Marion Personal Injury Lawyer

Marion Personal Injury Attorney

Those who are injured through the negligence of others deserve fair compensation to cover the many expenses they incur as a result. Things like medical bills and lost wages from missing work may be a result of the injury. However, a Marion personal injury lawyer may be critical to getting that compensation that you deserve.

There are many other types of compensation to which you may be entitled. For instance, property damage could also be included, especially in the case of a car accident. There are also psychological impacts to consider as well, such as pain and suffering or mental anguish. Covering the costs is the responsibility of whoever caused your injury.

How the Law Office of Lyndon R. Helton, PLLC Can Help

It’s not uncommon, however, to be met with resistance and lowballing when you seek restitution from whoever caused your injuries or their insurance providers. Personal injury law exists to address the issue, but merely threatening to sue is often not enough to cause a shift.

However, when a lawyer is representing you, the possibility of going to court is much more tangible and real. This can encourage negotiations, or if needed, the problem can be escalated to take advantage of the legal process. At the Law Office of Lyndon R. Helton, PLLC, we’re prepared to take our clients’ cases to trial and exhaust every option to see that they receive the compensation that they are legally owed.

What a Marion Personal Injury Law Firm Can Do

When you have a Marion personal injury lawyer representing and advocating on your behalf, you have someone knowledgeable and experienced helping you seek the restitution that you should receive for your injuries.

Sometimes, these personal injuries are fairly straightforward, and who should be liable is clear. In other situations, it can be more difficult to determine who is liable. We investigate the circumstances of your injuries to understand who may be liable and what evidence and witness testimony may be necessary or helpful in proving their liability. In more complex circumstances, it’s possible that more than one party may even be liable.

Once the legal process has been initiated, we will investigate the injury and then enter into a period of negotiations with whoever is responsible for compensation. A fair settlement could be of interest to both parties if the right agreement can be reached. Having a lawyer negotiating for you can be critical to the process.

If the negotiations don’t come to the right outcome, then the claim will need to go to court. This is something most insurance companies and defense lawyers will want to avoid. The other side may already understand that lowballing an experienced lawyer won’t get them anywhere, so this can also lead to more realistic offers and accelerate the process.

However, there are some situations where a fair agreement just can’t be reached. When this happens, it’s our job to represent you through the entire legal process, including trial. We’ll make the case for negligence on the part of the defendant and argue justification for the compensation that you’re seeking.

We’ll also defend against counter-accusations of negligence on your part, which could be used to take away your opportunity to collect compensation. From start to finish, we will utilize our comprehensive knowledge and experience in service of your case, working to secure the most favorable outcome in your case.

Proving Negligence in a Personal Injury Claim

Proving negligence in a personal injury claim will require various kinds of evidence depending on the circumstances surrounding your injury. However, there is a general process that will always be followed. Generally, proving fault requires the use of evidence to persuade the court that the defendant committed an act of negligence, leading to your injuries. In a personal injury case, this means showing three things:

1. Duty of care. The first element that must be present in any personal injury claim is a duty of care. When we are involved in an activity that may impact others, we have a duty of care not to create unnecessary risk of harm for them. Generally, this means taking reasonable precautions that minimize that risk for others. Your lawyer can help prove that the defendant owed you a duty of care in your case.
2. Breach of duty. If someone has acted in a way that does not fulfill their duty of care, then they have breached their duty and are liable for the damages that follow as a result. This requires the claimant to demonstrate that something specific about the actions or inactions of the defendant failed to meet their duty of care.In some cases, this can be fairly straightforward. Something like drunk driving is a clear breach of duty. However, in more complex and unfamiliar cases, such as during a medical procedure, it can be helpful to have a witness with a strong understanding of the situation explain what would have reasonably been done by another individual in that situation. This can demonstrate how the actions of the defendant fell short of their duty of care.
3. Causation. Finally, your lawyer must be able to demonstrate that the breach directly caused the injury you suffered. In many cases, damages are caused by some kind of accident or incident. In this instance, your lawyer would first show the connection between the breach and an accident. During an accident, several breaches of duty may occur by one or more parties. However, it is important that there is a direct connection between the breach and the incident that led to the damages. For instance, a driver could fail to have their turn signal on while in the turn lane at a red light. However, this would not be considered a factor in someone rear-ending them while they wait to turn. Once the breach has been connected with an accident, your lawyer must show that the accident was the direct cause of your injuries. The defense may try to reason that your injuries were unrelated and not necessarily caused by the accident or other act of negligence. To ensure that all of your accident-related damages are covered, your lawyer can help clearly prove the breach in the defendant’s duty of care directly led to your damages.

Compensation Available in a Personal Injury Claim

The compensation awarded in a personal injury claim is intended to cover the costs incurred as a direct result of your damages. There are two types of damages for which you can be compensated:

• Economic damage. Economic damages encompass expenses such as medical bills, the cost of repairing or replacing property, and losing pay from missing work. These costs all have tangible financial value. Future expenses, such as ongoing medical treatment and lost earning capacity, are also included in these damages.
• Non-economic damages. There are a variety of costs related to a personal injury that aren’t as clearly tangible as economic damages. These generally encompass the more emotional and psychological impacts brought about as a result of the injury. Pain and suffering and mental anguish are common examples. While proving the extent of these costs is more difficult, victims are equally entitled to these damages in addition to economic damage compensation.

The Impact of Contributory Negligence

One important component of any personal injury case is defending against North Carolina’s doctrine of contributory negligence. Under these rules, the defendant is given the opportunity to argue that some share of fault for the injuries belongs to the claimant. If this is successfully argued, even if the claimant is deemed only 1% at fault for their injuries, it could bar them from collecting any damages at all. One of the most important things your lawyer will do is be prepared to defend against counter-accusations of negligence on your part.

FAQs

Q: What Kinds of Injuries Are Handled Through a Personal Injury Claim?

A: There is a wide array of potential personal injury claims, including car accidents, premises liability, slip and falls, dog bites, and medical malpractice. Any kind of injury has the potential to be a personal injury claim so long as it was caused by someone else’s negligence. If you aren’t sure if you have a personal injury claim, a lawyer can help evaluate your situation.

Q: When Does a Personal Injury Claim Need to Be Filed in North Carolina?

A: The deadline for filing a personal injury claim is set by the statute of limitations. In Marion, North Carolina, this deadline is generally three years. However, it’s important to realize that there are a number of exceptions and possible extensions. For instance, if you are going to file a claim against the government, that process is likely to have a shorter deadline, depending on the situation.

However, if the injuries are discovered at a later date, or the injured party was a minor, it’s possible that the deadline could be extended as well. Medical malpractice also has its own set of unique rules. To be certain that you’re aware of the deadlines in your case, it’s helpful to speak with an experienced lawyer.

Q: Will Punitive Damages Be Awarded in My Case?

A: Economic and non-economic damages are meant to compensate you for your costs. A third form of damages, though, is that punitive damages are meant to serve as a reprimand for the behavior of the defendant. These damages are a form of punishment and deterrent. A defendant must have done something malicious or egregious to have punitive damages awarded.

However, most injuries are a result of ignorant mistakes, so punitive damages won’t be awarded in most situations. If you think they could apply to your case, a lawyer might be able to give you an idea of whether or not that is likely.

Q: Is It Better to Settle a Claim Out of Court or Take It to Trial?

A: There are, of course, pros and cons to settling a claim and going to trial. Generally, a trial is going to have the potential for the highest value compensation. However, a trial also carries a significant amount of risk, especially with the possibility of contributory negligence. A settlement, on the other hand, may offer a little lower compensation but is guaranteed. A settlement also has the advantage of time, as you could receive your funds much sooner than a months- or years-long trial.

A Marion Personal Injury Lawyer Could Help You Get the Compensation That You Need After an Injury

Those who’ve been injured by the negligence of others shouldn’t have to worry about whether they will receive proper compensation for what they’ve endured. Unfortunately, those who are responsible are often unwilling to cover the full extent of the costs associated with the case.

If you’ve suffered an injury due to the negligence of another party, you should seek a recovery that covers any medical costs, property damage, lost wages, and psychological and emotional impacts of an injury. Those responsible or the insurance providers of those responsible often resist paying you fair and just compensation. For this reason, you should make sure to work closely with a skilled and qualified personal injury attorney who can work tirelessly to ensure you secure a full recovery.

Personal injury claims serve an important civil role. The power of a court order may be necessary to ensure that you get the compensation you deserve. In some cases, the possibility of going to court may even be enough to encourage reaching a fair settlement agreement. It’s important that you work with someone who understands personal injury law and has successful experience in the courtroom.

Contact Your Marion Personal Injury Lawyer Today

An experienced Marion personal injury lawyer, like those at the Law Office of Lyndon R. Helton, PLLC, is critical to securing the compensation you’re seeking. Whether through negotiating a settlement out of court or representing you in trial, we help our clients pursue a personal injury claim to fight for the compensation that they’re owed.

Contact us today to discuss your injuries and find out how we may be able to help get you started with your recovery. We also represent clients all throughout Burke, Caldwell, and Catawba Counties.