Without the help of an experienced attorney, building and defending a strong personal injury claim in North Carolina can be extremely challenging—even more so than in other states.
If you’ve been injured in an accident in North Carolina, you’re likely facing physical pain, emotional stress, and mounting bills. Amid all the chaos, you may be wondering:
- Should I call a lawyer?
- What am I legally required to do?
- Is my case strong enough to
To answer the first question…
Yes, call a lawyer!
It’s always best to seek legal counsel after an accident that left you injured, even if your injuries seem minor or fault appears unclear. A personal injury attorney, like Flexner Houser, can offer initial guidance regarding legal reporting requirements, initial conversations with insurance adjusters, and the potential value of your case (at no cost to you).
If you think you may have a North Carolina personal injury case, contact us for a free consultation. Then, use this guide as a reference while we help you build a rock-solid case and earn you the compensation you deserve.
First, a Note on Evidence Gathering
Beyond standard incident reports and medical bills, certain cases may require witness testimonies, surveillance footage, or even specialized insight from experts. One of the benefits of working with a personal injury lawyer is the ability to lean on your attorney’s skills, connections, and expertise to acquire these more complex evidence types.
Pro Tip: Working with an experienced North Carolina personal injury attorney early in the process helps ensure you don’t miss critical evidence that could strengthen your case.
Think you have a potential case? Contact our North Carolina personal injury team today.
Proving “Negligence” in North Carolina
To win a personal injury case in North Carolina, you need to prove the other party was negligent This requires you to establish four “elements of negligence”:
- Duty of Care: The defendant had a responsibility to act safely.
- Breach of Duty: The defendant failed to do so.
- Causation: The defendant’s actions directly caused your injuries.
- Damages: You suffered actual losses as a result.
To establish the first three elements, you will need:
- Police Report or Incident Report: These official documents provide objective accounts of what happened. While you can still file a claim without one, having a police or incident report significantly strengthens your case by establishing fault.
- Eyewitness Testimonies: Neutral witnesses can provide powerful testimony about how the accident occurred. Always collect contact information from witnesses at the scene—your attorney will handle reaching out to them later.
- Photos & Videos of the Scene: Visual evidence goes a long way in personal injury cases, whether it’s a quick picture or video on your phone or surveillance footage from a nearby facility.
- Expert Witness Testimony (in complex cases): Your attorney may call up a special expert to provide valuable insight into the accident or the direct cause of your injuries (e.g. accident reconstructionists or medical experts).
Demonstrating Injury Extent & Severity
Now, to address that fourth element of negligence: the damages.
Let’s begin with your injuries.
First and foremost, you MUST seek medical attention immediately after an accident to recover personal injury damages. Otherwise, insurance companies will argue that delayed treatment means your injuries weren’t serious.
Any time you receive care after the incident, hold on to every medical record. This includes (but is not limited to):
- Medical records from hospitals, doctors, and specialists
- Diagnostic test results including X-rays, MRIs, and CT scans
- Treatment notes from every appointment
- Prescription records for all medications
- Medical bills and receipts for all treatment costs
- Therapy documentation from physical therapy, occupational therapy, or chiropractic care
- Prognosis reports detailing long-term impact and future care needs
Documenting Financial Losses
Medical expenses aren’t the only economic damages you can recover in a North Carolina personal injury case. Below are some of the other measurable losses you’ll want to account for:
Lost Wages/Income
How much money are you losing (or likely to lose) because you’re out of work with an injury? Essential evidence for current and future lost wages recovery includes:
- Pay stubs
- Employment contracts
- Tax returns
- Employer statements verifying lost work time
- Documentation of lost earning capacity (for long-term injuries or disabilities)
Property Damage
Whether it’s your car, your house, or another personal belonging, you may be able to claim compensation for any personal property damaged in the accident.
Documents you’ll want to hold onto include:
- Repair estimates
- Invoices
- Photos of the damaged property
- Proof of replacement costs (e.g. estimates or receipts)
Other Out-of-Pocket Expenses
Beyond medical bills and property repairs, you may have to fork out extra money to pay for transportation to and from appointments, mobility aids (like crutches or wheelchairs), or special home modifications. Make sure you keep track of all those receipts as well.
Establishing Non-Economic Damages
Not all damages in a personal injury situation are easily quantifiable. How do you put a dollar amount on the degree of physical suffering you’ve experienced? Or the toll on your emotional and mental well-being? Or strained or lost relationships?
Understandably, things get a little tricky when you’re trying to prove non-economic damages (like physical pain and suffering, emotional distress, and loss of enjoyment of life).
However, there are a few documents that can help build your case:
- Personal Pain Journal: A consistent record of your daily pain levels (1-10 scale), emotional impact, activities you can no longer do, sleep disturbances, and mood changes.
- Testimony from Family or Friends: Those closest to you can testify about how your injury has changed your life and relationships. Their observations about your physical limitations and emotional struggles carry significant weight.
- Therapy Records: If you’ve sought counseling or therapy for emotional trauma related to your accident, these records demonstrate the psychological impact of your injuries.
Need a Personal Injury Lawyer in North Carolina?
Remember, North Carolina has a three-year statute of limitations for personal injury claims, but waiting hurts your case. Evidence disappears, witnesses forget details, and insurance companies become less cooperative over time.
Don’t let valuable evidence slip away while you’re focusing on recovery. The sooner you act, the stronger your case becomes.
Ready to build your strongest possible case? Call 1-800-FLEXNER [click to call] or submit your case details through our secure contact form for a free consultation.
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