When is a personal injury eligible for compensation?

On Behalf of | Aug 26, 2022 | personal injury |

An accident has the potential to change your life in an instant. You could find yourself left with financial loss, medical bills and other complications related to your accident, and you could be unsure of how to pick up the pieces and move forward. If you are suffering because of the reckless or negligent actions of another person, there may be legal options available to you by which you can seek recovery of your losses and damages.

You may be wondering what to do next after an accident in North Carolina. One of the most helpful steps will be to discover the legal options you have and determine whether your injury is eligible for compensation. This is a prudent course of action for a victim in virtually any type of personal injury incident, including car accidents, small plane crashes, dog bites and more.

The issue of negligence

One of the primary factors in establishing whether an injury is eligible for compensation is determining whether negligence played a role in the incident. Negligence is a term used to describe any type of careless or reckless action that results in harm to someone else. In order to determine if your injury is eligible for compensation, you will need to present evidence of one or more of the following elements:

  • There was a specific duty owed to the plaintiff.
  • The defendant breached the duty owed to the plaintiff.
  • That breach of duty resulted in harm to the plaintiff.
  • But for the actions of the defendant, the plaintiff would not be suffering.
  • There is evidence linking the negligent actions with the injury.
  • The victim is suffering due to different types of damages, such as emotional duress.

While you may believe that there is proof that the negligence of another person resulted in your accident, it can be difficult to validate these claims and put together a strong case. You do not have to navigate the civil justice system alone.

Your rights and interests

After an accident, you will benefit from taking immediate action to shield your interests and fight for the best possible outcome to your case. If you believe that you are the victim of the negligent actions of another person, your injury may be eligible for compensation. An assessment of your case will help you understand what options are available to you and which course of action is most appropriate for your individual situation.