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Negligence is a vital component of almost about any personal injury claim. Whoever is considered negligent (or careless) in your accident can be considered at fault, and therefore if you can establish this fault, then you could be owed compensation for your injuries and financial losses.
This is one of the reasons that these insurance claims or lawsuits can be highly technical, as you will almost always need the help of an experienced Raleigh personal injury lawyer in order to prove that someone else was negligent. In North Carolina, the need to hire a legal advocate is all the greater because of “contributory negligence”. Read on to learn more about how these two terms can make or break your injury claim.
In order to establish this negligence, you would first have to prove that the defendant owed you a “duty of care“, a certain legal responsibility to prevent you from getting injured. Then you would have to prove that this duty of care was violated, that the defendant failed to live up to this standard, and that this failure caused the accident that left you injured. This failure to meet the standard of care is negligence. To better explain how negligence works, we could use a few examples:
North Carolina is only one of a few states that has contributory negligence. This rule could sabotage your ability to be compensated. According to this rule, if someone is in any small way at fault for their accident, then they cannot be compensated for their injuries. So even if you were injured in a motorcycle accident where a car driver is assigned 90 percent of the blame, if you carry the other 10 percent of the blame, you get zero percent of the compensation you are owed.
With such severe restrictions on the compensation you can collect, it is imperative that you retain a skilled personal injury attorney in Raleigh, someone who can keep you from taking on undeserved blame. Find out how the Whitley Law Firm could be able to protect your right to compensation by calling today.