Alexander County Personal Injury Attorney
Personal injuries can upend your entire life. When someone else’s carelessness causes your injury, you can hold them responsible for the personal and financial costs of your injuries. Working with an Alexander County personal injury lawyer from Law Office of Lyndon R. Helton, PLLC, helps you recover with the knowledge that experienced legal support has your interests at heart.
Recovering Compensation in a Personal Injury Claim
To recover compensation in a personal injury case in Alexander County, you must file a claim against the party or parties who were at fault and successfully hold them liable for your damages. You and your attorney may review evidence such as testimony from witnesses, any photo or video of the incident, or medical information. This evidence is crucial in determining fault and proving liability.
Many personal injury claims are filed on the legal theory of negligence. This occurs when someone acts or fails to act in a careless manner, failing to behave reasonably or consider the safety of those around them. The individual does not have to have intended to cause harm to be held liable. You must prove several elements to hold an individual liable for your damages based on negligence. This includes:
- Duty: First, you must prove the party owed you a duty of care. Different individuals or entities have different levels of duty of care, such as drivers on the road, medical professionals and their patients, and property owners and those on their property. Most people owe each other a basic duty of care so as not to cause unnecessary danger.
- Breach: Then, you must prove the individual breached this duty. What is considered a breach of duty of care will rely on the level of care the individual owes you. Negligent behavior is a breach of duty of care.
- Causation: It must be proven that the party’s breach of duty of care caused the accident in which you were injured. Many people could have behaved negligently, but they are only liable for your damages if there is a causal link between the two. If your injury would have occurred without the party’s breach of duty, then they cannot be held liable.
- Damages: Finally, you must prove that you suffered actual damages. There must be tangible damages that can be proven and directly result from the incident, such as medical bills or physical pain from the injury.
Personal injury claims based on negligence do not require intention or misconduct. However, these claims can also be based on criminal negligence or intentional misconduct. When this is the case, there may be both a criminal case and a civil claim. Even if the individual is not criminally convicted, you may still be able to recover damages through a civil claim. Your personal injury attorney can help you secure the information and evidence you need to prove liability.
Personal Injury Cases We Manage at Law Office of Lyndon R. Helton, PLLC
Personal injury law is a broad field of law. It encompasses many types of accidents where another party is at fault. When you have been injured by another party’s negligence, you want to seek legal help from an attorney who knows how to navigate your type of case.
When an attorney has experience with the type of accident you were in, they are better equipped with the right investigation methods and know the likely at-fault parties. Attorneys experienced in handling cases with your type or severity of injury before are better able to calculate the value of those injuries and consider the long-term costs. Their knowledge and past successes increase the likelihood of a successful personal injury claim.
At Law Office of Lyndon R. Helton, PLLC, we have experience with some of the following types of claims:
- Motor vehicle accidents. After a car accident, financial recovery is most often secured through an insurance claim with the provider of the at-fault driver. Dealing with these insurance companies is not often easy, unfortunately, and they will work to undermine and devalue your claim.If you cannot recover a fair settlement in negotiations, or the at-fault party does not have insurance, you may need to recover compensation through a civil claim. Whether you are recovering compensation in a civil or insurance claim, an attorney can help. They can negotiate with the insurer, calculate the true value of your damages, and take your claim to court if needed.
- Premises liability injuries. Premises liability accidents include slip-and-fall accidents and other property hazards. Property owners have a responsibility to address hazards they are aware of in a reasonable amount of time and to warn those on their property of those hazards. If you were injured because a property owner neglected this responsibility, you may be able to file a claim for your damages.
- Workplace-related injuries. Workers’ compensation insurance covers employees when they are injured on the job and protects employers from being personally liable for most injuries. This is typically the only method most injured employees have to recover compensation.However, if a third party is at fault for an accident that you as an employee were injured in, you could file both a workers’ compensation claim and a personal injury claim against the at-fault party. You may also have options for a civil claim if your employer deliberately caused your injury or does not have the workers’ compensation insurance they are required to. An attorney can help you explore your options.
- Dog attacks. Dog attacks and bites can cause severe injuries, especially if the injured individual is elderly or a child. In North Carolina, owners are held strictly liable for damages their dog does to people, property, and other animals. Owners are only not liable if the injured party was trespassing or provoking the dog. If you were injured because of a dog attack, an attorney can help protect your rights.
- Catastrophic injuries. Catastrophic injuries can result from accidents like commercial truck accidents, malpractice, and other serious accidents. They are any injuries that result in permanent harm. Because of the long-term consequences and medical complications associated with these injuries, the compensation must be substantial to recover those losses.
Contact Alexander County Personal Injury Lawyer
Suffering an injury because of the negligence of someone else can be devastating and leave you looking for answers. Our team has the answers you need to take the next steps forward in your physical and financial recovery. When you need experienced legal support, Law Office of Lyndon R. Helton, PLLC, can help. Contact our firm today.