Serious accidents change lives instantly. When those accidents are caused by someone else’s negligence, the financial burden should not fall to the injured victim or his/her family. As an experienced serious injury attorney, Kevin has fought for victims of all types of catastrophes including tractor trailer wrecks, railroad disasters, plane crashes, premises liability and other motor vehicle accidents. Cases Kevin handles include, but are not limited to:

  • Aviation accidents
  • Bicycle, scooter, or pedestrian accidents
  • Boating accidents
  • Brain injuries from all causes
  • Burn injuries.
  • Bus accidents
  • Car and trucking accidents
  • Construction accidents
  • Construction zone accidents
  • Delivery van accidents
  • Dog bites
  • Drowning
  • Industrial accidents
  • Motorcycle accidents
  • Nursing home abuse and neglect
  • Premises liability
  • Railroad accidents
  • Slip and falls
  • Spine injuries
  • Swimming pool accidents
  • Tractor trailer accidents
  • Trampoline-park injuries
  • Wrongful death
  • Other personal injury

How Injury Lawyers Prove Fault in North Carolina

Attorney Kevin J. Williams smiling

In order to recover compensation after a serious injury, you must be able to prove that the person or company who harmed you was negligent, and that the accident was their fault.

Every case is different. Whether there was negligence depends on the specific facts of each case.

Generally speaking, you and your injury attorney must prove the following:

  • That the person or company that injured you breached a duty of care;
  • That the breach of duty was a proximate cause of your injuries; and
  • That you suffered loss as a result.

Breach of Duty of Care

The Law Office of Kevin J. Williams will investigate your claim to determine if the other person breached their duty of care. For example, if a tractor trailer driver was texting or Facetiming while driving at the time he struck your car, you can allege that the driver breached their duty of care to pay attention to the road.

Injuries were Proximately Caused by the Breach of Duty

It is also essential to prove that the breach of duty was a proximate cause of your injuries. In other words, if the tractor trailer collision results in a concussion and broken bones, then the Law Office of Kevin J. Williams will make that causal connection between the wreck and the injuries.

This often involves working with your medical care providers to secure the necessary testimony or other evidence.

Loss Resulting from Injury

Lastly, it is necessary to prove the nature and extent of your losses. Sometimes, the physical injuries are obvious. There may be no question that the tractor trailer collision caused your concussion and broken bones. But the answer is not always so clear cut.

What if you exacerbated an injury to a leg that was previously injured in another accident? What if constant pain and disability leads to mental and emotional injuries like depression? What if you lost your job and its benefits because you were physically unable to perform the necessary tasks? How do you calculate those losses?

Kevin J. Williams is experienced at identifying and recovering all compensation to which you are entitled under North Carolina law.

Navigating Contributory Negligence with an Injury Attorney in North Carolina

North Carolina is one of the few States in the country that allows the defense of contributory negligence. After an injured victim files a negligence claim, the defendant may assert that the plaintiff’s injury was caused, at least in part, by the plaintiff’s own negligence.

Under the doctrine of contributory negligence, if the defendant can prove that you were even one percent at fault for your injuries, then you could be barred from recovering anything.

Contributory negligence is another reason why it is critical to work with an experienced Winston-Salem serious injury lawyer. A defense of contributory negligence is just one of the strategies the insurance company and defense attorneys may use to defeat your claim.

At the Law Office of Kevin J. Williams, we know how to combat these types of defenses.

Types Of Compensation:
Compensatory And Punitive Damages

The Law Office of Kevin J. Williams will help you recover all the damages to which you are entitled. Whether you are the seriously injured party, or whether you are bringing a wrongful death claim on behalf of a close relative, there are generally two types of damages: compensatory and punitive damages.

Compensatory Damages

Compensatory damages are designed to do exactly what the name suggests – compensate you for your loss. They are supposed to return you as closely as possible to the place you were in before being harmed by the defendant’s negligence. There are two types of compensatory damages: economic and non-economic.

Economic damages compensate you for the actual monetary losses you suffered because of your injuries. They include:

  • Current and future medical bills and expenses
  • Loss of current and future income
  • Property repair or replacement expenses
  • Other out of pocket expenses related to the injury

Non-economic damages are designed to compensate you for the general harm you have suffered. They include amounts for:

  • Pain and suffering (including mental suffering)
  • Decreased quality of life
  • Harm to spousal relationship

Punitive Damages

Punitive damages serve a different purpose than compensatory damages. Punitive damages are not based on your loss. Instead, they are designed to punish the defendant.

Punitive damages also send a message to others that certain conduct (like drunk driving) is never acceptable. In order to claim punitive damages in a personal injury or wrongful death lawsuit, you must be able to show that the defendant’s behavior rose to a level that is worse than ordinary negligence.

Your injury attorney must show that the conduct was willful, wanton, or reckless.

KJW Logo
Winston-Salem accident attorney Kevin J. Williams sitting at a table with a legal pad.
Winston-Salem accident attorney Kevin J. Williams sitting at a table with a legal pad.

Your Journey to Justice Begins Here

After a serious accident, navigating the confusion and emotional turmoil can be overwhelming. You don't have to walk this path alone. At the Law Office of Kevin J. Williams, we're committed to lightening your load and bringing you peace of mind as we fight to secure the compensation you rightfully deserve. Click the button below to schedule your free consultation.