Hickory Personal Injury Lawyer

Hickory Personal Injury Attorney

A personal injury can occur in many unexpected ways, often leaving the victim and their family wondering how they will recover and who is responsible for the resulting damages. A personal injury claim is a civil suit that seeks compensation for the victim’s losses, and if you believe you have grounds to file such a claim, it is imperative that you connect with an experienced Hickory personal injury lawyer at your earliest opportunity.

A seasoned legal representative can assist you with determining liability for your damages. To succeed with a personal injury case, the injured plaintiff must identify the party that injured them and prove exactly how they caused the damages cited in the claim. The team at Ayers, Whitlow & Dressler has years of experience handling a wide range of personal injury cases, and we are ready to put our experience to work for you in your impending case.

Hiring a Hickory Personal Injury Lawyer for Your Case Has Many Benefits

In North Carolina, a plaintiff is not legally required to hire an attorney if they intend to file a personal injury case. However, one should not assume that attempting to handle their case on their own would simply be a good way to save money on legal fees. Any personal injury claim can be more complex than it appears at first, and the average person would be likely to encounter various challenges that they will not be able to overcome without legal counsel on their side.

If you attempted to handle your personal injury case by yourself, you would be confronted with various difficult procedural rules and strict filing deadlines. You would need to gather evidence to prove fault on your own, and you would need to accurately calculate all your claimable damages. Managing these responsibilities while recovering from an injury or caring for an injured loved one would be extremely difficult and unlikely to yield a positive result.

Hiring an experienced Hickory personal injury lawyer to represent your case will make every aspect of your impending proceedings much easier to handle and more likely to yield the results you are hoping to see. You can rest and recover with peace of mind as your attorney manages your case and provides updates as it unfolds. If you encounter any unexpected difficulties, your attorney can address and resolve these issues on your behalf.

Ultimately, you will have the greatest chance of success with any type of personal injury claim if you have trusted legal counsel on your side. The right law firm can guide you through each stage of your case, gather evidence to firmly establish liability for your damages, and assist you in uncovering all the various forms of compensation you can claim from the defendant, maximizing your recovery. They can also streamline your case so you can recover faster.

Personal Injury Cases We Represent in Hickory

If you are searching for an experienced law firm to handle your personal injury case in Hickory, it is imperative that you choose one with proven experience resolving cases like yours. At Ayers, Whitlow & Dressler, our attorneys have successfully resolved many types of personal injury cases for our clients in Hickory and surrounding communities, including:

• Car accident cases. These accidents are a top-reported cause of personal injuries each year in the state, and these incidents happen in many different ways. Your recovery after your car accident is likely to begin with a car insurance claim, but a personal injury suit will be necessary if the insurance of the driver at fault cannot fully cover all your damages.
• Commercial truck crash cases. Accidents involving large commercial trucks not only tend to cause tremendous damage to those involved but also raise very difficult questions regarding liability. One or more parties could bear fault for the accident, and our team will help you navigate the complex proceedings that a commercial truck accident is likely to cause.
• Motorcycle accident cases. Motorcycle accidents are less common than car accidents but tend to result in far worse injuries. The risk of catastrophic or fatal injury is much higher for motorcycle accidents than other vehicle accidents because motorcycles do not offer any physical protection to a rider. We know the unique legal challenges you could encounter in this type of case and how to overcome them.
• Drunk driving accidents. Unfortunately, driving under the influence of alcohol or drugs consistently ranks as a leading cause of accidents in the state each year and is one of the most commonly prosecuted crimes in the state. If you were harmed by a drunk driver, resolving your case may be more challenging than what you could expect after most other types of car accidents.
• Premises liability claims. Premises liability rules pertain to private property owners and the duty of care they owe to the lawful visitors of their property. If you were harmed by a foreseeable safety hazard that the owner of the property did not address, they could be liable for your resulting damages. Note that an owner of property only owes a duty of care to lawful visitors to their property, not to trespassers or intruders.
• Dog bite claims. If you were injured by someone else’s dog, you may have grounds for a civil suit against the dog owner. If they had any knowledge their dog was potentially dangerous due to a previous attack, strict liability applies, and they are fully responsible for all damages their pet inflicted on you.
• Medical malpractice cases. Medical malpractice is a specific area of personal injury law that pertains to injuries caused by negligence during medical care. If you were harmed during the course of medical treatment because of a healthcare professional’s negligence, filing a medical malpractice claim will be very different from filing a standard personal injury claim.
• Workplace injury claims. If you were hurt while working in Hickory, workers’ compensation may provide valuable economic relief for your medical expenses and the income you are unable to earn during your recovery. However, if a specific party is responsible for causing the injury, you could also have grounds to file a personal injury claim to seek compensation for damages workers’ compensation insurance won’t cover.
• Catastrophic personal injury claims. A personal injury can qualify as catastrophic when it causes the victim permanent harm. If you or a loved one suffered any level of disfigurement or permanent disability due to a defendant’s actions, you need a Hickory personal injury lawyer who can help you secure compensation for your immediate and future damages resulting from the incident.
• Wrongful death claims. When someone dies from a personal injury, their family can file a wrongful death suit in lieu of the personal injury claim the victim could have filed if they had survived. This type of personal injury claim aims to compensate the surviving family of the victim and to repay any losses sustained by the estate of the deceased.

In any type of personal injury case, the plaintiff must have the legal representation they can trust if they want to have the greatest chance of succeeding with their claim and maximizing their case award. The attorneys at Ayers, Whitlow & Dressler have the professional resources, skills, and experience needed to resolve the most challenging cases, and we will do everything we can to help you prove fault and recover maximum compensation for your losses.

Proving Liability for a Personal Injury in Hickory

Before the plaintiff of a personal injury case can recover any compensation for their damages, they must be ready to prove exactly how those damages occurred. This means they will need to accurately identify the party or parties responsible for harming them, prove exactly how they caused the personal injury, and prove that the defendant is entirely at fault for the personal injury.

The state enforces a pure contributory negligence rule. This means that an injured plaintiff must prove that a defendant was entirely to blame for their claimed damages and that they did not occur from any other cause. If the plaintiff is found liable for the damages, it will negate their ability to seek compensation from any other liable party. Even slight shared fault will nullify their ability to file a personal injury claim.

The majority of personal injury claims filed in Hickory each year result from negligent acts, which is the failure to exercise reasonable care and caution in specific situations. Negligence may also refer to the failure to uphold a specific duty of care in a specific situation. There are four main elements required for proving negligence in a personal injury case:

1. Duty of care. The plaintiff must prove that the defendant had a responsibility to act with reasonable care in the given situation or that they had a specific duty of care for the situation. For example, a driver has a duty of care to stop for red lights and stop signs and to follow posted speed limits at all times.
2. Breach of duty. Next, the plaintiff must prove that the at-fault party either breached or failed to meet their duty of care in some way. For example, distracted driving is a breach of a driver’s duty of care to operate their vehicle attentively. Speeding would be a breach of their duty of care to abide by posted speed limits.
3. Damage. The plaintiff only has grounds for a claim if they suffered some type of loss. They must prove that actual harm occurred from the defendant’s actions, meaning they will need to show proof of the extent of the damages they believe resulted from the defendant’s actions.
4. Causation. Establishing causation means proving that the defendant is directly responsible for damages cited in the claim and that they did not result from any other cause. This means the plaintiff will need to prove that their damages would not have occurred but for the defendant’s actions.

Your Hickory personal injury lawyer can help you gather whatever evidence you may need to establish these elements of negligence and prove fault for your personal injury. The evidence you may require will vary based on the type of accident you experienced. For example, if you are filing suit for a car accident, traffic camera recordings and vehicle computer data could be essential to prove liability for the accident.

If anyone saw your injury happen, their witness testimony could be invaluable to your case. Your Hickory personal injury lawyer can help you obtain witness statements from anyone who saw your accident happen. They may also consult expert witnesses who can provide specific professional insights into the unique technical details of the accident that caused your injury.

Alternatively, you may need to prove that the defendant in your claim broke the law in causing your injury. In this situation, the state is likely to pursue a criminal case against them to punish them for breaking the law, while you can file your civil suit to seek compensation for your damages. It’s possible for the judge to sentence the defendant to compel them to pay restitution as an element of their punishment, but a civil claim will be necessary to ensure the fullest recovery.

If you are filing your personal injury claim in response to an injury that occurred because of a defendant’s illegal misconduct, it is vital to have an experienced attorney who can help you understand the potential implications that the criminal case from the state may have on your recovery efforts. You could receive punitive damages alongside your other claimed losses at the discretion of the court, and these cases may interact in other ways as well.

Recovering Your Economic Damages With a Personal Injury Claim

The main goal of your personal injury case is to hold the party at fault accountable for all the harm they caused and for you to recover the compensation you should receive to be as whole as possible again after suffering harm from the defendant’s negligence or illegal misconduct. While the average plaintiff may have some understanding of the various damages they might recover from a defendant, their attorney can accurately evaluate their total damages.

The damages cited in a personal injury claim are either economic or non-economic. Economic damages are more straightforward and include any direct financial losses caused by the defendant’s actions. It is important for the plaintiff to remember that they can not only claim compensation for immediately noticeable economic losses but also projected future losses. Your Hickory personal injury lawyer can help you accurately calculate all economic damages.

Most of the cases filed for personal injury in Hickory are due to injuries. If you suffered any type of physical harm because of a defendant’s behavior, they are liable for the cost of all medical treatment you will require to reach maximum medical improvement from your injuries. This may include hospital bills, ambulance transportation fees, surgical costs, and prescription medication costs.

Additionally, you will have the right to seek compensation for any future medical expenses you are likely to incur from the incident. For example, if you suffer any type of catastrophic injury, you may need ongoing in-home medical care, rehabilitation, and various other therapeutic treatments. You may also require mental health treatment. The defendant who injured you is liable for all immediate and future medical expenses arising from their actions.

Your injury may have left you unable to work while you recover. In this situation, the defendant absorbs liability for the wages you are unable to earn. This also applies to compensation for any vacation or other paid time off you were forced to use after your injury. Additionally, you will also have the right to claim compensation for any future income you are no longer able to earn if the defendant permanently disabled you.

Your Hickory personal injury lawyer can help you accurately determine the extent of future income you are no longer able to earn based on your age, how long you would have otherwise continued working, and how much income you earned prior to your injury. They will also account for future inflation and cost of living increases to determine how much you should be compensated for lost future earning capacity.

If you lost any personal property because of the defendant’s behavior, they are also responsible for compensating you for these losses. Depending on how your injury happened, you may be able to recover some of your property losses through insurance. For example, an auto insurance claim may compensate you for vehicle repair costs. However, any property damage you cannot recover through insurance can qualify as economic damages in your personal injury claim.

Compensation for Your Pain and Suffering

The non-economic damages cited in a personal injury claim pertain to the intangible losses the victim suffered from the incident. Emotional suffering, physical pain, and psychological trauma all qualify for financial compensation in a personal injury claim. However, the plaintiff must prove the extent of the harm they endured because of the defendant’s actions, and this can be difficult without an attorney’s help.

Your Hickory personal injury lawyer can help you prove the extent of your non-economic damages and assist you in determining an appropriate amount of compensation to seek from the defendant to reflect these intangible losses. There is no set formula you must use to total compensation for your pain and suffering, and there is no limit on non-economic damages in most personal injury claims in the state, with the exception of medical malpractice cases.

Your attorney may aim for a large lump sum that reflects the overall severity of your injuries. They may calculate this amount by multiplying your total economic damages by a factor of one to five. Alternatively, they may use a calculation based on your anticipated recovery time. They will determine an appropriate amount of daily compensation you should receive and then multiply this by the number of days it takes for you to fully recover.

Finalizing Your Personal Injury Case in Hickory

Your first major challenge in any personal injury case is establishing fault. Once you have accomplished this, your next task is to prove the full extent of the harm you suffered because of the defendant’s actions. Your Hickory personal injury lawyer can be an invaluable asset for these efforts, and they will also help you determine the optimal method for attempting to resolve your claim. You may be able to settle your case outside of court.

Private settlement negotiation allows the parties involved in a personal injury case to avoid the stress, expense, and time commitment that litigation requires as long as they will compromise on the outcome. During settlement negotiations, the parties meet with their respective legal representatives to talk about terms they find mutually acceptable in order to resolve the case. If they can agree, settlement may take a very short time, much shorter than if the claim goes to litigation.

Settlement requires both the plaintiff and the defendant to be willing to compromise. Either party may need to be willing to forego their optimal result for expediency, but ultimately, a settlement allows both parties to have more influence over the final outcome of the case. Ayers, Whitlow & Dressler can attempt to settle your case outside of court if possible, but we can confidently represent you through litigation if required.

How Your Hickory Personal Injury Lawyer Can Help

Your upcoming personal injury case can be daunting, but you can feel more confident about your situation when you have the right law firm representing you. Ayers, Whitlow & Dressler develops an individualized case strategy for every client we represent. We know that no two clients are exactly alike and that you have unique needs and concerns that require appropriate attention as your case unfolds.

Your personal injury case may involve more than just a civil suit. If you were hurt in a vehicle accident, filing an auto insurance claim will be your first option. If you suffered a workplace injury, filing a workers’ compensation claim can yield valuable initial compensation for your losses. In any such situation, our law firm can represent your interests before major insurance companies, ensuring you are treated fairly.

We leverage proven techniques and the extent of our experience and resources in handling every client’s case. We believe in helping each client recover as quickly as possible and will do everything we can to streamline your proceedings. You can rely on our team to help you gather evidence to prove fault, secure witness testimony, and assess the extent of the damages you are legally entitled to claim from the defendant.

FAQs

Q: How Long Do I Have to File a Personal Injury Claim in Hickory?

A: You have three years in which to file your personal injury claim in Hickory. The statute of limitations for a personal injury claim starts on the date the injury occurs, and if a claim is not filed in that time, they will not be able to claim any compensation for the injuries caused by the defendant. It is always a good idea to start building your personal injury claim as quickly as possible to make sure that you hit this deadline.

Q: Can a Defendant Go to Jail for Causing a Personal Injury in Hickory?

A: Yes, it is possible for a defendant to go to jail and face other criminal penalties for causing a personal injury in Hickory. If they broke the law in causing the injury, they face not only civil liability for damages they inflicted on the victim but also criminal prosecution from the state. Your Hickory personal injury lawyer can advise you as to how a criminal case against the defendant could impact your recovery.

Q: How Much Compensation Can I Claim for a Personal Injury in Hickory?

A: The compensation you could demand after a personal injury in Hickory will vary based on the scope and nature of the damages you experienced. The goal of your personal injury claim is to be made as whole as possible again after suffering harm from a defendant’s negligence or illegal misconduct. You may be entitled to claim compensation for several types of damages, and an experienced Hickory personal injury lawyer can estimate the value of your claim.

Q: Why Should I Hire a Hickory Personal Injury Lawyer?

A: You should hire a Hickory personal injury lawyer to ensure the highest chance of success with your impending case. While it is technically possible to win a personal injury case without an attorney, it would be exceedingly difficult for the average person. Ultimately, you have the greatest chance of not only winning your case but also maximizing your total compensation if you have an attorney representing you.

Q: What Does It Cost to Hire a Hickory Personal Injury Lawyer?

A: The cost to hire a Hickory personal injury lawyer can depend on the lawyer’s billing policy. At Ayers, Whitlow & Dressler, we accept personal injury cases with a contingency fee agreement. This means you will pay no upfront fees for our representation and will only part with a percentage of your case award as our fee if and when we win your case. You pay nothing if we are unable to secure compensation for you.

Speak with a Trustworthy Hickory Personal Injury Lawyer Today

The team at Ayers, Whitlow & Dressler can answer all your other legal questions about an impending personal injury case and provide the comprehensive support you will need to navigate the case effectively. You have a relatively short time in which to file your case, so it is important to connect with a trustworthy Hickory personal injury lawyer right away. Contact us today and schedule a free consultation with our team to learn more about how we can help you.