Most catastrophic liability lawsuits are based on negligence. Proving negligence in catastrophic injury cases in NC requires building admissible evidence demonstrating a breach of the duty of care. The person bringing the case must establish (1) duty of care, (2) breach of the duty of care, (3) causation of injury, and (4) resulting damages.
Negligence in Catastrophic Injury Lawsuits
Whether injuries are mild, moderate, or severe, the first step in a lawsuit is to prove liability.
Before you can establish what damages you have, you must establish that the defendant is legally liable. Usually, this means proving negligence.
North Carolina doesn’t cap economic damages in catastrophic injury lawsuits. Non-economic damages are only capped in medical malpractice claims. There is no threshold where the injury is simply too severe or the suffering too great—you may recover what you deserve.
But first, you must prove negligence and the right to collect damages.
Legal Definition of Negligence in North Carolina
Whether your injuries are catastrophic or less severe, the legal definition of negligence in North Carolina is the same. Negligence is the failure to exercise due care in the performance of some legal duty owed to the plaintiff under the circumstances. Woolard v. N.C. Dept. of Transportation, 377 S.E.2d 267 (N.C. Ct. App. 1989).
Negligent conduct is behavior that is too dangerous under the circumstances, creating an unreasonable risk of harm to others. Negligence may be affirmative action or a failure to act.
In the context of driving a motor vehicle, all drivers have a duty to others on the road. They must pay attention to the direction of travel, driving with caution and circumspection. They must adjust their speed to avoid a collision. A reasonable speed in one situation may be an unreasonable speed in another situation. State v. Stroud, 337 S.E.2d 873 (N.C. Ct. App. 1985).
Whether behaviors are negligent depends on the facts. The law can’t possibly list every scenario where an accident may occur. For this reason, the negligence law is generic—failing to exercise due care. It’s up to the jury, the finder of fact, to decide if the defendant’s conduct was negligent.
What Constitutes a Catastrophic Injury?
A catastrophic injury is one that has a life-changing effect on the victim. It may be life-altering because it is:
- Severe
- Permanent
- Impairing
- Disfiguring
When a person has a catastrophic injury, their life has changed forever or for a period of years. An injury may be catastrophic because it significantly affects a person’s life or because the injury is permanent.
Examples of catastrophic injury include the following:
- Paralysis
- Brain Damage
- Spinal cord damage, nervous system damage
- Scars
- Walking impairment
- Loss of bodily function, loss of motor control
- Respiratory problems
- Sexual dysfunction
- Damage to the senses
A catastrophic injury may affect many different bodily functions and systems. Even when a person can cope with medical intervention and support, when the injury is severe, long-lasting, or permanent, the injury is classified as catastrophic.
Key Elements To Prove Negligence
There are two key elements to proving negligence:
- What were the actions of the defendant?
The parties may not agree on the defendant’s actions. Witnesses may have different observations, vantage points, or biases affecting their testimony. Tangible evidence or investigation results may contradict witness statements. The plaintiff must present the evidence to show what the defendant did.
- Were the defendant’s actions negligent?
Having established the actions of the defendant, the plaintiff must show how those actions were unreasonable. To establish negligence, the plaintiff must explain how certain behaviors fell below the duty of care. For example, a reasonable person obeys traffic laws. A reasonable property owner takes measures to mitigate dangerous conditions that could cause injury to customers and guests.
When a victim has a catastrophic injury, their injury may prevent them from speaking. It is vital to build admissible evidence to demonstrate what happened and how negligence occurred. A victim may need modifications and support to testify.
Gathering Evidence to Support Your Case
Proving negligence in a catastrophic injury case depends on evidence. The plaintiff must prove each element of a case—negligence in addition to causation and damages.
Some of the evidence to gather relates to the accident itself: How did the accident occur? What factors caused the accident?
What you gather will depend on the nature of the accident. For a motor vehicle accident, you may evaluate photographs of vehicles and the accident scene. Statements from witnesses and those involved may be important. For a dangerous property condition, photographs of the scene or accident reconstruction can explain the events. There may be important things to gather, such as employee records or records of business activity. For a motor vehicle accident, you may want to have one or more vehicles inspected.
When physical harm is catastrophic, some of the evidence must relate to injuries. You must prove the damages you have in the form of medical bills, pain and suffering, emotional anguish, and future losses. You may work with healthcare professionals and economists who can speak to the extent of damages.
Successful Catastrophic Injury Claims
Successful catastrophic injury claims prove negligence and all elements of the claim. There may be steps to quickly preserve evidence and make sure the person’s injuries are thoroughly documented as resulting from the accident. Then, there is significant investigative work to do.
The plaintiff must be prepared to pursue their case in full, diligently building evidence and pursuing a legal strategy to make their case a success.
Reach Out to an Experienced Jacksonville Personal Injury Lawyer
If you or a loved one has suffered a catastrophic injury, we invite you to reach out to an experienced Jacksonville personal injury lawyer. You may receive financial compensation.
Horton & Mendez Injury Attorneys know how to prove negligence in catastrophic injury cases in NC. We are here to aggressively represent your interests and pursue your right to compensation. Call or message us now.
