Navigating Personal Injury Claims in Concord

Being injured due to another’s negligence can be an overwhelming experience. The physical and emotional toll can be compounded by the complex legal system involved in seeking compensation. This blog examines the intricacies of personal injury claims, explaining the essential steps you need to take and how a Concord personal injury attorney can help.

Understanding the Legal Groundwork

North Carolina’s personal injury law grants individuals who suffer harm due to another’s negligence the right to seek compensation. To prevail in a claim, the plaintiff must establish, by a preponderance of the evidence, the following elements:

• Duty of Care: The defendant owed the plaintiff a legal duty to act with reasonable care under the circumstances. This duty arises from various legal relationships, such as driver-pedestrian or landowner-visitor.
• Breach of Duty: The defendant violated their duty by acting negligently, failing to exercise the level of care a reasonable person would have in the same situation.
• Causation: The defendant’s breach of duty was the direct and proximate cause of the plaintiff’s injuries. “But-for” causation establishes that the injury wouldn’t have occurred without the breach, while “proximate cause” ensures the connection is not too remote or unforeseeable.
• Damages: The plaintiff suffered quantifiable losses as a result of the injuries. These can include medical expenses, lost wages, pain and suffering, and property damage.

Types of Personal Injury Claims in Concord

Some of the most common types of personal injury claims our Concord attorneys deal with include:

Car Accidents 

Governed by N.C. Gen. Stat. Chapter 20, car accidents are the most common personal injury claims in Concord. Negligent driving, speeding, and driving under the influence can all constitute breaches of duty, potentially entitling the injured party to compensation.

Slip-and-Fall Accidents 

N.C. Gen. Stat. § 38A-16 holds property owners responsible for maintaining their premises in a reasonably safe condition. If you slip and fall due to a hazardous condition, such as a wet floor or a broken staircase, the owner may be liable for your injuries.

Medical Malpractice 

When healthcare providers deviate from the accepted standard of care, causing patient harm, N.C. Gen. Stat. Chapter 90 provides legal recourse. This requires proving the provider’s actions fell below the expected standard, directly causing the patient’s injury.

Product Liability

N.C. Gen. Stat. § 99B allows individuals injured by defective products to seek compensation from manufacturers, distributors, or sellers. Strict liability applies in some cases, where proof of manufacturer defect or failure to warn is sufficient, while negligence or breach of warranty claims require demonstrating fault.

What Is the Personal Injury Claims Process?

The personal injury claims process consists of several essential steps, as follows:

• Seek Medical Attention: Prioritizing your health is paramount. Medical records documenting injuries and linking them to the accident strengthen your claim.
• Consult with an Attorney: An experienced personal injury attorney at 1Charlotte can navigate the legal complexities, gather evidence, negotiate with insurance companies, and represent you in court. 
• Investigation and Evidence Gathering: Your attorney will investigate the accident, gather evidence like police reports, witness statements, accident scene photos, and medical records, building a strong case for your claim.
• Negotiation with Insurance Companies: Most claims settle out of court through negotiation with the defendant’s insurance company. Your attorney will aggressively negotiate to secure a fair settlement for your losses.
• Litigation: If a settlement cannot be reached, your case may proceed to court. Your attorney will prepare and present your case to a judge or jury, seeking a favorable verdict.

Important Factors to Consider

People pursuing a personal injury claim should also keep in mind these crucial factors:

• Statute of Limitations: N.C. Gen. Stat. § 1-52(16) grants a three-year timeframe for filing personal injury lawsuits. Missing this deadline bars your claim.
• Comparative Negligence: North Carolina adheres to a “contributory negligence” rule outlined in N.C. Gen. Stat. § 25-764. If you’re found partially at fault for your injuries, your damages may be reduced proportionally to your contribution.
• Damages: Recoverable damages can include:
  • Economic damages: Medical expenses, lost wages, future lost earning capacity.
  • Non-economic damages: Pain and suffering, emotional distress, loss of life enjoyment.
  • Punitive damages: In rare cases, to punish the defendant for intentional or reckless conduct.

Find the Right Personal Injury Attorney in Concord

Look for an attorney with a proven track record of success in successfully handling personal injury claims in Concord and North Carolina. Specific experience in your type of claim – car accidents, medical malpractice, etc. – is advantageous. 

Also make sure your attorney has a strong reputation for ethical conduct and achieving favorable outcomes for clients. Reviews from past clients and professional recognition can offer valuable insights.

Lastly, make sure your Concord personal injury attorney prioritizes clear communication, keeping you informed about your case’s progress and available options, and is readily available to answer your questions.

Contact us at 704-706-2689 for a free case review!