Personal Injury Lawsuits

Sue for Damages

A personal injury matter may become formalized through civil court proceedings that ask for a legal judgment to find another person or organization at fault for an accident or injury. A formal personal injury lawsuit starts when a private individual files a civil complaint against another person or organization alleging that they are guilty of committing a tort against them. This is what is known as "filing a lawsuit." During the investigation and negotiation of your accident claim, a qualified personal injury lawyer will advise you about your options, including the possibility of filing a lawsuit in your tort case.

What is a Personal Injury Case?

When a person who has been injured decides to take steps to protect their legal rights, they are said to have a personal injury case. Often the party that may be responsible for a personal injury disputes the assertions or claims of an injured person that they are either at fault or even responsible for an accident or injury. If the responsible party accepts liability, or is found to be liabile for an accident by a jury, the injured individual may be entitled to monetary compensation. Our law firm only represents injured individuals in lawsuits, not corporations.

Will my personal injury lawsuit end up in court?

Not necessarily. Personal injury disputes may often be resolved through informal settlement between the parties involved. Personal injury lawyers usually negotiate settlements for the injured party with the person or organization felt to be at fault for the accident or injury. At the end of the negotiations, both parties may make a written agreement in which they agree not to pursue legal action concerning the matter at hand, and state that they will resolve the matter through payment of an agreed-upon amount to the injured person.

North Carolina Personal Injury Attorneys

A North Carolina lawyer familiar with personal injury law can assess the extent of your injury and the circumstances surrounding your accident. He can counsel you about the amount of compensation you might be able to receive for your injury, educate you about the resolution of settlements in similar cases, explain the strengths and weaknesses of the relevant evidence you might have, and tell you about the resources a possible defendant might be able to bring to bear against you. He has the resources to investigate your claim to find further evidence if necessary. He also is familiar with tactics a defendant might try to use against you to avoid compensating you for your personal injury.

What is a Tort?

A tort is a civil wrong recognized by law as grounds for a personal injury lawsuit. Wrongs resulting in an injury or harm constitute the basis for a claim by the injured person, called the plaintiff. While some torts are criminal in nature and can result in punishment, the first aim of tort law is to provide relief of the injury or harm done the injured party, and to deter others from committing the same wrongful acts. An injured person may sue for monetary damages or even an injunction to prevent the continuation of the wrongful conduct. Among the types of damages an injured person may recover for are:

• lost earning capacity,
• reasonable medical expenses,
• permanent impairment,
• compensation for lost property,
• and pain and suffering.

These damages can include both present and future expected losses.

Intentional and Negligent Torts

When a person intends to commit a wrongful act, which results in damages and personal injury, they are said to be guilty of an intentional tort. These wrongs are committed when an individual knew or should have known harm would occur. Intentionally striking another person would be an example of an intentional tort.

When a defendant's actions are unreasonably unsafe, they are said to be guilty of a negligent tort. Causing an accident by failing to avoid traffic rules, such as speeding through an intersection, would be an example of a negligent tort. A personal injury attorney can explain tort laws that might be applicable to your specific situation and advise you of your rights and responsibilities in regards to your lawsuit.