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Liability means that someone is responsible for the accident. If someone’s actions have caused you harm, they are liable for the injuries and losses that you’ve sustained. North Carolina law also demands that to hold the other person liable, you must have had no shared responsibility for the accident; the fault must lie 100% with the other party to hold them accountable.
Negligence happens when someone falls below the standard of behavior a reasonable person would be expected to follow, is careless, and causes injury because of that carelessness.
For example, if a person is texting while driving on the highway and they rear-ended someone due to their distraction, they would be found negligent. A reasonably careful person would give the road their full attention, especially at such high speeds, and failing to exercise this basic care would be an example of negligence.
Damages are the harm and losses that you endure as a result of someone else’s negligence. Damages can be classed as either “special” or “general”. Special damages include the cost of repairing your car, medical bills, and lost wages due to being out of work.
General damages cover pain and suffering, loss of enjoyment in life due to the injury, and the psychological impact of the accident and its aftermath.
Attorney Randy Emory is a hard-working personal injury attorney serving North Carolina. For over 30 years, he’s helped clients just like you get answers, understand the law, and seek meaningful damages following a personal injury.
Have questions, or in need of seasoned legal help? Reach out to The Emory Law Firm at (704) 324-8500 for an initial consultation today.
A settlement is when you and the liable party (or their insurance company) come together to agree on a dollar amount that you are owed due to the harm you have suffered. This settlement happens instead of going to trial.
In a good settlement, the liable party may pay a little more than they were hoping to, and you might receive a little less than you were hoping, but both parties can walk away from the table with an overall sense of fairness.
Trials, on the other hand, involve a judge and a jury hearing evidence of your injury and evidence of the other party’s negligence and liability. They also hear the other party’s evidence that they were not liable. The jury then decides if the other party owes you damages and how much they owe you.
Many people choose to settle rather than go to trial simply to avoid the uncertainty of how a jury might see the case. At a trial, you’re bound to accept the amount a jury decides on, whereas settling gives you and your attorney more control over the negotiated amount.
The burden of proof describes how high the bar is to prove your case. In other words, how much certainty or confidence is needed to establish that the other party was negligent and, therefore, responsible for your injuries.
In civil cases such as personal injury cases, you and your attorney must prove that the other party was at least 51% likely (or more likely than not) to have caused the accident.
To use a sports analogy, it’s a little bit like the 50-yard line on a football field. If you and your attorney can get across that 50-yard line with your evidence and testimony, you’ve passed your burden of proof.
The statute of limitations is the period of time that you have to bring an action or file a lawsuit in your personal injury claim. In North Carolina, that time limit is three years. Within those three years, you must either settle your claim or file a lawsuit.
If you pass that limit, you’ve lost your opportunity to seek damages. Getting in touch with a personal injury attorney sooner rather than later is always a good idea. This helps your attorney get a head start on gathering evidence, interviewing witnesses, and making a strong case for an insurance company or a jury.
The Emory Law Firm will work with you from consultation onwards. We’ll explain every part of the legal process to you, communicate what is happening, and make sure that you get the tailored attention and the resources your case merits.
You’re going to have questions along the way, and we’ll answer those questions. We’ll also let you know along the way if any concerns arise or if something significant happens in your case. Communication is king at The Emory Law Firm, and we’ll make sure you understand what is happening and are informed at every juncture.
Still Have Questions? Ready To Get Started? For more information on Essential Legal Terminology, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 324-8500 today.
Attorney Randy Emory is a hard-working personal injury attorney serving North Carolina. For over 30 years, he’s helped clients just like you get answers, understand the law, and seek meaningful damages following a personal injury.
Have questions, or in need of seasoned legal help? Reach out to The Emory Law Firm at (704) 324-8500 for an initial consultation today.
