Personal Injury Law in Fayetteville, NC
Were you hurt due to another’s negligence in Fayetteville? 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 Fayetteville, 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 Fayetteville 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 Fayetteville, 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 Fayetteville
The U.S. Bureau of Labor and Statistics reports that auto accidents account for 40% of workplace fatalities in North Carolina. This problem can be exacerbated for Fayetteville residents as their population density makes auto accidents and auto fatalities more likely. The Fayetteville Observer cites the high amount of car crashes as the reason for skyrocketing increases of insurance premiums in the surrounding areas.
Steps in a Personal Injury Lawsuit in Fayetteville, 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 a settlement or a court appearance. Over 90% of personal injury cases end as a result of a settlement. This could happen when you first come before a judge, or during the mediation process. If your case does go to trial, a judge or jury will be the ones to decide what settlement, if any, is rendered. 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 the factors that impact the final amount. Calculating an average personal injury settlement in Fayetteville can be quite challenging due to the myriad of factors that go into each case. The North Carolina Judicial Branch states that the courts will factor in personal history, the amount to which each party was at fault, and even criminal history should any exist. Fayetteville residents would also be wise to consider not only the legal damages that might be awarded, but also medical costs, and even compensation for lost wages if someone cannot return to work. 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. If your North Carolina personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In fact, in personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses. General compensatory damages are more subjective and are often awarded in addition to special compensatory damages. These damages aim to address non-economic impacts, such as pain and suffering or emotional distress. If your injury caused significant pain or trauma, you may request the court to order the defendant to compensate for these hardships. Punitive damages, on the other hand, are rarely awarded and are at the sole discretion of the court. These damages serve to penalize the defendant when their actions are deemed particularly reckless or egregious, resulting in severe injury. They are not meant to compensate the plaintiff but rather to deter similar behavior in the future. North Carolina has no laws capping an amount awarded for economic damages or non-economic damages. However, punitive damages are capped at $250,000. 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. Residents of Fayetteville have no more than 3 years from the date of injury to file a claim against the responsible party. This timeline holds both for individuals or if you are seeking restitution from the state. 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. Pursue a personal injury claim in Fayetteville 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! 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. If you would like to do more research, we can tell you about the basics of other areas of Fayetteville, NC law.North Carolina Personal Injury Settlement
Damage Awards in North Carolina
Statute of Limitations in Fayetteville, NC Personal Injury Law?
Work With an Experienced Fayetteville, NC Lawyer
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