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Why Fault is Central to All North Carolina Personal Injury Claims.

Personal injury lawyers understand completely that all accident injury claims are notcar crash lawyer in North Carolina equal. And that is especially true in North Carolina. All claims are validated based on fault, including actions of the injured claimant. Some states use the pure comparative fault model, and others use modified comparative models that restrict eligibility for financial compensation based on the determination of fault. In most cases, if the injured party can be shown to be in part responsible for causing the accident leading to their injury, they are denied insurance benefits or legal standing to sue an opposing party.
Some states implement pure comparative negligence law that allows anyone who is not totally at fault for causing an accident to receive some amount of financial compensation from other responsible parties at a discounted rate. This is indeed the most progressive personal injury compensation law.

However, there are still four states as well as Washington, D.C. that use the old standard for personal injury damage collection that is known as contributory negligence. This legal doctrine requires that anyone being pursued for financial damages be 100% at fault for causing the accident, which means attorneys for injured victims must be comprehensive and aggressive when establishing liability against a defending negligent actor.

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What This Means For Your Personal Injury Claim.

Car accident lawyers understand well that contributory negligence is a major restriction when it comes to securing financial recovery for their injured clients. While most accident injury claims stem from auto accidents, this applies to premises liability claims also. The technical terms used in premises law are the assumption of personal risk and unreasonable or unlawful occupation of a specific location, but the principles are still the same. If a defense attorney can establish a claimant was in the least bit responsible for creating their own injury, they could well deflect any responsibility for financial compensation away from their client. This absolutely gives defending parties and their insurance companies a legal advantage in all cases, and especially when serious personal injury claims are being evaluated. Insurance companies are typically involved and provide the legal defense for their negligent client knowing well that they have the upper hand. This is why you need to level the playing field by hiring an experienced North Carolina based Personal Injury Attorney

 

How Fault is Determined

auto injury lawyer property damage

Accident injury cases are built on material facts and supporting articles of evidence such as medical statements and bills for specific treatments required for the injuries being claimed. Injuries suffered in the incident are typically the only allowances, but how a new injury can impact an old injury can be a component of the claim in some cases when long-term general damages are being negotiated. Slip and fall attorneys and car accident lawyers both craft cases with this same general principle in mind knowing they must have solid articles of evidence in North Carolina for any case to proceed to a trial because of the contributory negligence legal standard. The details of every case matter significantly because the defense attorneys only need to prove 1% of personal responsibility on the part of an injured claimant to win a claim denial in court.

Premises Liability Fault

personal injury lawyers NCPremises liability injuries commonly occur on property that is open to many occupants, such as an injury that occurs at a business or public location. Injured claimants typically must be authorized to occupy the property even in public property claims, which is a central issue to a private property injury claim. Property owners and business managers have a reasonable duty of care to make sure their property or place of business and surrounding area such as a sidewalk or parking lot is in good repair with no potential injury hazards for patrons or visitors. Injured victim’s actions are evaluated regarding common sense and reasonable action based on established material case facts. One major obstacle for slip and fall attorneys in premises liability cases is the fact that an official police report may not be part of the record outside of any existing emergency medical reports and 911 call records, and personal witness testimony can also be very limited.

Auto Accident Injuries – Determining Fault

All car accidents on public property will generate an official accident report after police clear the area and investigate the incident. An accident reconstruction officer will review all details and make a general fault determination on the accident report. However, this is not the final say regarding the claim. Auto accident cases are determined by inspecting the official accident report and other witness testimony, but the final determination of fault will typically rest with a jury when a case goes to trial at the request of either party. Once again, insurance companies regularly take a case to trial in North Carolina because of the 1% contributory negligence standard. Car accident lawyers must conduct comprehensive independent investigations looking for any factors that could enhance the fault of the defending party as well as identify other parties with vicarious or partial liability for causation such as an automotive part manufacturer in unexplained accident cases.

What this legal jargon means for those who are injured due to the fault of another party in North Carolina is that collecting financial damages after the fact can be an uphill battle even when the claim is valid. What could amount to considerable financial recovery in one state may not apply in North Carolina. This means the attorney you select to handle your injury case makes a major difference in the final outcome. The advantage always lies with the defendant, and having a diligent and aggressive legal counselor is vital to being equitably compensated for your injuries.

If you or anyone you know has been injured in an accident in North Carolina, please call our offices and let us put our experience to work for you. The defending parties will always have a professional legal team looking out for their best interest, and you need professional representation too for any chance if a positive outcome in North Carolina.

What Next?

The next step to determining the likely outcome of your personal injury case, auto accident case, etc, is to engage with one of our attorneys for a free case review.

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New Bern, NC 28560

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(252) 633-2550

5178-A Hwy 70 West
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1620 US-17 BUS
Williamston, NC 27892

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3250 Zebulon Road
Rocky Mount, NC 27804

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(252) 442-3975

219 Broad Street
New Bern, NC 28560

Directions

(252) 633-2550

 

5178-A Hwy 70 West
Morehead City, NC 28557

Directions

(252) 726-7000

 

501 SE Greenville Blvd.
Greenville, NC 27858

Directions

(252) 353-4100

 

4944 Windy Hill Dr.
Raleigh, NC

Directions

(919) 803-1908
Fax 919-803-1908

 

118 Cardinal Drive
Roanoke Rapids, NC 27870

Directions

(252) 535-4444

 

445-A Western Blvd
Jacksonville, NC 28546

Directions

(910) 455-4546

 

1800 E. Ash Street
Goldsboro, NC 27533

Directions

(919) 722-6955

 

1213 Culbreth Dr
Wilmington, NC 28405

Directions

(910) 772-2242

1620 US-17 BUS
Williamston, NC 27892

Directions

(252) 789-4040

3250 Zebulon Road
Rocky Mount, NC 27804

Directions

(252) 442-3975

Kellum Law Firm's corporate headquarters is located in New Bern, NC and has offices around North Carolina, including Raleigh, Greenville, Jacksonville, Wilmington, and more. We provide local residents with legal services focusing on personal injury law including automobile accidents, social security disability, workers' compensation, medical malpractice, and more.

Our Corporate Business Address:

Kellum Law Firm

219 Broad Street
New Bern, NC 28563

Directions

(252) 633-2550