The phrase “personal injury” can apply to any incident in which someone is harmed by the actions of another party. A personal injury claim is a type of civil suit in which the injured party seeks compensation for their damages. If you believe you have grounds to file such a claim after you or a loved one has been harmed by another party’s actions, you should speak with a Concord personal injury lawyer right away.
An experienced accident attorney can help their client prove fault for their injury and hold the at-fault party accountable for the harm they have caused. The attorneys at Ayers, Whitlow & Dressler have years of experience representing personal injury clients in the Concord area, and we are confident that we can provide the level of legal counsel you need in order to approach your case confidently.
The state does not strictly require that you hire an attorney to represent you in a personal injury case. However, you should not assume that you can handle the case on your own or that you can achieve the same quality of results that you could expect from an experienced attorney. Handling your case by yourself while managing your injury and personal obligations would be extremely difficult and unlikely to yield a positive outcome.
When you hire an experienced Concord personal injury lawyer to represent you, trust your legal team to handle all of your proceedings on your behalf so you can focus on your recovery with peace of mind. Your attorney can help you gather all the foundational elements of your case, helping you prove fault and uncovering all the various avenues of compensation that may be available to you, including compensation you might have overlooked on your own.
Even in the most seemingly straightforward personal injury case, there is always a chance for unexpected complications to arise and interfere with your recovery efforts. When you have an experienced Concord personal injury lawyer representing you, you can approach any such issues with confidence, and your attorney can help you determine the optimal route for resolving your case as efficiently as possible.
Ultimately, hiring the right accident attorney to represent you significantly increases your chance of success with your case and the likelihood of you maximizing your total recovery. When you choose Ayers, Whitlow & Dressler to represent you, you are investing in years of experience, and a dedicated representative who can provide the guidance and support you need through all of your impending proceedings.
When you need a Concord personal injury lawyer to represent you, it is vital that you take the time necessary to evaluate the attorney’s level of experience handling cases like yours. At Ayers, Whitlow & Dressler, we have successfully helped many clients recover compensation for their damages in many types of personal injury cases, including:
No matter what type of personal injury case you want to file, it is imperative that you choose an experienced and reliable Concord personal injury lawyer to represent you if you want to have the greatest chance of success with your claim. Ayers, Whitlow & Dressler can leverage all of our skills, experience, and professional resources to help you prove liability for your damages and recover maximum compensation.
Success with any personal injury claim in the state requires proving fault. Additionally, the plaintiff must accurately identify the defendant who they believe to be responsible for inflicting their damages and prove that the defendant is entirely at fault for the incident. Any shared liability on the part of the plaintiff negates their ability to claim compensation from anyone else.
Most of the personal injury claims filed in Concord arise from negligent acts. The term “negligence” is used to describe any situation in which a party fails to meet a specific duty of care or if they fail to demonstrate reasonable care in any situation in which another reasonable party would have likely acted differently. Proving negligence in a personal injury case requires establishing four key elements:
Your Concord personal injury lawyer can assist you in gathering the evidence you will need to meet these requirements and prove negligence in your personal injury case. The type of evidence you will require will vary depending on how your personal injury happened. For example, in a car accident case, you may need traffic camera recordings, the other driver’s cell phone records, and vehicle computer data to prove exactly how the accident happened.
Alternatively, you may need to prove that the defendant caused your personal injury by breaking the law. In this situation, they face criminal prosecution along with their civil liability for your damages. The state will handle the criminal case, but the purpose of this case is to punish the defendant for breaking the law, not to compensate you for your losses. You will need to file a separate civil claim against the defendant to recover your damages.
If you are filing a personal injury claim in response to another party’s illegal misconduct, your accident attorney can advise you as to how the criminal case against the defendant could influence your recovery. For example, the sentencing judge may include restitution to the victim as part of the defendant’s penalties. In your civil case, a judge may award punitive damages to reflect the illegal nature of the defendant’s behavior that caused your injury.
After you have successfully proven fault for your personal injury, the next phase of your case will revolve around proving the full extent of the damages you suffered and recovering compensation for those damages. The average plaintiff may have some understanding of the various losses they can claim from a defendant, but many people in this situation initially undervalue their claims, not realizing the extent of compensation they can recover.
Damages in a personal injury case are typically categorized as either economic or non-economic. Economic damages include any financial losses caused by the defendant’s actions. These are generally proven with the appropriate documentation, and the plaintiff must be able to prove that they directly resulted from the defendant’s actions and not from any other cause.
Most of the cases for personal injuries filed in Concord are due to injuries. If you or a family member sustained any physical harm because of another party’s negligence or illegal misconduct, they are liable for all associated medical expenses. You can hold them accountable for all the immediate medical treatment costs arising from the accident, as well as the medical expenses you could face in the future for managing a serious injury.
Many people who suffer severe personal injuries will require ongoing treatment, which may include surgeries, physical therapy, and various other forms of rehabilitation. Some may require in-home medical care as well as mental health treatment. Your Concord personal injury lawyer can help you determine the full range of the medical expenses you can cite as economic damages in your impending case.
A plaintiff also has the right to seek compensation for income they are unable to earn because of the defendant’s actions. Similar to medical expenses, it is possible to claim compensation for lost income and lost future earning capacity. If the injury you suffered will prevent you from working in the future, the defendant is legally responsible for the future income you are no longer able to earn.
Your Concord personal injury lawyer can help you accurately calculate how much income you would have reasonably expected to earn in the future if you hadn’t been injured. This takes your age, current earning level, and how long you would have been able to continue working until retirement into account, as well as accounting for inflation and cost of living increases.
When a defendant has damaged your personal property with their behavior, they are also liable for any such damages. You may be able to recover compensation for some property losses through insurance. For example, if you were hurt in a car accident, the at-fault driver’s auto insurance policy may include coverage for property damage. However, any remainder you cannot recover through insurance can qualify as economic damages you can cite in your personal injury claim.
Non-economic damages in a personal injury claim pertain to the victim’s physical pain, psychological distress, and emotional suffering. It may sound difficult or even impossible to assign a monetary value to intangible losses like these, but your Concord personal injury lawyer can help you determine a suitable amount that reflects the overall severity of the harm you suffered.
There is no specific formula you must use to calculate pain and suffering. Your attorney may help you determine a reasonable amount based on the overall severity of your injury by multiplying your total economic damages by a factor that represents the level of harm you suffered. Alternatively, they may seek an amount based on your anticipated recovery time. The more serious your injury, the more you are likely to obtain in pain and suffering compensation.
Proving liability for your damages and showing the full extent of those damages will be crucial for resolving your personal injury case, but you also must determine how you intend to resolve the case. It’s possible to settle a civil suit for damages outside of court, but only if all the parties involved in the case are willing to negotiate. The private settlement process offers a more expedient means of resolving a personal injury case than litigation.
During settlement, the plaintiff, defendant, and their respective attorneys meet privately to discuss mutually agreeable terms for resolving the personal injury case. The plaintiff may be willing to settle for less than they expected in exchange for a faster result, and the defendant may be willing to part with more than they had initially hoped to save money on legal fees they would otherwise spend in protracted litigation.
It is important to remember that under the state’s pure contributory negligence rule, a plaintiff cannot seek compensation for their damages from a defendant if they are found to be partially liable. Therefore, it is relatively common for defendants in personal injury cases to assert contributory negligence in their defense, but the burden of proving contributory negligence will fall to them. Litigation may be necessary if contributory negligence is alleged.
Ultimately, a settlement requires both parties to be willing to compromise; otherwise, the case must be resolved in litigation before a judge and/or jury. The court will listen to arguments from both sides and consider each side’s evidence and testimony. It’s possible for neither party to feel satisfied with the outcome of a court case, so settlement is generally the preferred option for resolving personal injury cases in the state.
Your impending personal injury case can seem overwhelming, but you can approach this difficult situation with confidence if you have the right attorney handling your case. An experienced accident attorney can help you build a strong foundation for your claim, gathering all the evidence you will need to prove fault and helping you determine the optimal path through the difficult proceedings ahead of you.
The attorneys at Ayers, Whitlow & Dressler can immediately begin gathering evidence to support your case as soon as you secure our firm’s representation. We will do everything we can to streamline your proceedings, helping you reach a positive outcome as quickly as possible so you can receive the compensation you should have to recover. Trust our firm to answer your questions and provide ongoing support through every phase of your case.
We generally aim to settle personal injury cases outside of court whenever possible. Trust us to develop a strong initial complaint that encourages the defendant to seek a settlement as swiftly as possible. However, there is always a chance for litigation to be unavoidable. In this situation, you can rely on our team to represent you in the courtroom.
In every personal injury case, there is a chance that the plaintiff will face legal complications outside of the direct handling of their claim. They may need to navigate a difficult insurance claim filing process or file a workers’ compensation claim through their employer. They may also need to participate as a witness in a criminal case filed by the state against the party who caused their injury.
Whatever your case requires, Ayers, Whitlow & Dressler can be trusted to manage all aspects of your recovery. Our goal is to help you recover the maximum amount of compensation possible under state rules in the most expedient possible manner. We can leverage all of our experience and resources in our efforts to do so. Your time in which to do this is limited and you should connect with an attorney and start building your claim right away.
A: Yes, it is possible to settle a personal injury suit outside of court as long as the defendant accepts liability for the injury and both the plaintiff and the defendant are willing to negotiate. Settlement sessions typically unfold at the convenience of both parties, and they can sometimes reach mutually agreeable terms relatively quickly. However, if the case cannot be resolved through settlement, it will need to be litigated in court.
A: The total compensation you could recover for a personal injury in Concord depends on the overall severity of your losses, whether you suffered permanent harm of any kind, and the manner in which the defendant caused the injury. Your Concord personal injury lawyer can help you explore all available channels of compensation to assist you in maximizing your total case award as much as the state allows.
A: You cannot claim compensation if you were partially at fault for your personal injury, even if your shared fault is very slight. The state enforces a pure contributory negligence rule, meaning any amount of plaintiff fault will entirely bar them from recovering compensation from any other liable party. Your attorney can help you determine whether contributory negligence is any cause for concern in your impending case.
A: The statute of limitations for filing a personal injury claim in the state is three years for most cases. This time limit will begin on the date an injury occurred, but there are some factors that may pause or delay the statute under certain conditions. While three years might sound like more than enough time to file your case, the reality is that you should start building your claim as quickly as possible to ensure the greatest chance of success.
A: The cost to hire a Concord personal injury lawyer will be a percentage of your total case award if you choose Ayers, Whitlow & Dressler to represent you. Our contingency fee policy means we will only collect a percentage of whatever compensation we are able to secure for you, and only if and when we win your case. There are no upfront attorneys’ fees, and you pay nothing if we are unable to obtain a case award for you.
The attorneys at Ayers, Whitlow & Dressler have successfully helped many past clients navigate their personal injury cases with confidence, and we are ready to put this experience to work for you in your impending case. The time you have to file your claim is limited, so it is vital to start working toward your recovery right away. Contact us today to schedule your free consultation with a trustworthy Concord personal injury lawyer and learn how we can help.