Unfortunately, accidents happen. Occasionally, these incidents could potentially result in significant injury that elicits pain, disability, lost work time, and, ultimately, financial hardship. Complicating matters is that, in certain instances, such mishaps might be the result of another individual’s or establishment’s irresponsibility or malfeasance.
Fortunately, however, Charlotte residents who believe such criteria apply to them might be able to recover financial compensation from the perceived guilty parties through a civil law process known as a personal injury lawsuit. That said, success in such an endeavor can be complicated and often requires prospective plaintiffs to make important considerations and execute specific steps designed to improve their chances.
Proving a Personal Injury Case
Success in any personal injury case hinges upon the ability of the plaintiff and their personal injury attorney to demonstrate that the following events took place: The accused party committed some type of negligent or malfeasant action; this act precipitated the accident in question; the plaintiff’s injuries are strictly attributable to the incident; and the compensation sought by the plaintiff is related to said injuries.
Further compounding the situation is that North Carolina is one of the few locations in the United States to adhere to a civil law principle known as contributory negligence. According to this mandate, a personal injury plaintiff is not entitled to receive compensation if an adjudicating body, such as a judge or jury, assigns said party any blame at all for the incident in question. For example, if the plaintiff was involved in an automobile accident and the presiding body found them even one percent responsible for precipitating said incident, they can recoup no compensation whatsoever.
Specific Case-Boosting Techniques
With the preceding facts in mind, success in a Charlotte personal injury claim is challenging but not impossible. Prospective plaintiffs might be able to increase their chances of generating a successful outcome by practicing the following tips:
Hiring the Right Personal Injury Attorney
Arguably, the most critical action one can execute is to retain the services of an experienced and professional personal injury attorney. The legal professional should possess the following attributes: be someone the plaintiff is comfortable doing business with, demonstrate a proven track record of success, be easy to communicate with, and possess significant experience.
That said, experience does not merely mean years on the job. Prospective plaintiffs are strongly urged to hire lawyers with experience trying the specific type of personal injury case the plaintiff is involved in. For example, if said party was involved in an automobile accident, they should work with attorneys possessing significant experience and documented success handling such cases.
One major key to success in any legal proceeding is the production of evidence. Regardless of the incident, the injured party must clearly demonstrate that the accused’s actions led to the incident. Therefore, prospective plaintiffs are strongly encouraged to help their case, such as through documenting the incident, capturing photos of accident scenes, producing reports of law enforcement officials, and obtaining personal medical records.
Receive a Comprehensive Medical Evaluation
It is imperative for any personal injury claimant to receive an immediate and comprehensive medical evaluation. It is important to reiterate that the plaintiff must convince an adjudicating body that their injuries are directly attributable to the incident in question. Thorough medical evaluations performed in the incident’s immediate aftermath will be far more credible than those taken well before or following the mishap.
Eyewitnesses could prove crucial to obtaining a successful outcome. These individuals are important because they can offer unbiased, third-party accounts of the events that transpired prior to and during the incident. Even in cases where a prospective plaintiff might possess enough credible evidence, without witnesses, the final verdict could come down to their word against that of the accused.