Davidson Personal Injury Lawyer

Davidson Personal Injury Attorney

A competent Davidson personal injury lawyer can help you pursue compensation for medical bills and other damages incurred due to an accident caused by a negligent party. An attorney can evaluate the strength of your case and speak on your behalf with insurance companies and any legal proceedings.

What Does It Mean to File a Personal Injury Claim?

North Carolina allows those who suffered damages as a result of another person’s carelessness or misconduct to take legal action. The affected party asserts their right to recover any damages incurred by filing a personal injury claim. Many personal injury cases in Davidson are settled out of court by negotiating with the liable party’s insurance provider.

However, an injury claim sometimes goes to trial, where it must be systematically proven that the at-fault party acted negligently and that their careless behavior directly caused the plaintiff’s injury and damages. If the injured individual is determined to be partially at fault for the accident that caused their damages, they lose their right to receive a settlement payout.

What Is Liability in Personal Injury Law in NC?

Liability refers to the responsibility of the party you believe caused your injury to provide monetary compensation in order to remedy the wrongdoing. Your attorney must prove there was negligence within the defendant’s conduct to prove liability. Evidence must establish that the accused party owed you a duty to act in a certain manner or refrain from committing certain acts.

For example, drivers have an obligation to their fellow motorists to follow traffic laws and show reasonable regard for others’ safety. Your lawyer must then prove that the defendant breached this obligation or failed to make reasonable efforts to fulfill their duty. For the case to be considered negligence, it’s required to show that the defendant’s breach of duty is what directly caused your injury and other damages.

This means the evidence must show that the breach of duty is what proximately led to the injurious accident, as opposed to the accident occurring concurrently yet unrelated to any breach of duty. Your injury lawyer must also provide proof that you sustained actual damages as a result of the defendant’s negligence, such as medical bills from treating your injuries, lost wages due to being unable to work, etc.

Common Personal Injury Accidents and Injuries

If you’re unsure whether your situation qualifies for a personal injury claim, be sure to consult with an experienced injury law attorney who can review the details of your case. These are some common types of personal injury accidents and circumstances:

• Property owner negligence: Also known as premises liability, this law asserts that all property owners are responsible for taking reasonable measures to maintain the safety of their premises and are liable for any injuries resulting from the failure to fulfill this duty.
• Defective or dangerous products: Product liability states that manufacturers and distributors of a retail product are responsible for any harm caused as a result of a faulty or defective item.
• Motor vehicle accidents: Traffic collisions involving cars, trucks, motorcycles, boats, bicyclists, or pedestrians may lead to a personal injury claim if one party sustains injury or other damages due to another party’s negligence.
• Medical malpractice: When a medical provider or healthcare facility inflicts more harm or fails to treat a patient, that individual may file an injury claim asserting malpractice occurred.
• Catastrophic injury: A catastrophic injury is particularly severe, often resulting in the victim sustaining permanent damage and impairment. Catastrophic harm includes traumatic brain damage, spinal cord injuries, paralysis, amputation, loss of function of a body part, and cognitive disabilities.
• Wrongful death: In the event a victim of a negligent accident does not recover from their injuries, their spouse or other relatives can file for wrongful death on their behalf.

FAQs

What Is Pure Contributory Negligence in NC?

North Carolina law recognizes the doctrine of pure contributory negligence, which states that if the person seeking compensation is found to be at all partially liable for the accident, they forfeit their right to recover any damages.

This means that if you’re proven to be even one percent at fault for the circumstances leading to your injury, the law bars you from pursuing a compensatory settlement. Having an experienced attorney to fight against the defendant is important in arguing your liability.

What’s Needed to Prove Liability in an Injury Claim?

To prove the at-fault party’s liability for your injury, all elements of negligence must be proven. These include:

• The defendant owed you a duty, or obligation, to take reasonable action in committing or refraining from committing a certain act
• The defendant breached this duty or failed to fulfill the obligation
• The breach of duty was the proximate cause of your injury that otherwise wouldn’t have occurred
• Actual damages were suffered, such as medical expenses, lost wages, physical pain, etc.

What Is the Compensation for Personal Injury in NC?

Compensation for personal injury claims includes the injured party’s economic losses and non-economic damages, and, in some cases, punitive damages are also included in a settlement.

Economic damages are the quantitative losses the plaintiff incurred as a result of the injury accident, such as the costs of medical treatment, rehabilitative care, lost wages, loss of future income, and property damages.

Non-economic losses are subjective, including the person’s physical pain and psychological suffering, among other damages.

What Types of Injuries Does Personal Injury Cover?

North Carolina personal injury laws cover any harm—physical injury, damage to personal property, etc.—sustained that’s proven as resulting from a third party, including one’s profession. Examples of injuries one may file a claim regarding include workplace accidents, medical malpractice, motor vehicle accidents, property owner negligence, defective or dangerous products, and wrongful death.

Take Action Early, Ask a Qualified Injury Lawyer About Your Claim

If you’re unsure whether or not you may have a strong injury claim, it’s still recommended that you consult with an experienced injury law attorney. Even minimal injuries are entitled to some compensation. However, you don’t have limitless time to file a claim, so it’s smart to get a second opinion right away. Contact the team at The Law Office of William T. Corbett, Jr., P.L.L.C., today to schedule an initial consultation.