When accidents occur, and someone is injured due to another's negligence, personal injury law allows the injured party to seek compensation. In North Carolina, personal injury law provides a framework for victims to recover damages for their injuries, losses, and suffering. Here's an overview of what this area of law encompasses in North Carolina.

1. Types of Personal Injury Cases I Handle

Personal injury law covers a wide variety of incidents where harm is caused by the negligence or intentional actions of others. Common types of personal injury cases in North Carolina include:

  • Car Accidents: One of the most prevalent sources of personal injury claims, often resulting from negligent driving behaviors.

  • Medical Malpractice: Involving healthcare professionals who fail to meet the standard of care, leading to patient injury.

  • Slip and Fall Accidents: Typically rooting from property owner negligence in maintaining safe premises.

  • Product Liability: Concerns injuries caused by defective or dangerous products.

  • Workplace Accidents: Although often covered by workers' compensation, certain circumstances might permit a personal injury lawsuit.

2. Statute of Limitations

In North Carolina, the statute of limitations sets the deadline for filing a personal injury lawsuit. Generally, individuals have three years from the date of the injury to initiate legal action. However, there are exceptions, so it is crucial to consult with a legal professional to ensure timely filing.

3. Contributory Negligence Rule

North Carolina follows the contributory negligence rule, which can significantly affect the outcome of a personal injury case. If the injured party is found to have any degree of fault—even as little as 1%—they may be barred from receiving any compensation. This strict standard underscores the importance of diligent evidence gathering and legal representation.

4. Compensation in Personal Injury Cases

Victims of personal injury in North Carolina may be entitled to various forms of compensation, including:

  • Economic Damages: Such as medical expenses, lost wages, and rehabilitation costs.

  • Non-Economic Damages: Covering pain and suffering, emotional distress, and loss of enjoyment of life.

  • Punitive Damages: These are less common and intended to punish the at-fault party for egregious conduct.

5. Role of Insurance

Insurance plays a critical role in personal injury cases, especially in auto accidents and other scenarios where the liable party has coverage. It is common for initial negotiations to occur with insurance companies. However, insurers often aim to minimize payouts, making it imperative for the injured party to have competent legal counsel.

If you've been injured, contact me today for a free consultation.