Car Accident Attorneys in Fayetteville, NC
Our dedicated team is with you through every step of the legal process, from the first consultation to the time your case is settled or closed. We are dedicated to advocating for fair settlements and holding responsible parties accountable for their negligence as we fight to get our clients the peace of mind and compensation they deserve. Establishing Liability After a Car Accident in North CarolinaIt’s important to first understand that the plaintiff has the burden of proof in car accident cases, meaning that it’s their responsibility to show the defendant’s negligence or action were the sole cause of the collision. Additionally, under North Carolina law, the plaintiff can not be found to be negligent or at fault in any way. Otherwise, under the doctrine of contributory negligence, the plaintiff will be barred from receiving compensation. Elements to a Negligence Action In order for a case to go to court and a jury to find in favor of the plaintiff, a car accident attorney must prove the following:
- Duty of Care: The defendant needed to act according to a set standard, such as a statute, local ordinance, or the rules of the road.
- Breach of Duty: The defendant was negligent in holding to the duty of care by breaking the statute, ordinance, or traffic laws.
- Suffering Damages: Once duty and breach of duty are established, the plaintiff must prove that they suffered damages as a result of the collision.
- Economic: Damages based on medical expenses, future medical costs, lost wages, and property damage;
- Non-economic: Damages based on the pain and suffering a plaintiff sustained due to the accident. In cases of particularly egregious circumstances, punitive damages may be awarded to specifically punish the defendant.