Personal Injury Lawyer Raleigh NC

Understanding Negligence

Negligence is a core term in personal injury law that refers to failing to exercise the care that a reasonably reasonable person would take in identical circumstances. This failure must directly cause injury to another person. To establish negligence in a legal environment, four main aspects must be demonstrated: duty of care, breach of duty, causation, and damages.

1. Duty of Care

Duty of care refers to the legal obligation one person has to avoid causing harm to another. This duty varies depending on the relationship between the parties and the context of the situation. For example, drivers have a duty to follow traffic laws to prevent accidents, doctors have a duty to provide a standard level of medical care, and property owners have a duty to maintain a safe environment for visitors.

2. Breach of Duty

Breach of duty occurs when a person fails to meet their duty of care. This can happen through actions (such as reckless driving) or omissions (such as failing to fix a broken step). The breach must be something that a reasonable person in the same situation would recognize as likely to cause harm. Proving a breach involves showing that the defendant’s behavior was not what a reasonable person would do under similar circumstances.

3. Causation

Causation is the link between the breach of duty and the injury sustained by the plaintiff. There are two types of causation that must be established:

• Actual Cause (Cause in Fact): This means that the injury would not have occurred “but for” the defendant’s actions. In other words, the breach of duty directly caused the injury.
• Proximate Cause (Legal Cause): This focuses on whether the injury was a foreseeable result of the defendant’s actions. Even if there is a direct link, the injury must be a natural and probable consequence of the breach for the defendant to be held liable.

4. Damages

Damages refer to the actual harm or loss suffered by the plaintiff. Without damages, there is no basis for a negligence claim, even if the other elements are present. Damages can be:

• Economic: These include tangible losses such as medical expenses, lost wages, and property damage.
• Non-Economic: These include invisible losses, such as pain and suffering, emotional discomfort, and loss of enjoyment of life.
• Punitive: Punitive damages may be given in circumstances of grave carelessness or intentional wrongdoing in order to punish the defendant and deter future behavior.

Examples of Negligence

Understanding negligence can be further clarified through examples:

• Car Accidents: A driver runs a red light and causes a collision, injuring another driver. The duty of care is to follow traffic signals, the breach is running the red light, the causation is the collision, and the damages are the injuries and property damage.
• Medical Malpractice: A doctor misdiagnoses a patient, leading to improper treatment and further harm. The duty of care is to provide competent medical care, the breach is the misdiagnosis, the causation is the improper treatment, and the damages are the additional harm and medical expenses.
• Slip and Fall: A store owner fails to clean up a spill, resulting in a customer slipping and getting injured. The duty of care is to maintain a safe environment, the breach is the failure to clean the spill, the causation is the slip, and the damages are the injuries sustained by the customer.

Legal Process for Proving Negligence

To successfully prove negligence in court, the plaintiff (the injured party) must present evidence for each of the four elements:

1. Duty of Care: Establishing the defendant owed a duty to the plaintiff.
2. Breach of Duty: Demonstrating the defendant failed to meet that duty.
3. Causation: Showing the breach caused the plaintiff’s injury.
4. Damages: Providing proof of the harm or losses suffered.

Understanding negligence is crucial for anyone involved in a personal injury case. It involves proving that someone had a duty to act responsibly, failed to do so, and caused harm as a result. By comprehensively proving each element of negligence, an injured party can seek compensation for their losses and hold the responsible party accountable.

Choosing the right personal injury lawyer is a critical step toward ensuring you receive the compensation and justice you deserve after an injury. At Constantinou & Burkert Accident Injury Lawyers, we offer a range of benefits that can significantly impact the outcome of your case. Here’s why consulting our team is the best decision you can make:

1. Experience and Expertise

Our lawyers have extensive experience handling a variety of personal injury cases in Wake County and across North Carolina. This includes car accidents, slip and fall incidents, dog bites, brain injuries, medical malpractice, workplace injuries, and wrongful death claims. Our deep understanding of North Carolina personal injury law allows us to navigate the legal system efficiently and effectively on behalf of our clients.

• Track Record: We have a proven track record of successful settlements and verdicts, demonstrating our ability to secure favorable outcomes for injury victims.
• Specialized Knowledge: Our team is knowledgeable in specific practice areas, ensuring that every aspect of your case is handled with the utmost expertise.

2. Personalized Attention and Compassionate Service

We understand that each client’s situation is unique, and we are committed to providing personalized attention to every case. Our lawyers take the time to understand your specific needs, circumstances, and goals.

• Client-Centered Approach: We prioritize our clients’ well-being and strive to alleviate the burden of legal proceedings, allowing you to focus on your recovery.
• Empathy and Support: We offer compassionate support, understanding the emotional and physical toll that an injury can take on you and your loved ones.

3. Comprehensive Legal Services

Our firm offers a full range of legal services to support you through every stage of your personal injury claim. From initial consultation to final settlement or trial, we handle all aspects of your case.

• Free Consultation: We provide a free initial consultation to discuss your case, evaluate your options, and determine the best course of action.
• Thorough Investigation: Our team conducts a comprehensive investigation to gather evidence, interview witnesses, and build a strong case. We leave nothing to chance.
• Negotiation and Settlement: We negotiate with the insurance company to ensure you receive a fair settlement. If a settlement cannot be reached, we are prepared to take your case to court.
• Courtroom Representation: Our experienced trial lawyers will represent you in the courtroom, advocating passionately on your behalf to achieve the best possible outcome.

4. Strong Reputation and Positive Testimonials

Constantinou & Burkert Accident Injury Lawyers have built a strong reputation in Raleigh, NC, and beyond, based on our commitment to excellence and client satisfaction.

• Testimonials and Reviews: Positive testimonials from past clients highlight our dedication, professionalism, and ability to achieve significant results.
• Community Trust: We are trusted by the community for our ethical practices, legal expertise, and successful track record.

5. Resources and Team Support

Our firm is equipped with the resources necessary to handle even the most complex personal injury cases. We have a dedicated team of legal professionals, including paralegals and support staff, to assist with every aspect of your case.

• Comprehensive Support: Our team works collaboratively to ensure that no detail is overlooked and that your case is handled efficiently.
• Access to Experts: We have access to a network of experts, including medical professionals, accident reconstruction specialists, and economists, to strengthen your case.

6. Commitment to Maximizing Compensation

Our primary goal is to ensure you receive the maximum compensation possible for your injuries and losses. This includes compensation for medical expenses, lost income, pain and suffering, property damage, and any other related costs.

• Aggressive Advocacy: We aggressively pursue all avenues of compensation, holding the responsible parties accountable for their actions.
• Tailored Strategies: We develop tailored legal strategies to meet the specific needs of your case, increasing the likelihood of a successful outcome.

7. Navigating the Statute of Limitations

It is crucial to be aware of the statute of limitations in North Carolina for personal injury claims. Our lawyers will ensure all necessary paperwork is filed promptly and within the required time limits, so you don’t miss your chance to seek compensation.

8. Dealing with Different Types of Cases

We handle a wide range of personal injury cases, including:

• Vehicle Accidents: Cars, trucks, motorcycles, and bicycles.
• Workplace Injuries: Ensuring workers’ compensation claims are properly filed.
• Product Liability: Defective products causing harm to consumers.
• Dog Bites: Ensuring victims receive appropriate compensation.
• Brain Injuries: Addressing complex medical and legal issues for brain injury victims.
• Wrongful Death: Supporting families who have lost a loved one due to negligence.

Consulting our personal injury lawyers at Constantinou & Burkert Accident Injury Lawyers in Raleigh, NC, provides you with the experience, expertise, and dedicated support needed to navigate the complexities of personal injury law. Our commitment to personalized service, comprehensive legal support, and maximizing your compensation ensures that you are in the best hands. Let us handle the legal burden while you focus on healing and rebuilding your life. Contact us today for a free consultation and take the first step toward securing the justice and compensation you deserve.

Types of Raleigh Personal Injuries We Handle

At Constantinou & Burkert Accident Injury Lawyers, we specialize in a wide range of personal injury cases in Raleigh, NC, and the surrounding areas of Wake County. Our extensive experience and commitment to justice enable us to effectively represent individuals and families impacted by various types of injuries. Here are the primary types of personal injury cases we handle:

1. Vehicle Accidents

Accidents involving vehicles are among the most common causes of personal injuries. We handle cases related to:

• Car Accidents: Whether it’s a minor fender-bender or a severe collision, we advocate for accident victims to ensure they receive fair compensation for their injuries, property damage, and other losses.
• Truck Accidents: Accidents involving large trucks can result in catastrophic injuries. Our trial attorneys have the expertise to handle the complexities of these cases, including dealing with trucking corporations and their insurance company providers.
• Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road. We work to protect their rights and secure compensation for medical expenses, lost income, and other damages.
• Bicycle Accidents: Cyclists often suffer serious injuries in accidents. We help victims navigate the legal process to hold negligent drivers at fault.
• Pedestrian Accidents: Pedestrians hit by vehicles often sustain severe injuries. We fight for justice and compensation for their suffering.

2. Workplace Injuries

Workplace injuries can be debilitating and affect your ability to earn a living. We handle:

• Workers’ Compensation Claims: Ensuring that injured workers receive the benefits they are entitled to under North Carolina state law.
• Third-Party Claims: In circumstances where a third party’s carelessness led to the accident, we seek further compensation beyond workers’ compensation benefits.

3. Premises Liability

Property owners have a duty to maintain a safe place. We represent victims of:

• Slip and Fall Accidents: Injuries resulting from hazardous conditions like wet floors, uneven surfaces, or inadequate lighting.
• Dog Bites: Attacks by dogs can cause serious physical and emotional trauma. We hold negligent pet owners accountable.
• Negligent Security: Injuries due to inadequate security measures in public or private places.

4. Product Liability

Defective or dangerous products can cause significant harm. We handle cases involving:

• Defective Products: From household items to industrial equipment, we seek justice for those injured by faulty products.
• Dangerous Drugs and Medical Devices: Holding manufacturers accountable for injuries caused by unsafe pharmaceuticals and medical devices.

5. Medical Malpractice

When healthcare practitioners fail to satisfy the standard of care, patients may face serious consequences. We handle:

• Misdiagnosis or Delayed Diagnosis: Errors that can lead to the worsening of conditions or wrongful death.
• Surgical Errors: Mistakes made during surgery that result in injury or complications.
• Birth Injuries: Harm to newborns or mothers due to negligent prenatal or delivery care.

6. Catastrophic Injuries

Some injuries have life-altering consequences. We advocate for victims of:

• Brain Injuries: Traumatic brain injuries (TBI) can result in long-term disabilities. We pursue compensation for medical care, rehabilitation, and other related expenses.
• Spinal Cord Injuries: Injuries that can cause paralysis and require extensive medical treatment and lifelong care.
• Burn Injuries: Severe burns that result in permanent scarring, disfigurement, or disability.

7. Wrongful Death

Losing a loved one due to someone else’s negligence is devastating. We help families seek justice and compensation for:

• Funeral and Burial Expenses: Covering the costs associated with laying a loved one to rest.
• Loss of Companionship: Addressing the emotional impact of losing a family member.
• Loss of Income: Compensation for the financial support the deceased would have provided.

8. Other Personal Injuries

We also handle various other types of personal injury cases, including:

• Construction Accidents: Injuries sustained on construction sites due to unsafe working conditions or equipment failures.
• Recreational Accidents: Injuries from activities such as boating, skiing, or amusement park rides.
• Nursing Home Abuse: Holding care facilities accountable for neglect or abuse of elderly residents.

At Constantinou & Burkert Accident Injury Lawyers, we are dedicated to helping injury victims in Raleigh, NC, and throughout Wake County. Our extensive experience across various types of personal injury cases allows us to provide the professional and effective representation you need. We handle everything from initial case evaluation to settlement negotiations, and if necessary, filing a lawsuit and pursuing litigation in the courtroom.

If you or a loved one has been injured, contact our law firm today for a free consultation. We understand the risk and burden such injuries place on victims and their families, and we are here to advocate for your rights and secure the compensation you deserve. Our professional team is committed to making a positive difference in the lives of our clients, ensuring they receive the justice and financial support needed to move forward.