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Serious accidents happen often in the Greensboro area. If you or a loved one has been hurt in a car or truck accident along I-40, I-85, or I-73, if you have suffered a slip and fall at the town center or a local restaurant, or if you have been injured due to another act of carelessness, you should talk to an injury lawyer about the process of holding the responsible party liable for your medical expenses, lost wages, pain and suffering, and other damages. The dedicated Greensboro personal injury lawyers at Maurer Law are here to assist you during this confusing and difficult time, but you must act quickly to preserve your legal rights.
The importance of speaking to an attorney as soon as possible following an accident resulting in injuries cannot be overstated. First of all, North Carolina has a statute of limitations for the filing of claims seeking compensation for injuries suffered due to others’ negligence. Claims that are not filed within this window of opportunity are almost always dismissed by the courts as untimely. Additionally, there could be other issues of timeliness – such as a statute of repose or a formal notice requirement. A knowledgeable personal injury attorney can help an accident victim investigate their case, determine the applicable deadlines, and prepare the paperwork necessary to comply with the law.
Proving liability in a personal injury case is a four-step process under North Carolina negligence law. Our personal injury attorneys can help Greensboro residents navigate the process in detail. First, the plaintiff must prove that the defendant owed a legal duty to them. This duty may arise under a particular statute or local ordinance, or it may simply be based on the duty to use reasonable care in one’s actions. Once the duty has been established, the plaintiff must be able to prove that there was a breach of duty. This is a factual issue to be determined by the jury in most cases. Both lay witnesses and expert testimony may be considered, and physical and demonstrative evidence may also prove useful in convincing the jury of the plaintiff’s version of events.
The plaintiff must also show that they suffered “damages” in the accident, as that term is defined in the law. Typically, this requires a showing of physical harm and costs that resulted from it. The plaintiff also must draw a causal connection between the defendant’s breach of duty and the harm that they incurred. Each element of negligence needs to be shown by a preponderance of the evidence for their case to succeed.
In addition, under North Carolina law, a plaintiff whose own negligence contributed to the cause of an accident is barred from getting compensation in a personal injury case under the doctrine of contributory negligence. This is true even if most of the fault lay with the defendant. Like the statute of limitations, the contributory negligence doctrine is a compelling reason to seek legal guidance sooner rather than later.
The longer that you wait to talk to a knowledgeable attorney about your situation, the more time that it will take for your case to be settled or to be tried by a jury. Delays can be costly in other ways as well, since evidence tends to be more difficult to obtain with the passage of time. Accident scenes change, witnesses’ memories fade, and video surveillance footage may be erased. To maximize the value of your case, it is very important to talk to a Greensboro personal injury attorney as soon as possible. To schedule a free consultation with a car accident lawyer or get help with another type of personal injury case, call Maurer Law today at 888-258-1087 or contact us online. We handle most cases on a contingency fee basis, which means that we do not collect fees from you unless we recover compensation on your behalf.