North Carolina Personal Injury Law Overview
If you’re wondering whether or not you can seek compensation due to an injury you sustained, your best bet is to contact an experienced personal injury attorney for a case evaluation. Many attorneys, including ourselves, will do this for free. If you’re not to that point yet and want to know more, we can help with that, too.
What Kind of Personal Injuries Am I Able to Seek Compensation For?
In the simplest terms, a personal injury is when one person – the victim – suffers harm due to another person’s actions. Injuries can be physical harm, mental distress, or in the form of a financial hardship.
To be compensated, it’s up to the injured person to prove that the other person was acting irresponsibly, and that the injury resulted from that person’s actions. This is done first through a claim – usually against the defendant’s insurance company – and if necessary, the filing of a lawsuit. Every case is unique and has to be judged on its own merits, but there are a number of causes of personal injury that come up quite often.
What Is the Statue of Limitations for a Personal Injury Lawsuit in North Carolina?
In North Carolina, most personal injury cases must be filed within three years. The statute of limitations has many aspects, and certain factors may change the amount of time you have to file a case. Generally speaking, it’s best to file as soon as possible after the injury. If you have questions, you should reach out to an experienced personal injury attorney.
Common Causes of Personal Injury Cases in North Carolina
Car Accidents – The most common type of personal injury case we see. You can learn more about these cases and the applicable laws in our car accidents section.
Crime Victims – Victims of assault and battery, sexual abuse, or people who were injured due to negligence, can sue those who inflicted their injuries, or those who, by way of negligence, allowed them to come to harm.
Dog Bites – North Carolina has very specific laws regarding dog bites, so an attorney with experience handling these types of cases can be extremely helpful.
Medical Malpractice – When health care professionals make mistakes or are just plain reckless, you may have a medical malpractice claim. A personal injury attorney can help you try to hold them accountable for the damage they do to you.
Nursing Home Abuse or Neglect – Nursing home residents rely on their caregivers. When they’re harmed by those caregivers, intentionally or through neglect, they and their families should report the situation immediately, and consult a personal injury attorney.
Wrongful Death – If a family member dies as a result of someone else’s action – or in some cases, inaction – you may have grounds for a wrongful death lawsuit.
There are many more types of “accidents” that can cause an injury to you. People suffer injuries on planes, boats, cruise ships, trains, and at amusement and water parks.
Different causes of personal injuries can be governed by a different set of personal injury laws in North Carolina. We strongly recommend that you consult an experienced personal injury attorney who can guide the process to try to recover the compensation you may deserve.
What Kinds of Compensation Might I Receive?
Typically, compensation for personal injuries comes in the following forms:
- Medical payments or coverage: Whoever hurt you should be responsible for paying for the treatment you require, whether it is short or long term.
- Property damage reimbursement: The other party needs to repair or pay the fair market value of the property that was damaged or broken.
- Lost wages: If your injury causes you to lose income, you may seek compensation for that loss.
- Pain and suffering: While it is difficult to quantify, you may deserve something in return for the physical pain and emotional stress caused by an injury. When you’re hurt, you’re in discomfort not just because of the injuries and pain, but the stress and inconvenience it has caused to your life.
The goal of a personal injury claim (or a lawsuit, if necessary) is to fairly compensate you for the injuries you’ve received, the bills you’ve incurred as a result, and your pain and suffering. It wasn’t your fault you were injured. Why should you be stuck with medical bills, lost wages, and daily pain and discomfort?
What Is Contributory Negligence in North Carolina?
North Carolina is one of only four states that use a doctrine called “contributory negligence.” There is a lot to unpack about contributory negligence, but the short version is:
In North Carolina, if you are even 1% at fault for an accident, you could be denied any compensation for your injuries.
Most states use something called comparative negligence, but North Carolina law is different. It’s important to note that even if you think you may have done something to contribute to your injury, you may still be able to seek compensation. Contributory negligence is complicated. For that reason, it’s usually best to consult with a personal injury attorney. We are happy to evaluate your case at no charge.
Contact an Experienced North Carolina Personal Injury Attorney
If you’ve been hurt through no fault of your own, you may be able to recover compensation for your injuries under North Carolina personal injury law. As soon as possible, contact a North Carolina personal injury lawyer at the Law Offices of James Scott Farrin. Our team of attorneys is ready to assist you. Call 1-866-900-7078, chat with us now, or contact us online for a free case evaluation.