If you have been injured in a car accident, motorcycle crash, pedestrian collision, or another personal injury-related incident that was not your fault, you may be able to file a claim for compensation for the losses you incurred.
The experienced attorneys at the Law Offices of Jason E. Taylor are ready to help you explore your options. We have served personal injury victims in Concord and the surrounding areas for over 25 years. We can help answer your questions about the legal process and offer advice on how to move forward with appropriate action against the party who caused your injuries and damages.
If you are unsure whether you have a case, we encourage you to contact our office for a free consultation. We will listen to your story and help determine if there is any legal recourse available in your situation.
Common Examples of Personal Injury Claims in Concord, NC
Personal injury cases can arise from any number of situations. If you’re injured because of another person’s negligence or carelessness, you may have the right to seek compensation for your injuries. Common personal injury cases in Concord include the following:
- Slip and fall accidents: Slip and fall accidents can occur due to a wet floor or a trip over an uneven concrete surface. This also includes incidents in public places like malls, grocery stores, and other retail locations.
- Motorcycle accidents: If you ride a motorcycle and are injured in an accident, you may have the right to seek compensation from the other vehicle’s driver.
- Car accidents: Car accident victims may be able to file a claim against the other driver’s insurance company if they were injured in a collision. This includes accidents on city streets, highways, and rural areas in Cabarrus County.
- Dog bites: If a dog injures you, you may be able to sue the owner for damages.
- Defective products: If you are injured by a defective product, including machinery or equipment, you may have the right to seek compensation from the manufacturer of that item.
- Medical malpractice: If your doctor or another medical professional makes an error that results in your injury, you may have the right to sue for damages.
Evaluating Your Concord Personal Injury Claim
If you are injured in a car accident, slip and fall, or another type of personal injury, it is essential to contact an experienced Concord personal injury lawyer.
A lawyer can help you determine whether you have a viable claim. The sooner you begin the process, the better your chances of receiving compensation for your injuries as evidence can be lost or destroyed over time.
An injury claim must prove that the defendant was negligent. Negligence is the failure to act with ordinary care under the circumstances. For example, a driver who is speeding and causes an accident is considered negligent. The driver failed to use reasonable care under the circumstances. To prove negligence, you must show that:
- The defendant owed you a duty of care
- The defendant breached this duty of care by acting unreasonably or inappropriately
- Your injury was a direct result of the defendant’s breach of duty
- You suffered actual damages such as medical bills, property damage, or lost income
To prove negligence, you may need the following:
- Police reports
- Medical records
- Photos of the accident scene
- Witnesses to the accident
- Photos of injuries to you or your property
Calculating the Damages You’ve Suffered
To calculate the damages you’ve suffered, you must consider the following:
The amount of income you lost while recovering from your injuries that are a result of the accident. If you could not work during this time, then you’ll need proof, such as pay stubs or tax returns, showing your earnings before the accident and how much less money you earned during your recovery. You also need to be written out of work by a medical professional who says that you are unable to work due to your injuries.
For example, if you were a forklift operator and were forced to take time off work because of your injuries, you’ll need proof showing how much money you would have made if not for the accident.
How much have you paid for medical treatment up to this point? If you’ve already incurred costs related to your injuries and have been paying for them out of pocket, you should have receipts or statements showing how much you’ve spent on them.
Additionally, if you expect to incur more costs in the future due to your injuries, this will be important information for your claim.
If you were in an accident and personal items were damaged, you’ll need proof of what the items were worth before the accident and how much less they’re worth now.
Pain and Suffering
The physical pain you suffered as a result of the accident. You may also be able to claim emotional distress, which includes loss of sleep or appetite if it was caused by the accident. The amount of suffering will vary depending on your specific injuries and how long they took to heal. Some people may even need counseling or therapy for the psychological effects of the ordeal.
Wrongful Death Damages
If someone dies as a result of the accident, then their family can file a wrongful death claim against those responsible for their death. Wrongful death damages include:
- Loss of companionship
- Loss of future financial support
- Funeral expenses
- Medical costs incurred before death while trying to save the victim’s life
The Statute of Limitations in North Carolina
The statute of limitations is the time frame you have to file a lawsuit. The statute of limitations for personal injury claims in North Carolina is typically three years. However, the statute of limitations for wrongful death is only two years.
For example, if you want to sue another driver for their actions that injured you, you must file a claim within three years of when the accident occurred. But if you are filing on behalf of the estate of a deceased family member, that time frame is reduced to two years. That is why the statute of limitations in your particular case is important to discuss with your attorney early on.
The Role of the Insurance Companies in Claims in North Carolina
The insurance companies for both parties involved in an accident will try to handle the situation as quickly as possible. They may offer you a settlement, but it’s always best to consult with a personal injury attorney before accepting any money from them.
If you decide to take a settlement, you will lose your right to file a lawsuit. An attorney can help you weigh the pros and cons of any insurance offer to make an informed decision about what would be in your best interest regarding settling versus litigation.
How Much Does it Cost to Hire a Concord Personal Injury Lawyer?
Most personal injury lawyers work on a contingency basis, which means they don’t charge you a fee unless they win money on your behalf. They will take a percentage of the amount awarded in damages.
However, other costs are associated with filing a claim in Concord, NC. For example, filing a claim in the district court division has different court fees that if you file in small claims court. There may also be expenses for records requests, investigations, expert witnesses and other costs associated with getting your claim resolved. However, these are typically recouped out of the settlement so you don’t have to pay any upfront costs.
Contact a Personal Injury Lawyer in Concord Today
Call a personal injury attorney at the Law Offices of Jason E. Taylor today if you’ve been injured in an accident. We’re here to help you recover from your injuries and get back on the road to recovery. Contact us online to request a free consultation.