NC Injury claims: Do I have a good case?
“Do I have a good case?”
This is one of the questions I am most frequently asked.
At the beginning of my discussion with an accident victim, I am often not informed enough to intelligently answer this question. But I get it; people want to be reassured at a time when things aren’t really going their way. They want to hear that things are going to get better. So how do they know if they have a good case?
Of course, I’m a lawyer, and I am professionally forbidden to give easy, unequivocal answers.
It depends on what you mean by a “good case.”
There’s a great saying in injury law: “It’s better to have your health than a good case.” That means a “good case” is one that is of high value. No one really wants that, because that means you have to be really, really messed up. You don’t want that, and I don’t want that for you.
But if by “good case” you mean, “Am I going to be able to get my expenses reimbursed?” then that’s a different answer.
What makes a plausible injury claim in North Carolina is, generally, clear evidence of duty, breach, causation, and damages.
In auto accident law, everyone has a duty to drive in a way that a reasonably prudent person would in the same or similar circumstances.
They breach that duty when they drive unreasonably. That can be not paying attention, driving too fast, running a red light, passing in a no passing zone, or lots of other things.
If that breach causes a victim to sustain damages, then you have an actionable claim.
Now, that might mean you have a good argument, but your case value/recovery will hinge on several other factors, most importantly insurance coverage, but there are other things…
To make a long story endless, to have a “good case” you need to show that someone messed up where they shouldn’t have and that it hurt you. That will go a long way toward getting you an actionable claim. But that’s not the full investigation. This is reason number 432 why, when you’re injured, you should talk to a lawyer.
Call me at 919-929-2992.