If another person’s actions or failure to act have hurt you, you can protect yourself by filing a personal injury lawsuit. There are three reasons why you should pursue this:
- You can find out why you were harmed
- You can hold wrongdoers accountable for what they have done
- You can obtain compensation for the losses you have suffered.
At Hardison & Cochran, we know you may be facing the legal process for the first time. So, we want to explain the following aspects of pursuing a personal injury claim in North Carolina.
You Will Need to Establish Fault
To prevail in your personal injury action, you will need to establish that one or more parties are “at fault.” In other words, you must show that the party committed some wrongful act that led to your injuries and losses.
There are many ways this fault can arise. They include:
- Intentional acts – These are acts that were done with the intent to harm you. A physical or sexual assault is a type of intentional misconduct. Road rage is another example.
- Negligent acts – If a party acts carelessly or fails to act, and you suffer harm as a result, this is a type of negligent misconduct. For instance, many auto accidents result from negligence such as speeding, following too closely or running through an intersection. Doctors, nursing homes, property owners and dog owners can also be negligent.
- Reckless acts – When a party acts with total disregard for your safety or the safety of others, this is a type of reckless misconduct. For instance, drunk driving or texting while driving could be considered recklessness.
In some instances, the party’s fault may be established as a matter of law. For example, if you were harmed by a defective product, the manufacturer may be held “strictly liable.”
In some cases, violation of a federal, state or local law may serve as grounds for fault. An example would be a violation of a local leash law that results in a dog bite.
It’s important to note that North Carolina follows a doctrine of “pure contributory negligence.” This means you could be barred from recovering anything if you are found to be even 1 percent at fault. Your attorney should aggressively counter any claims that you contributed to your harm.
You Can Recover Compensation
A personal injury claim can lead to the recovery of all economic and non-economic losses you have suffered. In the majority of cases, this means that you will turn to the at-fault party or parties’ insurance coverage to pay for your damages. For instance, you may seek to recover compensation through the at-fault party’s homeowner’s insurance or auto insurance policy.
The types of damages you may seek include:
- Property losses
- Medical costs
- Lost income
- Pain and suffering
- Loss of the care and companionship of a loved one
- Punitive damages.
Many factors will impact the amount of your recovery. These factors include the type of misconduct involved in your case, the extent of your injuries and the amount of available insurance coverage.
What Our North Carolina Personal Injury Lawyers Can Do For You
At Hardison & Cochran, we can take the weight of pursuing a personal injury claim off your shoulders. We want you to focus on your recovery. We will focus on your case.
We feature a team of attorneys, case managers, litigation paralegals, legal assistants and investigators that have extensive experience with handling personal injury cases in North Carolina. We will handle your case as if it is going to trial. This is important.
When the law firm representing you has thoroughly investigated your case and compiled all evidence necessary to support your claim for relief, it will give you leverage when negotiating for a settlement with the insurance company. It should also give you peace of mind.
Our consultations are free. We also will handle your case on a contingency fee basis. This means you won’t pay for our legal services unless you recover a verdict or settlement.
To learn more, simply call or contact us online today.