Records created after an injury often serve different purposes. A crash report records an officer’s investigation, an emergency intake captures information available during treatment, an insurer log tracks a claim, and an employer record documents work. A difference among them does not automatically establish dishonesty, but a material error should be addressed through the channel […]
By: Michelle Patrick
Charlotte Personal Injury Attorney
Published Date: June 8, 2021
In a North Carolina civil case, the claim, defenses, evidence, and applicable proof rules should be identified separately rather than assumed from a television or criminal-case standard.
A specific statutory burden
North Carolina G.S. 1-139 places the burden of proving contributory negligence on the party asserting that defense. That statute addresses one defense; it does not turn every disputed fact into the same question or determine how a particular case will be resolved.
Organize the record before drawing conclusions
- The complaint, answer, motions, orders, and jury instructions, if any
- Photographs, reports, video, medical records, witness information, and other evidence tied to the disputed issue
- The exact defense asserted and the facts the parties say support or contradict it
For a collision-related dispute, information about a Charlotte car-accident claim can be reviewed alongside the particular facts, evidence, and defenses involved.
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