What Do You Have to Prove in a North Carolina Personal Injury Case?
In a North Carolina personal injury case, the burden is on the plaintiff and their attorney to prove the defendant’s negligence was the cause of their injuries and financial losses. Evidence such as testimony and personal statements from eyewitnesses, as well as police reports and medical records, are crucial in proving liability.
For over 34 years, the personal injury lawyers at Rhine Law Firm, P.C. in Wilmington have helped accident victims recover the compensation they need for their losses and damages. We have in-depth knowledge of the elements an injured party needs to prove liability in a North Carolina personal injury case. Call today to schedule a free consultation.
An Accident Victim Must Prove Four Things to Recover Personal Injury Damages
The plaintiff (accident victim) and their lawyer must prove the defendant’s negligence by establishing the following four elements:
- The negligent party had a duty of care to act safely or to prevent conditions that pose a risk of harm to the plaintiff or others. For example, in car accident cases, drivers must adhere to the rules of the road and operate their vehicles in a safe manner. In slip and fall cases, property owners must repair or warn visitors about dangerous hazards.
- The negligent party breached that duty of care. In a car accident case, a driver who operates their vehicle while intoxicated, for example, breaches that duty of care.
- The accident victim was injured as a direct and proximate result of the negligent party’s breach of care.
- The accident victim experienced financial losses, such as medical expenses and lost wages, and other non-economic losses, such as pain and suffering due to injuries.
A North Carolina Accident Victim Might Also Need to Rebut Challenges That They Were Negligent
North Carolina is one of the rare states that is still a contributory negligence jurisdiction. This means an accident victim may be barred from recovering any damages if they were even slightly at fault for causing the accident. Knowing this, insurers responsible for reimbursing an accident victim’s losses will frequently claim that the victim was also negligent.
If you plan to file a personal injury case to recover compensation for your losses, make sure that you retain a North Carolina personal injury attorney with the experience to anticipate this defense and the skill to defeat a contributory negligence allegation.
Evidence Needed to Prove a North Carolina Personal Injury Case
Your personal injury lawyer will use all available evidence to prove that another party’s negligence was the cause of your injuries and financial losses.
That evidence may include the following:
- Testimony and personal statements from eyewitnesses.
- Police reports and summaries from accident reconstruction experts
- Surveillance video from CCTV cameras, dashcams, and other devices that might have recorded the accident.
- Photographs of the accident scene.
- For slip and fall accidents, maintenance records, and reports of hazardous conditions.
- Evidence of financial losses including bills and insurance statements from healthcare providers, hospitals, and therapists. Wage statements are used to show a loss of earnings.
- Evidence for non-economic damages, such as pain and suffering, may include testimony from accident victims, their family members, and medical experts describing the extent of pain and suffering experienced by the accident victim due to injuries.
Under North Carolina law, you have three years from the accident date to file your personal injury lawsuit. However, your personal injury lawyer will have a better opportunity to collect and analyze evidence when collected and maintained as soon as possible following the accident.
Call the Personal Injury Lawyers That North Carolina Has Trusted for 34 Years
At Rhine Law Firm, we have recovered hundreds of millions of dollars for injured accident victims in North Carolina. We are proud of our success in proving personal injury liability, and we devote the full range of our experience to every personal injury case we accept. We offer free, no-obligation consultations. Please call our Wilmington offices as soon as possible after you suffer injuries in an accident for a confidential evaluation of your case. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
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.
