Personal Injury Law in North Carolina

Were you hurt due to another’s negligence in North Carolina ? 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 North Carolina 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 North Carolina 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 North Carolina

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 North Carolina  

In North Carolina in 2018 there were 178 workplace injury related deaths, the majority of which were caused by motor vehicle accidents. According to the U.S. Bureau of Labor Statistics, men accounted for 91% of workplace injuries. The North Carolina Injury and Violence Prevention Branch found that the majority of injuries go unreported, but still saw nearly 941,000 emergency department visits. In addition, injuries from falls in either the home or workplace lead to the most hospitalizations in North Carolina.

Steps in a Personal Injury Lawsuit in North Carolina

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 attorney, you will then file a complaint with the court. This will see the defendant get a summons, or obligation to answer, which usually leads to the discovery, or evidence exchange and gathering process. In North Carolina, this will then either lead to a dismissal, a settlement, or a 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.

Visiting an emergency room for your injuries can be costly, and being hospitalized can be even worse with facilities charging thousands per day. Car accidents are the second most common cause of personal injury in North Carolina. According to the North Carolina Department of Transportation, even an accident with minimal injuries cost on average $101,000. After applying the cost of pain and suffering and any economic damages to your demands, your personal injury settlement could be significant.

If the other party has insurance, the insurance company likely wants to settle out of court. In order 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 North Carolina personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. 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 subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In North Carolina there is no cap on economic or noneconomic damages. However there is a $250,000 cap on punitive damages in personal injury cases.

Statute of Limitations in North Carolina 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.

The North Carolina statute of limitations gives you three years from the date of the incident to file a personal injury 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 North Carolina Lawyer

Pursue a personal injury claim in North Carolina 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!

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