Establishing negligence in personal injury claims
In most personal injury cases, it is necessary to prove that another person or entity was at fault. Negligence can mean careless or reckless behavior that directly caused an accident, or failure of a duty to safety that allowed an injury to occur. In some cases, the negligence is obvious or liability is not disputed. In other cases, negligence is more subjective or hotly denied.
The legal team at Greg Jones Law can assess your personal injury case to determine if your cases meets the elements of negligence. We have the investigative resources and the experience to establish liability as the groundwork for your full compensation. We are committed to securing damages for the physical, financial and personal impact of your accident or injury.
We represent victims of motor vehicle accidents and other personal injury claims in North Carolina, South Carolina and Georgia. Contact us today for a free consultation.
Wilmington NC negligent injury lawyers
The following definitions are simplifications of complex legal issues at play in your case. Our attorneys can explain your rights and remedies under the laws in your state and the facts of your specific situation.
- Strict liability — In some scenarios it is not necessary to prove wrongdoing or negligence; the person or entity is automatically liable for injuries.
- Negligence — Negligence can mean carelessness (talking on a cellphone while driving), recklessness (running a red light) or breach of a duty of care (failure to fix a safety hazard). There are five main elements to a negligence claim: a legal duty, a breach of that duty, actual harm (damages), foreseeable harm and a causal connection.
- Gross negligence — If the evidence meets a higher standard of intentional acts or reckless disregard for safety (e.g., drunk driving), punitive damages may apply.
- Contributory or comparative negligence — This legal doctrine takes into account shared fault on the part of the victim. In North Carolina, victims are potentially barred from recovering damages if they were negligent in any way. In South Carolina and Georgia, victims can still sue but their compensation may be reduced by the percentage of fault.
The skill and resources to prove negligence
No matter how badly you or your loved one is injured, your ability to recover any compensation hinges on whether you can establish negligence. It is crucial to contact an attorney at the earliest opportunity to preserve your rights, gather evidence and contact any witnesses. Definitely talk to an attorney before talking to an insurance company adjuster.
It is also critical to hire a law firm like Greg Jones Law that will invest in experts and go all the way to trial if necessary. Our courtroom reputation and thorough documentation of negligence often results in fair, comprehensive and timely out-of-court settlements.
Talk to one of our Wilmington and Charlotte negligence attorneys at 800-481-5707 or contact us online. We offer a free consultation and there are no attorney fees unless we secure damages for you.
