Greensboro Personal Injury Lawyer
When someone is injured in an accident, the damages from that may go well beyond the physical pain of what happened. It may even go well beyond the short-term financial costs of medical bills and lost wages. The ultimate damage can be mor far-reaching than even the injured party can see. When the accident happened because another party was negligent, then a personal injury lawsuit is the appropriate recourse. And we can help.
Our Greensboro personal injury lawyer has been practicing law going back to 1997 and founded Roupas Law Firm in 2005. Attorney Tom Roupas takes pride in delivering sound legal counsel in a timely and efficient manner. Attorney Roupas and the staff take further pride in the rigor of their due diligence and the ferocity with which they fight for their clients. From our Greensboro office, Roupas Law Firm serves all of Guilford County and throughout Alamance, Rockingham, and Randolph counties.
How to Prove Negligence in North Carolina
To secure a financial settlement means proving that the defendant was negligent. There are four pillars of negligence In the strict legal sense, and all four must be present for the plaintiff to collect. The four elements of negligence are…
- Duty of Care
- Breach of Duty
The first element simply means proving that the defendant had a duty of care to the plaintiff. In many cases this will be self-evident—employers have a duty of care to employees. Companies have a duty of care to those that come on their premises during normal business hours. Drivers have a duty of care to others on the road. Where duty of care might not exist is when a trespasser comes onto private property and is injured.
Then it must be shown that the defendant breached the existing duty of care. The state of North Carolina understands that sometimes accidents happen where no one is at fault. When that’s the case, the injured plaintiff has to seek recovery from their own insurance rather than through a lawsuit. But what if the defendant failed to exercise a reasonable standard of care? That is, did they do what an ordinary person would have to avoid an accident? If not, then breach exists.
Once breach is established, the next step is showing that this particular breach of duty was the cause of the plaintiff’s injuries. This is another area that will be obvious in some cases, but not in others. For example, a plaintiff who has a bad back might be challenged as to whether a fender-bender was really the cause of their injuries. They need to rely on the work of their lawyer to ensure the legal connection between accident and injury stays intact.
The final step is showing the full scope of damages. How much are the medical bills? How much time at work was lost? What is the projected cost of rehabilitation? Is there ongoing mental trauma that requires therapy? On an intangible level, is the plaintiff dealing with depression and lost enjoyment of life? All of this has to go into an appropriate settlement figure.
All four pillars of negligence can require some detailed legal footwork to prove, and in the state of North Carolina there is no room for error. Our home state unfortunately uses the principle of strict contributory negligence. That means if the plaintiff is found to be even 1 percent at fault for the accident, they can collect nothing. North Carolina is one of just four states that do not allow collection proportionate to one’s share of fault.
A Timely, Trusted & Effective Greensboro Personal Injury Lawyer
With no room for error, personal injury plaintiffs may be best served by turning to legal counsel that has a deep background and understanding of how to negotiate personal injury cases and—when necessary—to litigate them. Roupas Law Firm has been doing this for over 17 years and we want to work with you next.
"After the call not only was I treated with kindness and respect, I was totally confident that Attorney Roupas could handle my case!"- Candice T.
"I feel like attorney Roupas balances integrity, efficiency, intelligence, and legal expertise perfectly."- Cole P.
"If you are looking for someone to be in your corner during a tough time and need someone who is honest and willing to fight for you, Thomas Roupas is the attorney you need to call."- Meng K.
"Mr. Roupas and his team helped secure the best outcome for my family in a custody case."- Johnfee Garcia