Gastonia, NC Personal Injury Lawyer
Injuries can happen in a matter of minutes or when you expect it the least. It just takes someone else’s oversight or carelessness in Gastonia, NC, for you to end up experiencing the most agonizing and frightening injuries of your life. Whether you were driving through the roads of Gaston County, being cared for at CaroMont Regional Medical Center, or shopping at Eastridge Mall, you need an experienced personal injury attorney who can help you obtain compensation for any injuries you might suffer.
If you or someone you know suffered personal injuries due to someone else’s negligence, contact the law office of Dewey, Ramsay & Hunt, P.A., for proactive and aggressive legal representation. Our reputation for relentless determination is well-earned; we fight to uphold our clients’ rights and obtain the maximum compensation for their injuries.
Call (704) 490-4023 to schedule a free consultation today.
Suing for Personal Injuries in North Carolina
If you are injured in North Carolina, you need a skilled personal injury
attorney who will fight for your rights. North Carolina is one of a handful
of states that address where defendants can raise the legal concept of
contributory negligence as an affirmative defense in order to avoid liability.
An affirmative defense as a matter of law provides civil defendants with
a way to avoid legal responsibility.
The defendant seeking to establish contributory negligence must show:
- A lack of reasonable care by the party initiating the lawsuit, or plaintiff
- A causal connection between the plaintiff’s actions and the injuries
Your attorney can explain at greater length the exceptions to this rule, should any apply to your circumstances. With the help of an experienced attorney, you can get a clear idea as to how the law applies in your case. You want an attorney who understands these rules and will challenge any underhanded attempts to bring this defense in contravention to North Carolina law. For example, this question is typically presented to the jury in the form of jury instructions. There are rules to including this information that a lawyer understands well.
Statute of Limitations on Injury Claims in Gastonia, North Carolina
A statute of limitations, also known as a law of repose, is a time limitation for filing a lawsuit. North Carolina imposes a three-year statute of limitations to file a civil lawsuit for negligence. The three years begin to run on the date when you suffer the injury, and you must file your action in Gaston County civil courts within this period.
North Carolina’s Negligence Laws
Negligence is a type of tort that relates to the acts or omissions when someone causes harm or losses to others. Tort law is different from most laws in the sense that the basis is on common law as opposed to statutes alone. Common law is the precedent-setting standard of law every state applies to legal concepts in general.
North Carolina courts review tort cases based on three elements:
- Duty to act prudently under the circumstances
- Breach of that duty in such a way that causes harm
- Cause of harm or injury due to breach of duty
Each of these elements can be explained in greater length by an experienced North Carolina attorney. For example, causation is usually highly contested because defendants will try to avoid liability by pointing to other causes such as medical conditions and other factors for the injuries. In North Carolina, this is especially important because causation is an element in establishing contributory negligence.
Like most states, North Carolina allows experts to provide “scientific, technical, and other specialized knowledge” considered helpful in reaching opinions and inferences regarding what caused the injuries. The testimony must comply with the following rules:
- It must be based on facts and data.
- The testimony must be based on reliable principles and methods.
- The expert applies principles and methods reliably on the facts of the case.
With our decades of experience, we understand when an expert is qualified and will give reliable testimony. There are instances when defendants bring experts who are biased towards one point of view and will steer the jury in the wrong direction.
Types of Personal Injury Cases We Handle in Gastonia, NC
- Brain injuries
- Slips and falls
- Spinal cord injuries
- Premises liability
- Wrongful death
- Motor vehicle accidents (including cars, buses, trucks and motorcycles)
To discuss the details of the case in a free consultation, contact us at (704) 490-4023.