A claim should not be judged only by injury severity, a sympathetic story, or the size of medical bills. Legal support depends on the elements, evidence, defenses, responsible parties, procedure, and practical recovery.

A supportable case has an evidence path for every required element and every material defense.

Duty is identifiable

The relationship, control, conduct, undertaking, statute, contract, or other rule should establish what the defendant was required to do. Different defendants may owe different duties.

Breach is specific

State the exact act or omission, reasonable alternative, timing, decision-maker, and source of the standard. “The defendant was negligent” is a conclusion, not a factual breach description.

Causation has a reliable sequence

  • Event mechanism, timing, forces, and physical evidence
  • Symptom onset, examination, diagnosis, testing, treatment response, and prognosis
  • Prior conditions, gaps, later events, inconsistent histories, and alternative explanations
  • Appropriately supported medical or technical opinion where necessary

Damages are documented

Use complete medical and billing records, payment information, work evidence, function detail, expenses, future recommendations, and repayment records. The severity label should not carry the damages analysis.

The correct parties are identified

Confirm ownership, employment, agency, contracts, property control, manufacture, sale, maintenance, insurance, and government roles. A visible actor may not be the only party, and an entity name should be verified.

Evidence is preserved and independently testable

  • Original photographs, video, data, physical items, reports, records, contracts, and witness contact
  • Authentication, chain of custody, measurements, complete versions, and source metadata
  • Focused preservation requests made before ordinary deletion or change
  • Contrary evidence and alternative event sequences recorded rather than omitted

The account is consistent without being scripted

Minor differences in recollection are normal. Material changes should be explained with source records and uncertainty. Accuracy about prior conditions, gaps, later events, and mistakes protects the reliability of the entire case.

Defenses are evaluated

Rule 8 lists affirmative defenses including contributory negligence, assumption of risk, release, arbitration and award, and statute of limitations. A scorecard should state the defense, supporting facts, contrary facts, and evidence needed.

Insurance and collectability are known

Identify policies, insureds, limits, exclusions, reservations, multiple claimants, other coverage, assets, repayment, fees, expenses, and estimated net result. A legally sound claim may still face practical recovery limits.

The forum and deadline fit the claim

G.S. 1-52 provides a common three-year period but does not govern every claim. Confirm court, administrative, arbitration, government, professional, estate, or other special procedure.

A filed claim can satisfy reasonable inquiry

Rule 11 connects signed filings to reasonable factual and legal inquiry and proper purpose. The case file should show the source for material allegations and any good-faith legal position.

Cost and risk are proportionate

Estimate records, filing, service, deposition, expert, inspection, mediation, exhibit, trial, appeal, time, and collection costs. Compare likely value, risk, and net result rather than assuming more process is always useful.

The related claim-evaluation guide provides a fuller party, evidence, defense, insurance, deadline, and cost map.

Rosensteel Fleishman Car Accident & Injury Lawyers provides information about evaluating North Carolina personal-injury claims. The scorecard should identify weaknesses as clearly as support.

Sources