Winston-Salem Personal Injury
Unless you have been a victim of a serious accident caused by someone else’s carelessness, it is difficult to understand just how quickly one’s life can change from normal to never the same again. If you have been hurt in an accident in the Winston-Salem area, you already know the pain, anxiety, and financial difficulties that can result from a motor vehicle collision on Interstate 40 or U.S. 52, a slip and fall at the Hanes Mall or Wake Forest University, or another incident of negligence. The Winston-Salem personal injury lawyers at Maurer Law have many years of experience handling these cases. We know how important the investigative stage of an accident case can be, and we advise you to contact us as soon as possible after an accident so that our injury lawyers can visit the scene while it is still fresh, speak with witnesses, and gather important physical evidence that can make or break a claim.
It is worth noting that North Carolina Statutes § 1-52 imposes a three-year limitations period for the filing of a personal injury claim. Moreover, there can be other, shorter time periods for the filing of a claim in some situations. There may be a statute of repose, a formal notice requirement, or even a shorter statute of limitations, depending upon the circumstances of a certain accident. Not filing suit on time almost always means not receiving compensation, even though there are a few minor exceptions to the statute of limitations.Aggressively Pursuing Compensation for Your Injuries
Personal injury claims are based on a theory of negligence in most instances. “Negligence” is just a legal term meaning that a person who failed to act in a reasonably prudent manner can be legally liable for damages proximately caused to someone else. A personal injury attorney in the Winston-Salem area can advise victims and their families on whether they may have a strong claim and gather evidence on their behalf. Negligence cases have four main parts: duty, breach of duty, causation, and damages. The plaintiff, as the party asking for compensation, has the burden of proving each element of negligence by a preponderance of the evidence. This is another way of saying that the plaintiff’s evidence must be more persuasive than the defendant’s evidence, although the facts do not need to be overwhelmingly in the plaintiff’s favor. Before the case is heard by a jury, a defendant or an insurer may try to have it dismissed by a summary judgment motion. Another reason why obtaining legal counsel is so important is that an experienced attorney will know how to overcome this maneuver by the defense.
If a negligence case is successful, the victim may be able to receive compensation for all of their medical expenses, both those that have already been incurred and those that are reasonably certain to be necessary in the future. They also probably will be able to obtain damages for their lost wages up through the date of the trial, their loss of future earning capacity in the years to come, the pain and suffering that they experienced, and sometimes loss of consortium, which is a claim filed on behalf of a victim’s spouse. Punitive damages may also be a possibility, but only if the defendant’s conduct was more egregious than simple negligence. (Recklessness or wanton and willful conduct, of which drunk driving is a common example, may be subject to punitive damages.)Talk to a Personal Injury Lawyer in Winston-Salem About Your Legal Options
There are other issues that can arise in personal injury cases, such as allegations of contributory negligence, which can prevent the plaintiff from recovering damages at all. Since each case is unique, a good way to understand the way that a particular claim may unfold is to take advantage of the free consultation offered by the knowledgeable Winston-Salem personal injury attorneys at Maurer Law. You can call us at 919-229-8359 or contact us online to set up your appointment. We are ready to help victims who need a car accident lawyer or representation in premises liability, nursing home negligence, and other personal injury claims.