Can I Win a Personal Injury Claim?

Charlotte Injury Lawyer Matt Arnold answers the question: “How much does your firm charge to represent me in a personal injury case?”

A serious injury can be more than just painful. It can result in lengthy medical treatment and ongoing rehabilitation. It can also cause you some other damages, such as lost wages because you are unable to work during recovery. In some cases, an injury may be disabling. The negligent party should be responsible for paying for your costs including economic and non-economic damages. A knowledgeable personal injury attorney will help guide the process to obtain the compensation you deserve.


Make Sure You are Eligible for a Claim

Before you proceed with a personal injury claim you should make certain that you are eligible. In North Carolina, only those who are not at all negligent for the injury are allowed to collect compensation. Generally, the insurance company ascribes a percentage of negligence or responsibility for the incident. You can file a claim if the other party is negligent for your injury. It is also important to know that there is a time limit to file a claim. In general, the law requires you to file a claim within three years of the date of the injury.



Elements to Prove in a Negligence Claim

You must prove all elements of negligence to prove a personal injury claim. A person has a duty to use reasonable care. A person is negligent when he fails to use care and an injury results. To prove negligence you must establish that the person had a duty of care and they breached that duty. Then you must show that the breach of duty caused the injury and that you sustained damages as a result. The person must have known or reasonably known that their actions could result in harm to another. Some professionals, such as doctors, may be held to a higher standard of care than others.


Causation of Injuries

When you prove negligence you must show that the person caused the injuries due to their actions. Their actions must have had a foreseeable outcome. In some instances, there are factors that may not support negligence. A person’s actions might have been reckless if they wanted an injury to occur. A willful act is one in which the person intentionally, voluntarily, or consciously did something. If a person did not intend for an act to result in harm, it could be more difficult to prove negligence. A knowledgeable personal injury attorney will review the details of your particular claim.


Consult With an Attorney

Sometimes an accident happens that does not result in a serious injury. If there are no damages, you could not prevail in a personal injury claim. Every case is different and has a unique set of facts. The best way to determine how to proceed is with guidance from a skilled personal injury attorney. Your lawyer will evaluate the merits of the case to help you decide whether it is prudent to move forward with a personal injury case. If you suffered serious injuries or other damages, you might be able to prevail in your case.


Contact our lawyers at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation.





The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.



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