Emergency rooms across the country treat a total of about 131 million patients a year, according to the Centers for Disease Control and Prevention (CDC). Many of these injuries turn out to be serious, and some result from accidents. If you were hurt as a result of an accident, the negligent party might owe you money for your damages. A personal injury claim may be necessary to ensure that the party responsible for your injuries makes the appropriate payment. If you were hurt due to someone’s negligence, you can get the legal guidance you need from a personal injury attorney.
Types of Injuries
There are many various types of injuries that you might suffer as the result of someone’s negligence. These include such injuries as brain injuries, broken bones, burns, loss of limb, back, neck and spinal cord injuries, electrocution, drowning, disfigurement, paralysis, and catastrophic injuries, among others. Injuries occur due to various kinds of accidents. When an accident or injury is caused by negligence, the negligent person is responsible. As the victim, you must prove injuries and damages.
Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”
Proving Negligence and Damages
One of the first hurdles that you must get through to file a personal injury claim is negligence. Negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” It also includes the failure to take action when there was a duty to act. It is important to note that under North Carolina law, only someone who has no portion of negligence in the accident can collect damages. Therefore, it is extremely critical to proving that the party was negligent and caused your injuries.
Elements to Prove in a Personal Injury Claim
You must prove four elements in a personal injury claim. First, you must show that the party had a duty of care. In a vehicle accident case, for example, a driver has a duty to drive safely. Next, you must prove that the party breached their duty of care. Next, you must prove that you suffered damages as a result of the breach of care. Damages may be physical, emotional, or financial. Finally, you must prove that the party’s negligence caused your injuries. If you can prove these elements, you may be entitled to compensation for your injuries.
File a Personal Injury Claim
A personal injury claim or lawsuit may be necessary to obtain compensation for your injuries from the negligent party. A personal injury attorney will work on your behalf to seek a resolution for your damages. You may be owed money for your medical bills, lost wages, pain and suffering, and more. In many cases, negotiation will result in a settlement. In some instances, the case will need to get resolved in court. Your lawyer will gather evidence and work on your behalf to get a favorable result.
Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to 8 to receive a video, phone or in-person consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases all throughout South Carolina and North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
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.
Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)
FastStats – Emergency Department Visits (cdc.gov)
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