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What is the Burden of Proof When Filing a Personal Injury Claim in North Carolina?  

June 7, 2024

At Dewey, Ramsay & Hunt, P.A., our Charlotte personal injury lawyers know that when filing a claim in North Carolina, the burden of proof lies with the plaintiff, the person bringing the claim.

The plaintiff must prove that the defendant, the person or entity being sued, is legally responsible for the injuries. Here, we discuss the key elements that can help build your claim.

Personal Injury Claim

Four Critical Elements to Help Build Your Personal Injury Claim for Success

Our personal injury attorneys in Charlotte outline four elements to ensure our clients’ claims will meet the legal threshold to move forward.

They include:

  • Duty of Care

The plaintiff must demonstrate that the defendant owed the plaintiff a legal duty of care. This duty varies depending on the circumstances, such as a driver’s duty to operate their vehicle safely or a property owner’s duty to maintain safe premises.

  • Breach of Duty

The plaintiff must show that the defendant breached this duty of care. This involves proving that the defendant acted or failed to act like a reasonably prudent person would under similar circumstances. Sharing the Duty of Care example, this may include reckless driving or failing to repair hazardous conditions on the property.

  • Causation

The plaintiff must establish a direct link between the defendant’s breach of duty and the injuries sustained. That may include showing that the injury would not have occurred “but for” the defendant’s actions or inaction or demonstrating that the injuries were a foreseeable result of the defendant’s breach of duty.

  • Damages

The plaintiff must provide evidence of actual damages suffered due to the injury. This can include medical expenses, lost wages, pain and suffering, emotional distress, and other compensable losses.

What Evidence is Needed to Meet the Burden of Proof in a North Carolina Personal Injury Claim?

To meet the burden of proof, the plaintiff must gather and present various types of evidence, including but not limited to:

  • Medical Records: Documentation of injuries, treatments, and medical bills.
  • Witness Testimony: Statements from people who witnessed the incident or can provide relevant information.
  • Expert Testimony: Insights from medical professionals, accident reconstruction experts, or other specialists who can explain technical aspects of the case.
  • Photographs and Videos: Visual evidence of the scene, injuries, and damages.
  • Police Reports: Official documentation of the incident, especially in car accidents or criminal activity cases.
  • Employment Records: Proof of lost wages or diminished earning capacity.

If you were injured in a vehicle collision, slip-and-fall accident, or another incident caused by negligence in North Carolina, our personal injury attorneys in Charlotte at Dewey, Ramsay & Hunt want to hear your story during a free consultation. Call (704)-377-3737 or contact us online.

We provide unique legal services tailored to each client’s needs and do not get paid unless you do.

Your Injury, Our Fight. How can we help you take a stand?

Because every case is different, the description of awards and issues previously managed by our law firm does not guarantee a similar outcome in current or future cases.