Car accidents leave us stunned and physically drained. The results can be injuries that last a lifetime. It is important to get the right help from your experienced North Carolina Personal Injury attorney.
Roache v. Charney is a personal injury case that came out of the Delaware Supreme Court. I am drawing your attention to it because it illustrates not only how important a decision it is to hire the right lawyers to represent you, but also the toll a North Carolina car accident can have on your mind and body.
In this case, the victim was in her car with her two children when she was rear ended twice by the defendant. Roache suffered injuries to her neck, back and leg which resulted in months of physical therapy and even disc replacement surgery. This led to permanent neck and back injuries to the victim in this case, which she will suffer with for the rest of her life.
These injuries are very common in automobile accident cases. We are knowledgeable about these injuries and what we need to prove to ensure adequate resources are available for your medical care and to reimburse you for lost wages, pain and suffering and other damages.
Roache is important because it reaffirms the laws you need to know when you are involved in a car accident. The laws applicable are different depending on the state you are in, but the law centers on some very basic principles. The Court in Roach said that in personal injury claims, the plaintiff has to prove to the court that the injuries she sustained were the result of the defendant’s breach of their duty of care. Basically, plaintiff has to identify their injuries and show that it is more likely than not that they were sustained because the defendant was negligent in their driving.
The most critical part of any case is proving the link between the negligent actions and the injuries. This is referred to as causation. This court held that when there is a bodily injury the plaintiff must identify a medical expert that is competent who can directly testify as to the causal connection between the negligent actions of the defendant and the injuries sustained by the plaintiff. So there needs to be an experienced doctor who can medically explain how the plaintiffs injuries are a result of the accident that was caused by the defendant.
In this case there was significant confusion over whether the expert testimony, the report of the doctor, created a link between the motor vehicle accident and the plaintiff’s injury. Our attorneys will help you navigate the medical jargon and decipher what these medical reports actually say and how it can affect you.
This case also shows that procedurally, an attorney has to be timely when filing motions in the court. In Roache, the attorney’s needed one of the doctors to amend his report to clearly state whether the plaintiff was suffering injuries because of the car accident. This was the appropriate action, but the attorney requested a continuance only eight days before the actual hearing began. Because of this tardy action, the judge rejected the continuance and there was never clear evidence provided to show this causal link that the plaintiff had the burden of proving.
If you have been injured contact North Carolina Injury Attorneys at Lee Law Offices, P.A. to schedule your free appointment. Call 800-887-1965.