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A Few Facts About Determining Liability in Durham Personal Injury Cases


In personal injury cases, a Durham Personal Injury Lawyer has to prove though evidence, testimony and proper documentation that the at-fault party is legally responsible for your injuries and losses. Liability cases rest on and are determined by looking at who was negligent in the state of North Carolina.

Your Durham Personal Injury Lawyer cannot resolve your case until he knows all the facts and the specific nature of your injuries. All of the medical reports and bills from any doctors you visited for accident related injuries must be investigated fully.

When a personal injury case is settled, it is settled for one final lump sum. Future claims cannot be accounted for in liability cases, so the attorney will have to wait until all the facts are established before attempting settlement.

The decision to settle as opposed to going to trial is not simple. If it is difficult to find the other party legally responsible, a slightly smaller settlement may be desirable as opposed to going through costly court proceedings and possibly recovering nothing. Trials can be very costly and an experienced Durham personal injury attorney will strive to get the compensation you deserve by exploring all the available options.

However, if it is determined that the insurance company will not offer a reasonable sum or amount to constitute settlement, your Durham Personal Injury Lawyer will bring your matter to trial to fight for what you are entitled to in damages.

Part of the liability process includes discovery proceedings. Discovery proceedings consist of finding out what information each side has and generally includes depositions, interrogatories, and requests for production of documents. Interrogatories are long lists of questions submitted from one party to the other. Depositions are sworn testimony taken at an attorney’s office by a court reporter.

It may be difficult to properly assess your personal injury claim or its value until the case is deep into the discovery proceedings.

Another concern that must be taken into account is if the other party is uninsured. In these cases, you may have no hope of recovering money damages. This unfortunate scenario exists because the amount you would spend in seeking damages will exceed what you would receive from an uninsured party.

Some insurance companies have an uninsured motorists clause built into their policy. If you have this coverage, you have a right to collect from your own insurance company as if they insured the other uninsured motorist. This means your own insurance company basically steps into the shoes of the at-fault driver and is required to cover some or all of the damages you sustained. What you can collect will be determined by the text of the policy you have with that company.

“If the injury from your accident arises out of the course of your employment, you have a right to a third-party case. A third-party case gives you the right to collect workers’ compensation benefits through your employer’s workers’ compensation insurance and also collect damages from the party who is at fault. This will make your situation especially complicated, therefore, it may be best to speak with an attorney regarding your claim.” – Jared Pierce.

The two most common concerns to liability clients are: how long will the case take, and how much will I recover for my injuries. These are difficult questions to answer. Courts are congested and insurance companies delay their efforts to reduce settlements. It is not uncommon to hear nothing about your case for an extended period of time and you should not be alarmed.

Moreover, the value of your case depends largely on the circumstances and facts surrounding your case. Several other law firms may be involved in your case and may frustrate a speedy settlement. It is often time consuming to take all the appropriate measures in assessing the value of your case.

Durham personal injury cases and litigation can be complex and unpredictable. The Personal Injury Attorneys at Wallace Pierce Law have gained invaluable experience and knowledge from focusing on complicated personal injury cases. This experience and knowledge allows us to assess the likelihood of whether or not your Durham car accident case will be tried in court or settled out of court.

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