Statesville Personal Injury Lawyer

Statesville Personal Injury Attorney

If you are searching for a Statesville personal injury lawyer, Law Office of Lyndon R. Helton, PLLC, is here to assist you in your case. Our law firm has 25 years of experience successfully serving our clients, which makes us a trusted and reliable option for legal care. We care about how your personal injury has impacted you, your life, and your loved ones, and we are eager to swiftly find a solution that you are happy with.

What Is Personal Injury Law?

Personal injury law, often called tort law, is the legal landscape that handles disputes that arise when an individual has suffered an injury or damage due to the fault of another party. If an injured party is able to prove that another party’s action or inaction led to their harm and damage, they may have the grounds to pursue legal action to receive compensation for their injury and related losses. Common personal injury cases include the following list:

• Car Accidents
• Truck Accidents
• Motorcycle Accident
• Slip and Fall Accidents
• Medical Malpractice
• Workplace Accidents
• Wrongful Death
• Dog Bites and Animal Attacks
• Defective Products
• Pedestrian Accidents

Ultimately, personal injury law creates an opportunity for injured parties to seek compensation for their losses and hold at-fault individuals responsible for the severity of their actions.

In North Carolina, the statute of limitations, or the legal deadline to pursue legal action, for personal injury claims is typically three years from the date of the accident or date of injury, with few exceptions. If you file a claim after three years have passed since the date of your injury, your claim may be considered invalid. In this case, you will be unable to recoup your damages.

Why Is Negligence So Important in Personal Injury Claims?

Negligence is one of the central points a plaintiff needs to prove in a claim to receive compensation for their losses. Negligence is the typical legal basis for holding at-fault parties accountable for the harm they have caused. It ultimately provides a framework for determining liability. There are four key elements to consider when demonstrating negligence in personal injury claims:

• Duty of care: The plaintiff, or injured party, must show that the defendant, or at-fault party, owed them a duty of care. A duty of care is the legal requirement to attempt to prevent inflicting harm on others. One example is the tenant and landlord relationship. The landlord owes their tenants a duty of care to keep the premises safe and protected from reasonably anticipated harm. There is a clear obligation in this type of relationship.
• Breach of duty: The plaintiff then needs to show that the defendant breached this duty of care that they owed them. There needs to be proof that the defendant’s actions or inaction were below the standard of care expected in the given situation. In the tenant and landlord case, the tenant could prove that the landlord failed to place “wet” or “caution” signs on a recently mopped floor when they are responsible for indicating that safety is compromised.
• Causation: The plaintiff then must show that there is a causal connection between the defendant’s breach of duty and their injury. In the tenant and landlord scenario, the tenant needs to prove that the landlord’s lack of action to properly indicate the wet floor led to their fall. This generally requires substantial evidence, like eyewitness accounts, medical records, and other documentation linking the defendant’s conduct to the plaintiff’s injuries.
• Damages: Finally, the plaintiff has to prove that they suffered actual injury and damages as a result of the defendant’s negligence. The tenant has to prove that they did indeed break their ankle as a result of their fall on the wet floor of their apartment building. This can be proven through documentation like medical bills, lost wages, pain and suffering, emotional distress, property damage, and more.

How Can a Personal Injury Lawyer Help?

A personal injury lawyer can offer essential support in various ways. A lawyer’s chief purpose is to successfully represent their client by helping them receive fair treatment and compensation that adequately covers their losses. Below are specific ways a personal injury lawyer can assist you:

• Case Assessment: Upon an initial meeting, an attorney will review the details of your injury and help determine your options for legal action. They will inform you of the merits of your case. They can also advise you on whether the pursuit of litigation is likely to be successful or if another option is better suited for your case. They will provide you with the details and information you need to make a decision on how to act.
• Investigation and Legal Strategy: Through a detailed investigation period, an attorney will research the important and relevant details of your case. This includes reviewing medical records, out-of-pocket expenses, and damage sustained, as well as interviewing eyewitnesses, reviewing any evidence from the accident scene, and more.
  Through their findings, they will construct a legal strategy that will uphold and support your case throughout the legal process. This will work toward proving that the other party was negligent and at fault for your damages.
• Negotiation and Litigation Representation: An important type of support that attorneys offer their clients is representation in negotiations and litigation. This means that your attorney will handle conversations with the at-fault party, insurance companies, and other related parties. Throughout the trial, your attorney will skillfully represent your case, presenting all relevant evidence and arguments supporting your position.
• Legal Advocacy: From the first moment you enter into conversations to the end of your case, your attorney will be your trusted legal advocate. As questions and concerns emerge, they are there to provide you with solutions and answers. Their goal is to protect your rights and push for a fair result.

FAQs

What Percentage Do Most Personal Injury Lawyers Take?

The percentage that most personal injury lawyers take is dependent on each case. Lawyers operate on several payment options, such as a lump sum one-time payment, an hourly rate, or a contingency fee basis, where they will only receive compensation if their client’s claim is successful. If so, they will receive a percentage of the settlement.

Lawyer fee amounts depend on several factors, like the attorney’s experience level, jurisdiction particularities, the nature of the case, the timeline, the amount of resources used, and more.

What Is the Success Fee for a Personal Injury Case?

The success fee for a personal injury case refers to the percentage of compensation a lawyer will receive when they operate on a contingency fee basis. However, they will only collect this fee if they successfully win compensation on their client’s behalf. Contingency fee percentages will be discussed with lawyers upon the first meeting, and if clients have concerns about this payment structure, they can bring them up at this time.

How Much Do You Get for a Personal Injury Claim?

The amount that you get for a personal injury claim depends on the specific circumstances of each case. The circumstances that impact personal injury settlements include the nature and severity of injuries and damages suffered, insurance policy limits, jurisdiction considerations, attorney fees, non-economic losses like pain and suffering, all out-of-pocket expenses paid by the injured party, and more.

The goal of a settlement is to adequately cover all the losses of the injured party and assist in recovery.

What Is the Usual Result of a Settlement?

The usual result of a settlement is typically an agreement that is determined by all involved parties through negotiation. A settlement generally requires compromise by both parties to resolve differences, and if this is not possible through negotiations, a legal proceeding is necessary. The terms of the settlement will vary and may depend on the nature of the dispute and the specific needs of the parties involved.

How Long Do Personal Injury Claims Take on Average?

The amount of time that personal injury claims can take varies depending on various factors and considerations. Even simpler personal injury claims can take significant time due to the severity of injuries and related medical treatment, the efficient work of all involved parties, court availability, jurisdiction requirements, and more.

If you are looking for a more accurate prediction of a timeline for your claim, speak with an attorney about the specific details of your case.

Contact a Trusted Statesville Personal Injury Lawyer as Soon as Possible

Enduring a personal injury can be overwhelming and challenging, as the implications on your physical health and future can be serious. At Law Office of Lyndon R. Helton, PLLC, we understand what you are going through and have worked with many clients who were in a similar position in Statesville and in Burke, Catawba and Caldwell Counties. We treat our responsibility as legal advocates seriously, and we strive to provide excellent care to our clients.

Your life and well-being matter to us at Law Office of Lyndon R. Helton, PLLC. During your initial consultation, you will be met with the understanding and knowledgeable ear of one of our attorneys, who can address your immediate questions and concerns. Do not hesitate to get in touch; reach out today and set up a consultation with a trusted personal injury lawyer.