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As the largest city in North Carolina and one of the largest cities in the southeastern U.S., Charlotte has much to offer – jobs in the financial and banking industries, strong schools, and impressive sports venues. Of course, this is no secret to the many new residents who have put it near the list of America’s fastest growing cities. Unfortunately, with growth and expansion, there may also be many situations in which people are hurt in accidents like car crashes, truck accidents, motorcycle crashes, and slip and falls. When this happens, consulting an injury lawyer is an important step for a victim to take. The Charlotte personal injury lawyers at Maurer Law can help people who have been involved in devastating accidents seek fair compensation from the negligent or reckless parties who caused their harm.
Personal injury cases are typically pursued under a legal theory called “negligence.” When the case is concluded, a plaintiff who is successful will receive damages to compensate them for the pain and suffering caused by the defendant’s careless conduct and to help pay for their medical expenses and lost earnings. The plaintiff in a negligence lawsuit may prove their case by using a wide range of evidence, sometimes including witness testimony, photographs, videos, accident reports, and the opinions of medical and vocational experts. In a personal injury case, the jury needs to be convinced of the plaintiff’s case by a preponderance of the evidence in order to award damages. This means that the plaintiff’s version of events is more plausible than the defendant’s version.
Building a case of negligence against a driver who caused a crash or a property owner whose failure to maintain their premises caused the plaintiff to fall is something that is done one step at a time. First, the plaintiff must establish the duty of care owed by the defendant. This will depend to some extent on the type of accident and the circumstances. For example, in a car accident case, the defendant will be required to keep a proper lookout, maintain a safe speed, yield the right of way to other drivers when appropriate, and otherwise comply with the law. Next, the plaintiff must show that the defendant breached the duty of care. In other words, the defendant must have done something careless or failed to take a precaution that would have been reasonable in the situation. This might be as simple as running a red light or forgetting to use a “wet floor” sign after mopping the floor. A personal injury attorney can help Charlotte residents evaluate their case and gather evidence to show what the defendant did that was careless.
There must also be a causal connection from the defendant’s negligent behavior to the plaintiff’s injuries and other damages. This requires considering whether the harm was foreseeable in view of the careless actions. Causation also involves showing that, more likely than not, the accident would not have happened had the defendant used the appropriate care. The final step in a negligence case is showing that the plaintiff was harmed by the defendant’s actions or inaction. A doctor may testify concerning injuries like a fracture, herniated disc, or concussion suffered in a car crash, for example, and the plaintiff may explain the difficulties that the injuries caused them in the weeks or months following the accident.
Negligence claims may be subject to several different time considerations, such as a statute of limitations, a statute of repose, formal notice requirements under North Carolina statutes, contractual notice requirements, and other deadlines. The Charlotte personal injury attorneys at Maurer Law can help you investigate your accident and promptly file the appropriate claim so that you do not risk having your case dismissed on procedural grounds. Call us at 704-243-9292 or contact us online to schedule a free, no-obligation case evaluation. We are available to assist people who need a car accident lawyer or representation in personal injury claims involving slip and falls, nursing home negligence, and other accidents.