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Overview of Personal Injury Cases

By Lindsey Weaver Alday

What is Personal Injury?

A personal injury claim can be a slip and fall accident, car accident, truck accident, bicycle, motorcycle, pedestrian accident, etc. The elements are that someone was injured due to the negligence of another and did not contribute in causing their own injury.

What is the Law?

You have to prove the negligent party had a DUTY and failed to do it. This is negligence. Example: driver had the duty to stop at the stop sign and failed to do so.

You also have to prove there is an INJURY. Sometimes people act negligently or even intentionally, but no injury occurs. Example: wrong medication is dispensed, or a punch is thrown but misses. This means proving who is at fault at trial would be easy. But if you weren’t injured physically and didn’t suffer any economic damages, then there is nothing to recover.

Finally, your case must be RECOVERABLE. As they say in the south: “You can’t bleed a turnip.” If you are shot intentionally by someone with no money, who is at fault is easy to prove, and the damages are clear and easy to prove. However, the most important question is sometimes: CAN  YOU RECOVER your damages? If there is no rainbow at the end of the tunnel, there is no monetary reason to proceed with your case.

I’m too injured to travel. Will you travel to me?
Will I be charged for a consultation?
If I am the person who caused an accident or injury should I call you?
Why do I need a lawyer?

From our blog:

Taking Matters into Your Own Hands: Underinsured Motorist Coverage in North Carolina



This information is not legal advice. An attorney must communicate with you (or someone acting on your behalf) to evaluate your particlar circumstances. No attorney-client relationship is formed by viewing this web page. Our attorneys are licensed only in the state of North Carolina. To talk with us, call us at 252.758.3430. (c)2018 

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