If you have a dispute with another party or company, there often comes a point when the talk is over, and the dispute must be decided in court. When this happens, you need someone on your side that is equipped to intelligently litigate your case and has the skill and experience to take your case to trial. Sometimes, a trial of a judge or a jury is the only way to protect your interests. Depending on the case, sometimes a bench trial is more favorable than a jury trial.
If you have suffered injury or harm because of the irresponsible or negligent behavior of another party, you may be entitled to compensation and damages for your past and future medical expenses, past and future loss of income, wages and benefits, damage to your property, impairment to earn money, loss of household services, disfigurement, damages for loss of consortium with a loved one, pain and suffering, and other damages if supported by evidence. North Carolina law only allows the imposition of punitive damages in select cases.
The office manages all forms of personal injury cases, including car accidents, premises liability, dog bites, and wrongful death to name a few.
In North Carolina, parties that have been injured or disadvantaged have available to them common law claims, statutory claims, and constitutional claims for wrongdoing. Similarly, when parties assert claims these claims are subject to certain defenses that may be grounded in statute or in common law. Our office is familiar with such claims and defenses in North Carolina and can advise you as to the best path to follow when faced with a lawsuit or advocate for you when you desire to file a lawsuit.
In general, when a party sues another party for damages the Plaintiff needs to establish and have present three things. The Plaintiff must establish liability. The Plaintiff must establish damages. Lastly, the Plaintiff must have access to an insured Defendant or a solvent Defendant. All three of these are of equal importance. A party responsible for wrongdoing does not always have the means to pay and so it is of utmost importance to ascertain the ability of the Defendant to pay and to determine what type of insurance coverage applies so that in the event the Plaintiff prevails the Plaintiff can recover. Parties often immunize themselves from liability by transferring assets or filing for bankruptcy relief under Title 11.