Lawyers in Greensboro, NC
If you have suffered an injury in an accident that was the result of another party’s negligence, North Carolina law says you may have grounds to file a personal injury claim against that party. The lawyers in Greensboro, NC from our firm can help.
Elements Necessary to Prove a Personal Injury Claim
In order to prove a personal injury case, a lawyer needs to show that the following elements are present:
- The at-fault party had a duty of care not to cause harm. For example, the at-fault driver in a car accident has a duty of care to obey the rules of the road.
- The at-fault party breached that duty of care by engaging in negligent or reckless behavior, such as a driver who runs a stop sign and crashes into a vehicle that had the right of way.
- The victim suffered injuries as a direct result of that at-fault party’s breach of duty.
- The victim has suffered financial and other losses as a result of their injuries. This can include medical expenses, loss of income, and pain and suffering.
How Much Is My Claim Worth?
NC lawyers know that each personal injury claim or lawsuit is different and each victim suffers different losses. There are certain factors that will affect the amount of damages a victim may be awarded. This can include the severity of their injuries and how long their recovery takes.
Generally, a victim can pursue damages for the following losses:
- Past, present, and future medical expenses
- Lost wages and benefits
- Loss of future income due to permanent disability
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of life
- Permanent disability
What If I Was Partially At Fault for the Accident?
Every state has its own laws when it comes to personal injury cases. In some states, there are comparative negligence laws. There are two types of comparative negligence laws. The first determines what percentage the victim was responsible for their injuries and that percentage is deducted from the total amount of damages they were entitled to. This is referred to as pure comparative negligence. In the second type, modified comparative negligence, the victim will only recover if the victim is deemed to be less than 50 percent at fault.
If it is determined that the victim was in any way responsible for the accident that caused their injuries, they are not entitled to any financial compensation. This is called contributory negligence. Even if the victim was only five percent responsible, they will not be able to pursue a claim. Unfortunately, North Carolina is a pure contributory negligence state so if a victim shares any percentage of fault, they will not be able to pursue damages.
Call Our Office for Legal Help
Personal injury claims can be complicated, especially if the injuries are serious and ongoing. The insurance company’s goal is to not pay the victim or to pay as little as possible. You need one of our NC lawyers advocating for you and making sure you get what you are entitled to under the law. Call Garrett, Walker, Aycoth, & Olson, Attorneys at Law, PLLC today.