Most personal injury claims are settled without having to go to Court. The key is the amount of the settlement. Our firm has always believed that to insure a fair settlement for your client, you have to have the reputation of going to the mat for your client and being willing to take a case to trial. We have worked to cultivate that reputation. We will also counsel our clients on likely outcomes of trial and help them make an informed and appropriate decision about how to resolve their case. To win your personal injury claim, you must be able to prove to the court that the defendant (responsible party) is responsible for your injuries. In most cases, this is done by showing the defendant’s negligence. To do this, the elements of negligence must be established based on the facts of your case. We will need to show to a court the following things:
Duty of care
A reasonable person is held to a legally recognized duty of care. This means, a person must prevent reasonable harms to another by their actions or inactions.
Breach of duty of care
A defendant breaches this duty by failing to take reasonable care to avoid harm to another. In an automobile accident, this may mean not keeping a proper lookout on the road as they drive, running a stop sign, or any number of careless acts.
We then must prove that these actions of the defendant were the proximate cause of our client’s injuries. Sometimes, the cause of the injury is obvious, but many times, we will use your medical records and statements of your treating physicians to show this causation.
Finally, we prove the amount of damages suffered as a result of the Defendant’s negligence. These damages may include medical bills, lost wages, future medical treatment, pain and suffering and permanent disability. If a defendant’s conduct was particularly atrocious, such as causing an accident while under the influence of alcohol, we may also be able to recover punitive damages against the defendant.
Wrongful Death Cases
When a person has been killed as a result of the negligence of another person, our client is the Estate of that person, and the recovery that we obtain is distributed to the heirs of the deceased person as provided by North Carolina law. We assist family members in all aspects of setting up the Estate for the deceased person and prosecuting the action on behalf of that Estate, as well as closing the Estate after the case is closed. We strive to handle these cases with equal parts of zeal in obtaining the greatest amount of money available for that claim, and compassion in dealing with family members who have suffered a loss.