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Personal Injury Law in Durham, NC

Were you hurt due to another’s negligence in Durham? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Durham, NC can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Durham relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Durham, NC

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Durham 

According to the Durham County Health Assessment, unintentional injuries are the fourth leading cause of death, and the third leading cause of hospitalizations in Durham County. Motor vehicle accidents, poisonings, and falls were the leading causes of injury deaths. Falls were the leading cause of injuries leading to emergency room visits and hospitalizations.

Steps in a Personal Injury Lawsuit in Durham, NC

Once you determine that you wish to proceed forward with a personal injury action in North Carolina

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After consulting with your Durham attorney, you will file a complaint, typically with the Durham County Superior Court. Once the complaint is filed, the defendant will be issued a summons, or obligation to answer, which usually leads to the discovery process. After the discovery process, the case will either be dismissed, reach a satisfactory settlement, or proceed to trial.

North Carolina Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

It is difficult to find a predictable personal injury settlement amount in Durham because there are so many variables like medical bills, injury severity, and pain and suffering that can influence a total settlement amount. In fact, most cases settle outside of court between $3,000 – $75,000, on average. Durham personal injury cases involving serious injuries are typically filed with the Durham County Superior Court because that Court handles cases over $25,000.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in NC, that means you risk not receiving any compensation at all.

Damage Awards in North Carolina

If your personal injury case goes to trial, your legal team will present a request for damages to compensate for the harm caused by the defendant. Courts typically award three types of damages in personal injury cases, each serving a specific purpose in addressing your losses.

Special compensatory damages cover tangible financial losses tied to the injury. These may include lost wages, medical expenses, and insurance deductibles. To claim these damages, you must provide receipts and documentation proving the costs incurred as a direct result of the injury.

General compensatory damages address intangible losses that are harder to quantify. If your injury caused significant pain, emotional distress, or diminished quality of life, you could request compensation for these hardships. Courts often award general damages in addition to special compensatory damages when the impact on your well-being is substantial.

Punitive damages are less common and are awarded only in cases of extreme negligence or intentional harm. These damages serve as a penalty to the defendant and a deterrent to others, punishing particularly egregious conduct. The decision to grant punitive damages is at the discretion of the judge or jury.

In North Carolina, there is no limit on economic or noneconomic damages for personal injury claims. However, punitive damages are capped at $250,000, ensuring compensation remains proportional while still holding the defendant accountable for severe misconduct.

Statute of Limitations in Durham, NC Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In North Carolina, the statute of limitations for personal injury suits is 3 years. If you live in Durham, this means you only have 3 years from the date of your injury to file a suit.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Durham, NC Lawyer

Pursue a personal injury claim in Durham against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across North Carolina state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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