What Kind of Evidence Do You Need in a Personal Injury Lawsuit?
The evidence you need in a personal injury lawsuit in North Carolina includes facts and documentation that establish the defendant’s liability. It should show that they had an obligation to prevent an accident but failed to fulfill it. As a result, you were hurt and suffered financial and non-economic losses.
For more than 30 years, our attorneys at Rhine Law Firm in Wilmington have honed their collective expertise in analyzing evidence to present the strongest narrative that justifies substantial damages awards for our injured clients. If you are unsure about the evidence you need, a personal injury lawyer can answer your questions. Schedule a free consultation today.
What are Some of the Common Types of Evidence in Personal Injury Lawsuits?
The types of evidence you need to establish liability in a personal injury lawsuit will depend on the nature of the case and the injuries you suffered. For example:
Evidence in car accident lawsuits often includes:
- Police reports and narratives from eyewitnesses about how the accident happened.
- Surveillance video from CCTV cameras that captured the accident.
- Statements and testimony from negligent parties and accident victims.
- Photographs of the accident scene.
- Data from trip computers and other onboard devices in the vehicles involved in the accident.
- Testimony from accident reconstruction experts and other professionals who explain theories about how the accident happened.
Evidence in slip-and-fall lawsuits might include:
- Statements and testimony from the property owners and managers where the accident happened.
- Information about similar accidents with similar causes in the same location, e.g., supermarket or food court.
- Photographs of the dangerous property condition that caused the accident victim to slip and fall.
- The property owner’s Inspection and repair records
- Details of lighting and pathways at the accident site.
In more complex matters, such as medical malpractice, the evidence will include:
- Electronic medical records and results of diagnostic tests.
- The patient’s detailed medical history.
- Expert opinions about applicable standards in medical specialties.
- Testimony from treating physicians, therapists, nurses, and hospital staff.
Other categories of personal injury lawsuits, such as dog bites or product liability, will all have unique evidentiary requirements. The critical component will always be to use the evidence to show how a party’s negligence was the direct and probable cause of your injuries and financial losses. Consult a knowledgeable North Carolina personal injury lawyer for the specific evidence to establish liability in your case.
What Do You Need to Justify a Monetary Damages Award?
In all types of personal injury cases, you will need to present evidence to show your economic and non-economic losses and the specific financial burdens you suffered.
That evidence might include the following:
- Invoices from hospitals, physicians, and therapists who treated your injuries.
- Pay stubs showing reduced or lost income while injuries kept you from working.
- Expenses for travel to and from medical appointments.
- The costs of modifying your living quarters to accommodate mobility limitations caused by your injuries.
- Your testimony and statements from physicians, family, and friends describing your pain and suffering.
- Estimates of future medical expenses you will incur for ongoing treatment of your injuries.
Under North Carolina law, you have three years from the date of your accident to file a personal injury lawsuit. Your personal injury lawyer will be better able to gather and analyze relevant evidence and build a case for the largest possible damages award when you hire them promptly after the accident.
Contributory Negligence
North Carolina is one of a few states that adhere to a contributory negligence rule. If you are even slightly at fault for contributing to the accident, you can be barred from recovering any damages. Because of this rule, defendants and the insurance companies that cover their liability will frequently defend against personal injury lawsuits by claiming that the injured party was also negligent.
An experienced North Carolina personal injury attorney will anticipate such strategies. To counter, we will present evidence to show that the injured party, for example, was driving safely and within posted speed limits when a car accident happened or was not at fault when they slipped and fell. A thorough investigation can eliminate the prospect of a contributory negligence defense that prevents you from recovering the damages award you deserve.
Call the Rhine Law Firm in Wilmington for a Free Consultation
If you want to recover compensation in your personal injury lawsuit, you need a lawyer with the knowledge and experience to marshal the evidence in your case and use it to show a defendant’s liability. For over 30 years, our team at Rhine Law Firm has risen to that challenge and recovered more than 100 million dollars in damages for injured accident victims in North Carolina.
Please call our Wilmington offices as soon as you can after your accident to consult with one of our experienced professionals. We offer complimentary consultations and no legal fees for our services unless we recover compensation for you.
About Us
Rhine Law Firm, P.C. serves clients throughout North Carolina and nationwide, specializing in complex civil litigation led by Joel Rhine. With expertise in personal injury, car accidents, property damage, sex abuse, and more, the firm is passionate about taking on challenging cases. They emphasize providing personalized legal representation, prioritizing their clients’ best interests while offering state-of-the-art legal strategies. Rhine Law Firm’s dedicated attorneys enjoy the fight for justice and are committed to guiding clients through complicated legal processes. The firm offers free consultations, flexible appointment scheduling, and Spanish language services.
