Charlotte Slip and Fall Lawyer
Many people think that if they file a slip and fall claim, that their case will end up going to trial. In reality, the vast majority of slip and fall cases never even see a courtroom.
Charlotte slip and fall lawyers work with clients who have been injured through no fault of their own to deal with aggressive insurance companies and obtain compensation for medical bills, as well as recompense for pain and suffering. If you have suffered from a slip and fall accident and want to know the process of a case, contact a skilled injury attorney today.
Slip and Fall Claims
Slip and fall cases are a category of tort, a civil claim. This means that if there is a trial for a slip and fall case, it will take place in a civil court, not a criminal court. In most states, a tort is not defined by a statute passed by the legislature, but rather is defined by the courts, in a category known as common law. Most slip and fall cases are pursued under the legal theory of negligence. North Carolina defines negligence as “the failure to exercise proper care in the performance of a legal duty which the defendant owed the plaintiff under the circumstances surrounding them.”
One common example of a slip and fall claim in Charlotte using the theory of negligence is in a grocery store. Spills are a common occurrence and stores have a legal duty to protect the customers. If a spill is not promptly identified, isolated, and cleaned up, the store may be negligent if a person is injured. However, there is a caveat to this scenario. North Carolina remains a contributory negligence state.
Contributory negligence is defined as follows: “A plaintiff is contributorily negligent when they fail to exercise such care as an ordinarily prudent person would exercise under the circumstances in order to avoid injury.” If a jury does not place 100 percent of the blame in a case on the defendant, then the plaintiff cannot recover damages.
When to File a Case
There is a strict statute of limitations for slip and fall cases in Charlotte. This means that there is a time limit after the injury for a case to be filed in court.
While it is true that most cases never go to court, an insurance company will not be willing to settle if the statute of limitations has passed. North Carolina Law defines this time limit as three years, which means time is of the essence in personal injury cases. Those injured should contact Charlotte slip and fall attorneys right away.
How a Charlotte Slip and Fall Attorney Can Help
Insurance companies are aggressive with unrepresented plaintiffs. They assume that plaintiffs do not understand the concepts of contributory negligence and so will often make low offers in an attempt to convince the plaintiff that their case has no value. Charlotte slip and fall lawyers know better.
With proper medical treatment notes, photos of the scene of the accident, and statements from witnesses, lawyers can often convince insurance companies to settle without the time and inconvenience of going to trial.
If the case does go to trial, however, litigators will present the best possible case to convince a jury of your right to compensation for your injuries. Do not wait, but contact a slip and fall lawyer in Charlotte right away.