A maximum damage award is the ultimate goal of any aggressive personal injury lawyer in North Carolina. The state contributory negligence law is such that only total fault cases will result in financial recovery, which sets the stage for major damage awards in court when gross negligence can be proven. Winning a multi-million dollar damage award is possible in egregious negligence situations, but only when punitive damages are awarded following a trial where the plaintiff attorney is successful in demonstrating to the jury that they are justified. This is accomplished by comprehensive research and investigation into what actually transpired resulting in the injury and then presenting the facts in a meticulous method with multiple articles of evidence that show exactly why a major award is necessary.
Accumulating the Material Case Facts
The first step a thorough personal injury lawyer will take involves an in-depth investigation into the case looking for any shred of evidence that establishes “gross” negligence. Total fault is not enough for a massive financial judgment. There must be extenuating factors that justify a major demand for extensive dollar amounts beyond proving within a preponderance of all evidence that the incident was the result of malicious intent or reckless disregard by the respondent party at a very high level. And evidence that the respondent was preparing for the act can be vital such as in a reckless homicide case. Evidence type differs based on the type of case. Multi-million dollar awards stem from a variety of situations ranging from truck accidents to intentional acts of physical harm, so the type of information being sought will differ as well when the personal injury lawyer investigates and compiles the case for court presentation.
Detailed Financial Evaluation of Future Problems for the Client
Many injured claimants will experience true difficulty for the remainder of their life, especially when seriously injured such as being left paralyzed to any extent. Included in these catastrophic injuries can be a traumatic brain injury, back injury, or multiple broken limbs and internal damage. Details of the injury and incurred expenses and difficulties in life are vital to a multi-million dollar damage award from a sympathetic jury. Plaintiff legal representatives must be detail-driven in building the case and leave no stone unturned when preparing for a presentation to a jury, including extensive written submissions regarding all pain-and-suffering elements. This can include expenses for home management and at-home care such as having adequate staff to maintain a home and provide treatment for the injured plaintiff for the remainder of life if they are catastrophically injured.
Preparing a Solid Case Presentation
Multi-million dollar settlements are rare. They usually come in the form of an award from a jury that has little trouble agreeing with the plaintiff’s legal counselor when the case is delivered in open court. This applies even with the total fault standard in North Carolina. The need for a strong trial presentation cannot be understated when going after a major damage award because it supports the additional request for punitive damages beyond making the victim financially whole after the case is settled. Punitive damage demands must be proven beyond the preponderance standard and leave no doubt that the respondent deserves financial punishment for their actions, especially if it can be proven they were intended as well completed with a desired traumatic result.
Retaining the Right Attorney
Receiving a multi-million dollar award from a jury is by no means an easy legal task. It takes an experienced and aggressive personal injury lawyer who knows how to assemble the facts and present them in a coherent fashion that highlights the need for an extensive financial damage award. Not every trial lawyer in North Carolina can accomplish this feat. It will require a legal representative who has handled serious injury cases before and understands what it takes to persuade the jury to act judicially when determining how much money would actually begin to right the wrongs that have taken place resulting in the injury. Life going forward is not easy for catastrophic injury sufferers, and this must be borne out in a trial in exact detail.
Contact Our Law Firm for Comprehensive Case Evaluation
The lawyer that is chosen to handle a catastrophic injury case makes a major difference in the outcome. And it can be the difference between receiving proper financial compensation or merely being allowed a moderate settlement for general damages as determined by the defending party and their insurance providers.