Every day, people get hurt in accidents caused by reckless drivers, faulty products, poorly maintained premises, and so many other situations that could have been avoided if only the people involved had been more careful. When this happens - when you or a loved one gets injured because someone else made a careless or reckless mistake - you should investigate whether or not filing pursuing a personal injury claim would be in your best interest.
The concept of filing a personal injury claim is very straightforward; it's simply a way of compensating you for your losses legally declaring if that you were injured by the wrongdoing of someone else and you'd like the person or people responsible to pay for the costs of your recovery. It is important to get help from an experienced personal injury attorney. This wrongdoing can often be as simple as negligence, which is the failure of a person to use ordinary care. In North Carolina, you are entitled to recover damages from a person who negligently causes your injury, unless they can request will be granted if you can prove that you did not contributed to the accident that caused you harm. This concept is known as "contributory negligence."
If you're researching how to handle a personal injury claim in North Carolina, you've probably come across the term "contributory negligence." This is just a fancy way of saying that if you're found to be at all responsible ("at fault") for your injury, you cannot collect payment from the other person or people who contributed to the accident in question.
In the event that you're trying to file a wrongful death claim on behalf of a loved one who was killed in an accident, the contributory negligence rule still holds true. If it is perceived that your loved one was even partially responsible for the accident that resulted in their death, North Carolina law will prevent you from being able to collect payment from the other party involved.
Because of North Carolina's contributory negligence rules, it's vital that you have an experienced personal injury attorney representing you through your claim. For more than 25 years, I have successfully handled both personal injury claims and appeals throughout Raleigh and the surrounding areas.
Negligence looks different from one case to another, but it essentially comes down to the same core principle: proving that someone else is at fault for the injuries and damages you've experienced. Below are just a few examples of negligence in action. Each of these scenarios could constitute a valid personal injury claim in North Carolina:
- Premises Liability. When you visit a property, you expect the person or business that owns it to maintain a safe environment. However, things like wet floors, icy parking lots, and unleashed animals can lead to accidents that put the property owner at fault.
- Products Liability. As with property, you expect the products you buy and use every day to be safe for use. When they're not, you may be able to collect compensation from the manufacturer, seller, or product designer.
- Car Accidents. After a car wreck, there tends to be a lot of finger pointing between the drivers involved. However, if you (or rather, your attorney) can prove that the other driver was 100% at fault for the accident, that could mean more money in your pocket.
- Dog & Animal Bites. A dog owner can be liable if his dog bites someone where the dog had a history of aggression, and where the dog owner is in violation of an ordinance requiring the use of a restraint. North Carolina operates on a one-bite rule. This means that, once a dog or other pet shows signs of violence, their owner is fully responsible for their actions from that point forward. If you or your child has been bitten, I can help you investigate whether you may have grounds to file a claim.
- Minor's Claims. Minors often can't protect themselves from certain dangers. And, when they get hurt, they often can't advocate for themselves. That's why it's crucial that we speak up for them whenever another person's mistake causes them to get hurt. I have written the leading published manuscript in North Carolina on minor's claims for personal injuries.
- Brain Injuries. Brain injuries can result from high-impact accidents, medical negligence, medical malpractice, and a variety of other mistakes. No matter the cause, though, my interest is in helping you get compensated for the damage done to you or your loved one.
- Wrongful Death. Whenever the cause of a person's death can be traced back to a certain mistake or set of mistakes, that person's survivors have every right to seek justice on their behalf. While this won't undo your loss, it can alleviate your financial burden and help to ensure that the person or people responsible never repeat their mistake.
No matter the cause of your accident or loss, I invite you to contact me to schedule a free, informative consultation. Together, we can review your best options and determine what your next steps should be.
Whether you need help filing a personal injury claim or appealing a court's ruling on your case, I am more than prepared to represent you. Reach out today to schedule a free consultation. During our talk, I'll listen to understand your unique situation and provide you with the information you need to get your case moving forward.