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How to Prove Liability in Catastrophic Injury Cases in North Carolina

Catastrophic injuries can be devastating. Injuries that have life-altering consequences, such as permanent disability or significant physical and cognitive impairment, require careful legal handling to ensure that victims receive the compensation they need for lifelong care and recovery. A key aspect of pursuing a claim for a catastrophic injury in North Carolina is proving liability. This process involves demonstrating who is legally responsible for the injury and holding them accountable. Here’s a breakdown of how liability is established in these complex cases.

Understanding the Elements of Negligence

In most catastrophic injury cases, the foundation of proving liability is demonstrating negligence. To do this, you must establish the following four elements:

Gathering and Preserving Evidence

Evidence is crucial to prove liability in catastrophic injury cases. This includes:

Proving Causation in Catastrophic Injury Cases

Causation is often challenging to prove in catastrophic injury cases. You must demonstrate that the defendant’s actions were a proximate cause of the injury. This can be complicated, especially in cases involving multiple parties or pre-existing conditions. For example, a superseding factor (an action that occurs between the initial act of negligence and the resulting negligence) may impact causation. Further, foreseeability (whether the injury was a reasonably foreseeable result of the defendant’s negligent actions) may also impact causation.

Addressing Contributory Negligence

North Carolina follows the rule of contributory negligence, which means that if the injured party is found to be even slightly at fault for the accident, they may be barred from recovering any compensation. This rule makes it essential to build a strong case demonstrating that the injured party is not even 1% at fault. It is important to anticipate any counterclaims or affirmative defenses arguing that the victim somehow contributed to their own injuries.

Conclusion

Proving liability in catastrophic injury cases in North Carolina can be complex. However, with the right legal strategy and thorough evidence, it’s possible to hold the responsible party accountable and secure the compensation needed for a lifetime of care. Ward and Smith is here to guide you through this challenging process. Contact us today to discuss your case and explore your options for seeking justice and compensation.

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