury, or that a loved one has died because of
another’s negligence, call Keel O'Malley Tunstall L.L.P. at
(252) 823-2266 or toll free at 888 - KEEL - LAW, or submit an online
questionnaire.
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