INJURED IN AN ACCIDENT?
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Personal injury can be defined as the physical injury inflicted on a person's body, as opposed to damage to property or reputation. The area of law that is implicated with respect to compensating the injured person and placing that person in as good a position as s/he was prior to the accident is tort law.
Personal injury or tort law covers situations in which a person’s body, mind, or emotions are hurt, as a result of someone else’s negligent actions or carelessness. This area of law includes all types of accidents associated with carelessness and even covers fatal instances of conduct known as wrongful death.
Generally, a case that involves personal injuries begins when the injured person, also known as the plaintiff, files a lawsuit against a person or business, that was negligent, known as the defendants. A personal injury lawsuit is filed in the Civil Court and includes relevant claims against the defendants that demand monetary compensation, usually in the form of financial reimbursement known as damages. Said damages are meant to place the injured party in as good a position as it was prior to the injury causing accident. It is not, however, meant to create a windfall for either party.
The following list details some of the most common personal injury cases that we have encountered throughout our practice. By no means is this list exhaustive, as personal injury law covers any kind of case where a person was injured.
Car accidents, bicycle accidents, boating accidents, truck accidents, motorcycle accidents, or accidents resulting in an injury to pedestrians.
Consumer Product Liability, which in North Carolina is not a Strict Liability Action, but a typical negligence standard that is outlined in Chapter 99B of the North Carolina General Statutes.
Injuries caused by an animal such as dog bite.
Slip and Fall injuries and other premises liability actions.
Injuries to reputation caused by defamation or to mental wellbeing of a person by negligent or intentional infliction of emotional distress.
Most of the cases outlined above involve some form of negligence or carelessness. Negligence can be defined as failure to exercise the care that a reasonably prudent person would exercise in like or similar circumstances. North Carolina generally follows the traditional common law rules of Negligence.
In Florida and North Carolina, to establish a case of negligence, the plaintiff must generally prove:
(3) causation, (cause-in-fact and proximate cause) and
First, a defendant owes a duty to conform to a specific standard of conduct for the protection of foreseeable plaintiffs. Breach occurs when the defendant fails to conform to that standard of conduct. Moreover, the defendant’s breach must be the cause-in-fact and proximate cause of the plaintiff’s harm. To prove cause-in-fact, the plaintiff must show the harm would not have occurred “but for” the defendant’s actions. To establish the defendant’s breach was the proximate cause of plaintiff’s harm, the plaintiff must show the result of the defendant’s conduct was foreseeable. Finally, damages include the plaintiff’s past and future medical expenses, lost income, property damages, and pain and suffering.
While you may be able to prove that the other party was negligent and caused you to suffer numerous injuries, you may still be barred from recovery, because of Contributory Negligence in North Carolina, while your percentage of recovery may be reduced in Florida because of Comparative Negligence. North Carolina, unfortunately, is one of the few remaining states that still follows this rule. Under North Carolina Contributory Negligence Doctrine, if you were found to be even 1% at fault in an accident, you may be completely barred from any recover whatsoever. The policy behind this rule is justified by the Courts in that as a plaintiff, you also owe a duty to the other person to exercise reasonable care on your own behalf. This antiquated rule also, allegedly, helps to keep the insurance premiums down in North Carolina.
In Florida, Comparative Negligence typically just reduces a Plaintiff's recovery amount by a percentage that is apportioned by a fact finder to be the percentage of fault attributed to a Plaintiff for causing the Plaintiff's injuries.
The Last Clear Chance Doctrine (North Carolina) and Medical Payments Coverage (optional coverage) are meant to alleviate the harshness of the North Carolina Contributory Negligence. Under the Last Clear Chance Doctrine, you will be entitled to compensation even if you are found to have been contributorily negligent, if after you have placed yourself in a position of peril, the defendant knew or should have known that you were in peril, had the time and the means to avoid injuring you, but failed to use reasonably available means to avoid injuring you, and as a result caused your injuries.
Medical Payments Coverage, (MedPay) on the other hand, is a type of insurance coverage that you may obtain in Florida and North Carolina that will pay for your injuries regardless of who is found to be at fault for causing an accident. You may be wondering whether using this medical payments coverage will increase your premiums. The answer is NO. Generally, insurance companies are not permitted to raise your premiums simply because you have used this coverage.
Having been involved in multiple car accidents myself, I understand the agony and the pain that a personal injury victim experiences. Aside from the physical injuries, emotional stress, loss of income, and exorbitant medical expenses, you also have to deal with restoring your financial well-being, which more often than not proves to be very challenging.
At BIAZZO LAW, through zealous advocacy and unparalleled commitment, we will walk you through each step of the process, and ensure that you get fair and adequate compensation for your losses. Our attorneys will help you obtain full compensation, as allowed by law, for all losses you suffered due to a motor vehicle accident.
Whether you sustained light, soft-tissue injuries or injuries of catastrophic nature, we are passionate to stand up and fight for you to get what you rightfully deserve. In fact, even if your injuries were light in nature, you still need to get evaluated by a physician, because adrenaline has a tendency to mask injuries.
In essence, this is what our firm is all about. We will do our best to place you in as good of a position as you were in prior to the accident.
What we can promise you is that:
There's never an attorney fee unless we win compensation for you.
Consultations are FREE.
We are always here to answer your questions, and will always get back to you on the same day.
It is our number one priority and passion to HELP you and your family get justly compensated.
We can come to you, either at your home, hospital or urgent care.
Our attorneys will help you with property damage and rental car issues.
You may ask yourself whether or not it is worth hiring us to handle your accident. ABSOLUTELY! In most instances, you will be going up against seasoned insurance adjusters backed by their experienced lawyers. To them, you are just a liability that must be taken care of using the least amount of resources. This, in turn, improves their bottom line and yields a higher return for their shareholders, because let's face it - insurance is a business. What insurance companies do not want is a fair fight. We are here to level the playing field by educating you about your rights and obtaining the compensation you rightfully deserve. Therefore, it is crucial that you have us on your side, because insurance companies will never be on your side.
Please do not wait, call us today for a FREE consultation.