Charlotte Personal Injury

Helping Injured Clients for More than 50 years

At Brown Moore & Associates, PLLC, our team of personal injury attorneys has more than 50 years of combined experience pursuing maximum compensation for accident victims and families with wrongful death claims in Charlotte, NC, and its surrounding areas. We will apply our years of experience and legal skills to help you obtain a full recovery from a personal injury claim, which could include any of the below claims:

• Traumatic Brain Injuries (TBI). A traumatic brain injury occurs when a blow or jolt to the head disrupts normal brain function. TBIs can cause symptoms such as memory loss, headaches, cognitive difficulties, and changes in mood or behavior. Severe cases may require long-term neurological care and rehabilitation.
• Spinal Cord Injuries (SCI). Damage to the spinal cord can interfere with the body’s ability to transmit signals between the brain and the rest of the body. In serious cases, spinal cord injuries may result in partial or complete paralysis.
• Burn Injuries. Burns can occur in fires, electrical accidents, vehicle crashes, and workplace incidents. Severe burns may require skin grafts, surgeries, and extensive medical care to prevent infection and manage long-term complications.
• Nerve Damage. Nerve injuries can affect movement, sensation, and muscle control. Depending on the severity of the damage, victims may experience chronic pain, numbness, weakness, or loss of function in the affected area.
• Organ Damage and Internal Injuries. Blunt force trauma can cause damage to internal organs such as the lungs, liver, kidneys, or spleen. Internal injuries may not always be immediately visible but can create life-threatening complications that require emergency medical treatment.
• Limb Loss or Amputation. Severe accidents may result in the loss of a limb or the need for surgical amputation. These injuries often require multiple surgeries, prosthetic devices, and long-term rehabilitation.
• Broken Bones and Fractures. Motor vehicle accidents, fall accidents, and other traumatic events frequently cause fractures. Some broken bones heal with time and treatment, while complex fractures may require surgery, implanted hardware, and extended physical therapy.
• Paralysis. Paralysis can occur when damage to the brain, nerves, or muscles prevents voluntary movement. Depending on the injury, a person may experience partial paralysis affecting certain parts of the body or complete loss of movement.
• Soft Tissue Injuries. Damage to muscles, tendons, and ligaments can cause significant pain and reduced mobility. Soft tissue injuries often require medical care, physical therapy, and time for recovery.
• Wrongful Death. In the most severe personal injury accidents, injuries may prove fatal. When a person dies because of another party’s actions or failure to act responsibly, surviving family members may pursue a wrongful death claim under the law.

Common Causes of Personal Injury Cases in Charlotte

Accidents can occur in many different situations, but most involve unsafe behavior, dangerous conditions, or negligent actions by another person or organization. Identifying the cause of the accident is an important step in determining liability and pursuing fair compensation.

• Motor Vehicle Accidents. Car accidents, motorcycle accidents, and other motor vehicle collisions are one of the most common causes of personal injury cases. These accidents often involve negligent drivers, distracted driving, speeding, or impaired driving.
• Commercial Truck Accidents. Crashes involving large commercial trucks can cause severe injuries because of the size and weight of these vehicles. Truck accident cases may involve multiple responsible parties, including drivers, trucking companies, or maintenance providers.
• Accidents Involving Government-Owned Vehicles. Some accidents involve vehicles operated by government employees, such as city buses, public transportation vehicles, or municipal service vehicles. These claims may involve specific legal procedures and filing requirements under North Carolina law.
• Medical Malpractice. Medical negligence occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care. Errors in diagnosis, treatment, medication, or surgical procedures can cause serious harm to patients.
• Birth Injuries. Birth injuries can occur during pregnancy, labor, or delivery when medical professionals fail to properly monitor or respond to complications. These injuries may affect both the child and the mother and can lead to long-term medical needs.
• Dangerous Properties. Property owners have a responsibility to maintain reasonably safe conditions for visitors. Slip and fall incidents, unsafe walkways, poor lighting, or other hazardous conditions can lead to premises liability claims.
• Defective Products. Consumers may suffer injuries when products are defectively designed, improperly manufactured, or sold without adequate warnings. Product liability cases may involve manufacturers, distributors, or retailers.
• Aviation and Boating Accidents. Accidents involving aircraft or watercraft can cause severe injuries or fatalities. These cases often involve complex investigations and may include multiple responsible parties.
• Accidents Involving Children and Adolescents. Children may suffer injuries in a variety of situations, including school incidents, recreational activities, or unsafe property conditions. These cases often require careful evaluation of supervision and safety practices.
• Workplace Injuries. Workplace injuries can occur in construction sites, warehouses, industrial facilities, and other job environments. Some cases may involve workers’ compensation claims, while others may involve third-party liability.

Proof of Negligence in Charlotte, NC

There are five elements of negligence that are required to establish liability:

1. Duty of Care: It must be shown by the plaintiff that the defendant owed a duty of care to either commit an act or refrain from committing an act. For example, a grocery store owes a duty of care to keep the premises safe and warn customers of any potential hazards.
2. Breach of Duty: It must be shown that the defendant breached its duty of care. For example, if a floor was wet at the grocery store, particularly in a location of the store where one would not expect a wet floor (e.g., the cards and magazine aisle as opposed to the fresh groceries section), and if no sign was provided to warn customers that the floor was wet, the store owner breached its duty of care.
3. Causation: It must be shown by the plaintiff that the defendant’s breach of its duty caused the injury. For example, the floor of the card and magazine aisle in the grocery store was recently mopped, but no sign was placed on the floor to indicate it was wet. You want to browse the magazines, but as you walk down the aisle, you slip and fall, and subsequently, you sprained your ankle. The sprained ankle is proximately caused by the wet floor.
4. Injury: The plaintiff must prove that he or she actually suffered an injury. For example, if you are in the grocery store in the aisle of cards and magazines, and you slip and fall, but then you get right back up and continue shopping as if nothing happened, the elements of negligence are not fulfilled. However, if you suffer an injury, for instance, you strike your head on the ground and suffer a mild concussion, then you can prove the fall due to the wet floor caused your injury, therefore, you should be able to recover for damages (especially through no fault of your own did you slip and fall).
5. Damages: The plaintiff must prove she or he suffered actual damages, such as lost wages, medical bills, pain, and suffering. If you are injured (e.g., a bruise) but do not suffer any real damages, then you do not have a claim for negligence that is likely to be successful when filed with an insurance company or litigated before a judge and jury. There must be actual damages that stem from the injury caused purely by the negligence of another person or entity.

How North Carolina’s Contributory Negligence Doctrine Makes Things Harder for Victims

North Carolina is one of four states plus the District of Columbia that recognizes and applies pure contributory negligence. This old doctrine provides that if the plaintiff’s negligence contributed to cause his/her injury , then the plaintiff shall not recover compensation. In effect, the doctrine is a defense for the at-fault party responsible for your injury. Because of this doctrine, insurance companies and other potential defendants will use anything to claim or suggest that you, the injured party, contributed to your injury. They are trained, and they are aggressive. You need an experienced attorney who can be just as aggressive with them while being compassionate towards you.

The pure contributory negligence doctrine seems unfair, especially because it neither considers the long-term trauma and medical bills of life-altering injuries like paralyses or TBI, nor how little at fault the injured party was. This fact alone is reason enough to consult with an injury attorney in Charlotte, NC if you have been injured due to the negligence of another person or entity. The stakes are high, but your pain and suffering may be even more so.

Personal Injury Claims in Charlotte, NC

Most of the time claims are settled out of the court system, but sometimes victims find themselves testifying before a judge and jury. Knowing the process will help relieve fears, but only a qualified personal injury lawyer can help you understand what the best direction for your case is.

Filing a Personal Injury Claim

If an experienced personal injury lawyer finds you have a negligence case, the first step to recovery of compensation is likely a claim and not a lawsuit. Depending on the nature of the injury, you will file a personal injury claim with an insurance company. Essential and central to the claims process is your demand package. This demand package can be crucial to the success of your claim and the amount of money you are offered. A full investigation into the accident is necessary as well as complete medical records and any other documentation that supports your claim. Generally speaking, there are certain elements that any good demand package must-have, and they include:

• Description of the Accident: The package will start with a detailed description of what happened, with a focus on liability, including the elements of negligence above listed. It should have supporting documentation of any proof or evidence, including witness statements that corroborate your story.
• Description of Property Damage, Injuries, and Treatment: The package will provide a section that outlines the damages you suffered. Property damage may be listed in detail. It should also provide a detailed account of the serious injuries and losses that resulted from the accident. These injuries may include any combination of physical, psychological, and emotional injuries, and the treatment you received for any and all of them. It should have supporting documentation of any and all injuries and any and all treatment undertaken to remedy those injuries.
• Breakdown of Damages: Economic & Non-Economic: The demand package will provide a breakdown of all medical expenses, loss of income, loss of capacity to earn, pain and suffering, loss of enjoyment, and any other damage you incurred as a result of the negligence of the person or entity. It can include billing statements, receipts, or other information in order to verify your economic damages.

The demand package must be complete, persuasive, and concise with a focus on the injuries and facts as much as applicable law and legal analysis. Insurers frequently take into account whether an individual is unrepresented when providing offers, and if an individual is represented insurers routinely take into account the willingness and reputation of the attorney to take a case to trial. A personal injury lawyer in Charlotte, like those at Brown Moore & Associates, can help you with maximizing the amount which can be recovered on a personal injury claim.

Filing a Personal Injury Lawsuit in Charlotte

Most personal injury cases – more than 90% – are settled outside of court, but when the demand package does not result in the desired outcome and the insurance company either (1) fails to offer a reasonable amount in settlement; or (2) denies the claim altogether, the case may very well go to court. Your personal injury lawyer will discuss with you what your best options are.

Where you must file your personal injury lawsuit is also another reason why you want an experienced attorney on your side. The court to file a lawsuit is determined in large part by the amount of the demand. For personal injury cases in North Carolina, if you are seeking less than $25,000 in damages, you will file your personal injury complaint in the District Court in either the county in which either you or the at-fault party lives. Lawsuits seeking damages of more than $25,000 will be filed in the Superior Court of the county in which you live or the at-fault party lives.

The lawsuit begins when a complaint is filed with the appropriate court and served on the defendant(s). The defendant(s), whether a person or entity, has 30 days after the complaint is served to file a response. At the same time, it should be mentioned, the defendant(s) has the option to file either or both (1) a countersuit if it believes the plaintiff harmed the defendant in any way; or (2) a cross-claim if it contends another party is responsible for the cause of the injury suffered.

In your personal injury lawsuit, you can seek compensation for economic damages for “reasonable and necessary” medical expenses, lost wages, compensation for damaged property, and the like. You can also request compensation for non-economic damages for emotional distress, pain and suffering, loss of enjoyment, and loss of consortium. There is a cap for non-economic damages if your lawsuit involves medical malpractice. In limited cases, you may be eligible to request punitive damages if the negligence was egregious or the judge and jury determine the defendant should be “punished.” Punitive damages are also capped at either three times the compensation or $250,000, whichever is greater, except in cases of intoxicated driving.

The Timing of a Personal Injury Lawsuit in Charlotte, NC

Timing is everything. Collection of evidence must be undertaken sooner as opposed to later or else risk it disappearing altogether. As such and if necessary given the circumstances of the individual case, a timely investigation may be appropriate.

The same also includes the time period to seek compensation in a claim or file a lawsuit. In North Carolina, however, victims of personal injury tend to have a longer period of time before the statute of limitations expires and a claim can no longer be filed. Most states allow one or two years, but in North Carolina, you have three years from the time of the accident or the time you discovered the injury (in medical malpractice cases) in order to file a claim or lawsuit. For wrongful death claims, however, please note that any lawsuit must be filed within two (2) years of the date of death. Whether you are dealing with the three (3) year personal injury statute of limitations, or the two (2) year wrongful death statute of limitations, time goes by fast, especially when you are suffering and do not feel like doing anything else. You may think that there is tomorrow, but eventually, the time you have to file a claim will come to an end. The best thing to do is find and hire an experienced personal injury attorney immediately after you suffer the injury.

Evidence Used in Injury Claims

One of the most critical components of your lawsuit is evidence — evidence that shows how the accident happened and who the at-fault party may be. Gathering evidence in a timely manner helps preserve important details and prevents information from being lost or disputed later.

Our law firm routinely gathers evidence such as:

• Accident reports documenting when and where the incident occurred.
• Photographs or video showing the accident scene, property conditions, vehicle damage and relevant injuries.
• Witness statements describing how the accident happened, as well as witness statements describing the impact of the injuries on our clients’ lives.
• Surveillance footage that may capture the incident or surrounding conditions.
• Medical documentation of injuries, treatment, and ongoing medical care.

Insurance adjusters carefully review this information, too. They are looking for weaknesses that will allow them to deny or limit the compensation you are entitled to receive. Strong documentation can help establish liability, support the value of the claim, and demonstrate why the injured person may seek compensation from the responsible party. Legal representation can help ensure that important evidence is collected and preserved.

Why Hire a Charlotte Personal Injury Lawyer?

Insurance companies may attempt to limit payouts, but injured victims have the right to seek fair compensation for their damages. At Brown Moore & Associates, PLLC, our personal injury attorneys evaluate the circumstances behind the accident to determine if our client has a valid personal injury claim. We offer a hands-on approach to personal injury victims. When our personal injury lawyers evaluate your case, they will focus on several key aspects, including the following:

• Circumstances of the accident
• The extent of your injuries
• Long-term needs, including medical treatment, personal care, and accommodations for any disabilities
• Liability: Determining who was negligent and
• Insurance issues: Identifying the financial resources available to you

Our personal injury attorneys believe their job is to provide comprehensive services during a time of uncertainty. We are committed to helping accident victims hold a responsible party accountable while seeking maximum compensation for their ongoing medical needs, lost wages, pain, and suffering, and other damages associated with the accident. Our experienced personal injury lawyers will also help clients understand how they can get their medical bills covered following an accident in Charlotte, NC. Our legal team provides practical advice encouraging you to follow your doctors’ orders. We want to help you get better and mitigate your losses.

How Much Will It Cost to Hire Your Law Firm?

Brown Moore & Associates handles all cases on a contingency fee basis. This means our legal fee is paid from a portion of the financial recovery obtained through a settlement or court award. This contingency arrangement allows Charlotte personal injury victims to pursue legal representation without paying upfront costs while they are dealing with medical bills, lost wages, and other expenses after an accident. During an initial free consultation, we can explain how contingency fees work and answer questions about potential costs associated with pursuing a claim.

How Long Will My Personal Injury Case Last?

In other words, how long does it take to get compensated for suffering an injury in Charlotte or elsewhere in North Carolina? Unfortunately, there is no hard and fast rule regarding how long it should take to resolve a typical personal injury claim in North Carolina, though there are many factors that impact the length of the legal process.

Our Charlotte personal injury attorney has outlined these factors as follows:

• Is the other party, whose negligence or carelessness is said to have caused your injury, admitting his or her fault?
• Do you have an accurate and final estimate of how much your North Carolina personal injury case is worth?
• Does your injury require surgeries, extensive treatment, or other complicated medical procedures?
• Have you finished your medical treatment, or will your injury require long-term treatment for years or decades to come?
• Is the other party’s insurance company willing to settle your claim for the amount that your Charlotte personal injury attorney has determined to be fair?

The above questions need to be answered to understand how long it will take to settle your personal injury case in North Carolina or whether you will have to go to trial. The average personal injury claim involving a minor injury in North Carolina takes anywhere from 12 to 18 months, though being represented by a personal injury lawyer in Charlotte or elsewhere in the state can expedite the legal process.

Do I Have to Obtain My Own Medical Records?

When handling a personal injury claim, you do not have to worry about getting your medical documentation and gathering other kinds of documentation if you are represented by a Charlotte personal injury lawyer from Brown Moore & Associates, PLLC.

If you do not have a legal professional by your side, on the other hand, you will be required to get your own records and collect other documentation and evidence. However, doing so would be ill-advised when recovering from an injury because going places and suffering from additional stress could have a detrimental effect on your physical recovery.

Should I Consider Mediation in My Injury Case?

We have mediation in personal injury cases in North Carolina for a reason. In fact, mediation, which is a form of alternative dispute resolution, is mandatory under our state law because it gives the parties the final opportunity to resolve their case before going to trial. Also, mediation increases the efficiency of our court system because it takes a certain amount of burden off it.

Contact a Personal Injury Lawyer in Charlotte, North Carolina today at Brown Moore & Associates, PLLC

Taking proactive measures can help you improve physically and psychologically. At the same time, you will be sending a strong message to insurance claims adjusters, judges, and juries that you are making every effort to recover. Contact our law firm today to discuss the possibility of a free initial consultation with a highly skilled attorney to discuss your personal injury accident.

As if all the pain and suffering caused by your injury was not enough, you also have to worry about the accumulation of medical bills, the number of days you had to miss from work, the sum of money you could have earned had you not been injured and trying to figure out the complicated insurance policies and legal procedures. We want you to receive fair compensation for your losses, so that you do not have to worry about what the future will bring.

Yes, when you are not represented by a Charlotte personal injury attorney from Brown Moore & Associates, PLLC, trying to get compensated for your injury can feel like an uphill battle. Fear not, we are here to help you. We are here to fight for your financial compensation and recovery.

We realize that post-injury medical expenses can deplete your savings in no time and cause frustration, anxiety, and emotional distress, among many other unpleasant things. We work on a contingency fee basis and can help you pursue compensation that you need and deserve.

Get a case evaluation for free by contacting our skilled personal injury lawyers in North Carolina. Do not hesitate to call Brown Moore & Associates, PLLC, at 704-335-1500.