New Bern Catastrophic Injury Lawyer

A catastrophic injury is a life-altering event generating emotional trauma and devastating financial adversity but is simply described in federal law as a permanent injury. After a catastrophic injury in North Carolina, a family needs to know their legal options to provide the victim with necessary care after the injury and for the remainder of life. That’s why you need to partner with our New Bern catastrophic injury lawyers.

Anyone interested in seeking damages for the harm they have suffered after a traumatic experience should speak with the compassionate team at Whitley Law Firm. It may be critical to the outcome of your case to speak with a New Bern personal injury lawyer right away.

Common Causes of Traumatic Accidents

Traumatic accidents, which frequently lead to severe injuries or fatalities, can occur across various settings and involve multiple factors. Understanding the common causes of such accidents is essential for prevention and safety. Here are some prevalent causes:

• Motor vehicle accidents: Car crashes, motorcycle collisions, and truck accidents often result from speeding, distracted driving (such as using a smartphone), impaired driving due to alcohol or drugs, and reckless behavior on the road.
• Falls: Slip and falls or trips, especially among the elderly, can occur due to unsafe conditions like wet floors, uneven surfaces, or poor lighting. Falls from heights are common in construction and industrial settings, involving ladders, scaffolding, or roofs.
• Workplace accidents: Industrial and construction accidents often involve heavy machinery, electrical hazards, or falls. Lack of proper safety measures, inadequate training, and equipment malfunctions are common contributors.
• Sports and recreation: High-impact sports (e.g., football, hockey) and extreme sports (e.g., rock climbing, skydiving) carry inherent risks of traumatic injuries due to collisions, falls, and strenuous physical activity.
• Violence and assaults: Incidents involving physical altercations, gun violence, or stabbings are also significant sources of traumatic injuries.

Recognizing and mitigating risks associated with these activities through proactive safety measures, proper training, and legal regulations can substantially reduce the incidence of traumatic accidents.

How Is Fault Determined?

As a New Bern catastrophic injury lawyer knows, the fault party, whether an individual, a company or a government entity, is decided by North Carolina’s negligence doctrine. This doctrine also determines how much compensation will be allowed. That is because the state uses a modified comparative negligence standard. If the injured person did not have any fault, they may receive full compensation.

If the harmed individual shared fault, compensation will be proportional. But if the injured person was 51 percent at fault, they will not receive any compensation. The North Carolina court or a jury decides the level of fault based on the evidence presented.

The Role of Negligence

Negligence is the failure of an individual in exercising due care in situations that require caution. Negligence has certain criteria that an individual must meet in civil court by a preponderance of the evidence. The injured party must prove that the offending party had a duty of care to act in a reasonable manner when doing something that foreseeably could cause harm or property damage to someone else.

Acting in an unreasonable manner is a breach of the legally required duty and foreseeability that resulted in the cause of the event, followed by the proximate, or legal cause, of the harm itself. Financial damages must have occurred or there is no basis for a civil lawsuit.

New Bern Catastrophic Injury Lawyer Near Me (800)785-5000

Recovering Compensation for Damages

After a catastrophic injury, which often results in significant long-term or permanent impairment, the types of damages one can recover are typically extensive due to the severity of the injury and its life-altering impact. Here are the primary types of damages that can be recovered:

• Medical expenses: These are costs for immediate medical bills, surgeries, hospital stays, medications, and ongoing treatments such as physical therapy.
• Lost wages and earning capacity: This is compensation for past and future lost earnings if the injury impairs the ability to work.
• Home modification costs: These are expenses related to necessary adjustments to a home, such as ramps or special bathroom fixtures.
• Pain and suffering: This is compensation for physical pain and emotional distress resulting from the injury.
• Loss of enjoyment of life: These are damages for the inability to engage in hobbies or other activities that were enjoyed before the injury.
• Loss of consortium: This is compensation for the impact on the relationship between the injured person and their spouse or family.
• Punitive damages: Although less common, punitive damages may be awarded in cases where the defendant’s conduct was particularly reckless or malicious.

Recovery in catastrophic injury cases typically requires thorough legal representation to ensure all potential areas of compensation are explored and maximized.

Benefits of Hiring Our Catastrophic Personal Injury Attorneys

When you or a loved one suffers a catastrophic injury, the physical, emotional, and financial challenges can be overwhelming. Securing the right legal representation is crucial in navigating the complexities of the legal system and ensuring you receive the compensation you deserve.  Here’s how our New Bern Catastrophic Injury Lawyers can help:

Knowledge of Personal Injury Law

Catastrophic injury cases are complex due to the severe and long-lasting nature of the injuries involved. Our lawyers are knowledgeable in this area of law, possessing an in-depth understanding of the medical and legal nuances that are crucial in building a strong case. They are familiar with the latest legal precedents and have a thorough knowledge of the medical aspects of catastrophic injuries, ensuring that all potential areas of damage are identified and accurately quantified.

Access to Resources

Our firm has access to a broad network of medical professionals, accident reconstruction experts, and life-care planners who play a critical role in substantiating claims and demonstrating the full impact of the injury on the client’s life. These resources are vital in building a compelling case and in negotiating with insurance companies who often aim to minimize payouts.

Skilled Negotiation and Litigation

Negotiating with insurance companies and opposing legal counsel requires a strategic and well-informed approach. Our New Bern Catastrophic Injury Lawyers are skilled negotiators who understand how to leverage evidence and expert testimony to secure the best possible settlement offers. If a fair settlement cannot be reached, they are prepared to litigate vigorously in court, using their extensive trial experience to advocate for your rights and the maximum possible compensation.

Emotional Support and Guidance

Beyond legal advice, our experienced lawyers provide emotional support and guidance throughout the legal process. Understanding that this is a challenging time for you and your family, they handle each case with sensitivity and dedication, ensuring you feel supported and informed every step of the way.

Hiring our New Bern Catastrophic Injury Lawyers not only enhances your chances of receiving full and fair compensation but also provides peace of mind, knowing that experienced professionals are advocating passionately on your behalf.

How Long do You Have to File a Claim?

In North Carolina, the statute of limitations for personal injury claims is generally three years. This means that if you have been injured due to someone else’s negligence or wrongful action, you must file a lawsuit within three years from the date of the injury. You may not be able to seek compensation if you miss this deadline.

This three-year limit applies to most personal injury cases, including those involving car accidents, slip and fall incidents, and other types of bodily harm. However, there are exceptions to this rule. For instance, claims against government entities may require a notice of claim to be filed in a much shorter period, sometimes as little as six months after the injury.

It is crucial to be aware of these timelines and to consult with a New Bern Catastrophic Injury Lawyer as soon as possible after an incident to ensure that your legal rights are preserved and you can pursue the compensation you deserve.

Contact Whitley Law Firm to Speak With a New Bern Catastrophic Injury Attorney

Catastrophic injuries are generally life-altering events. A person may be left with different abilities or a different quality of life. If you or a loved one suffered a catastrophic injury due to the negligence of another, you may be able to recover compensation.

It’s critical to discuss your case with a New Bern catastrophic injury lawyer right away. Contact Whitley Law Firm now to get your free case evaluation and to start your personal injury claim.