Durham Personal Injury Attorneys

Representing the Seriously Injured Since 1999

If you were involved in an accident or traumatic event that left you injured, you could be entitled to financial compensation for your resulting medical bills, financial losses, and other damages, like pain and suffering. To have a personal injury case, you must prove that someone else is legally responsible, or liable, for your damages. In most cases, this involves proving that someone else caused the incident that led to your injuries, usually through negligence, wrongful acts or omissions, or intentional misconduct.

If you are considering filing a personal injury claim in Durham County, North Carolina, you probably have many questions. At Hyland + Padilla, PLLC, we understand the complexities and nuances of personal injury claims, and we're here to help. We offer customized strategies and straightforward advice so that you can make the best decision possible for your situation. 

Contact us today at (919) 891-8361 to learn more about how our Durham personal injury attorneys can assist with your personal injury claim. Your initial consultation is completely free.

How to File a Personal Injury Claim

Filing a personal injury claim requires taking several steps; it is important that you follow these steps to increase the likelihood of a successful outcome. 

The first thing you should do is seek medical attention and document your injuries. Keep copies of your medical records and follow all your doctor’s recommendations. This is important not only for your overall health and wellbeing, but it also provides valuable evidence for your future injury claim. 

If possible, you should obtain as much evidence as you can, possibly including but not limited to:

• Copies of medical records 
• Medical bills 
• Accident reports 
• Police reports 
• Witness statements 
• Physical evidence, such as a damaged vehicle or torn clothing
• Expert testimony from qualified parties 

At Hyland + Padilla, PLLC, we can assist you in gathering the necessary evidence to support your personal injury claim. Our attorneys have access to invaluable resources, including expert witnesses and accident reconstruction experts, as well as the in-depth legal knowledge necessary to aggressively pursue even the most complex of cases. 

Proving Liability in Your Personal Injury Claim

Another important step in filing a personal injury claim is proving liability. “Liability” is a legal term that refers to one party’s legal responsibility to pay for the financial and nonfinancial losses, or “damages,” of another. 

In most cases, to prove liability, you must prove the following elements: 

• You were injured, and your injury led to measurable damages for which you can be compensated. If you were not injured, you do not have a personal injury case. 
• The other party owed you a “duty of care.” This means that they had a legal responsibility to act with a reasonable level of caution toward you in order to prevent injury or damage.
• The other party breached or failed to uphold the duty of care, most often by acting negligently, recklessly, wrongfully, or intentionally. 
• The other party’s breach of or failure to uphold the duty of care was the proximate cause of your injury and related damages. 
• You were not in any way at fault for the incident that led to your injuries. Under North Carolina’s rule of contributory negligence, you cannot file an injury claim if you are even 1% at fault. 

Depending on the specific factors involved in your case, proving liability can be challenging. We encourage you to reach out to our team at Hyland + Padilla, PLLC for help with your claim. Since 1999, we have successfully represented the rights of the severely injured and their families, securing more than $40 million in compensation on their behalf. 

Types of Damages You Could Be Entitled to Receive

The purpose of filing a personal injury claim is twofold: first, it allows you to seek justice and hold the liable party accountable for the harm they have caused you. Second, it allows you to seek fair compensation for your losses, or “damages.” 

While every case is different, you could be entitled to the following types of damages in your personal injury lawsuit: 

• Medical expenses, including future projected care costs
• Expenses associated with in-home assistance and care 
• Physical and mental pain and suffering 
• Lost income, wages, and/or employment benefits 
• Loss of earning ability and future income 
• Punitive damages, which are meant to punish the liable party for gross negligence or wanton/willful misconduct 

Our Durham personal injury lawyers can carefully review your case during a free, no-obligation consultation and determine what types of damages you may be entitled to recover. Should we take your case, we will work to develop an innovative legal strategy and build a powerful, persuasive case with the goal of maximizing your recovery. 

Work with a Reliable Legal Team 

In North Carolina, you usually have only three years from the date of injury to file your personal injury lawsuit. If this three-year statute of limitations expires before you bring your claim, the court will almost certainly dismiss it, and you will be unable to pursue compensation for your damages. 

There are few exceptions to the statute of limitations, but some exist. Even if more than three years have passed since you were injured, we encourage you to reach out to our firm to learn whether one of these exceptions could apply to your case. 

Regardless of your situation, Hyland + Padilla, PLLC is here to help. We assist clients in all types of personal injury cases, including those involving:

• Car accidents 
• Premises liability 
• Wrongful death 
• Truck accidents 
• Motorcycle accidents 
• Pedestrian accidents
• Workers’ compensation 

We understand that this is a very difficult time in your life; our Durham personal injury lawyers are ready to help you navigate the legal process and ease the stress you are under so that you can continue to heal and move forward with your life. We proudly serve clients throughout Durham County and the surrounding areas, and our multilingual staff can assist you in both English and Spanish. 

You do not owe anything unless we recover compensation for you. Call (919) 891-8361 or contact us online to learn more during a free consultation.