When a person is injured as a result of another party’s actions, then North Carolina personal injury law allows the injured individual to file a lawsuit against the responsible party. If successful, the injured person, known as the plaintiff, can recover compensation from the responsible party, known as the defendant. If you’ve been hurt and another party is to blame, a Charlotte personal injury lawyer can review the circumstances leading to your accident or injuries and determine whether you have grounds for a lawsuit. If you do, the attorney can try to negotiate an out-of-court settlement with the responsible party or their insurance company, or file a lawsuit and aggressively pursue the case in court.
Basics of North Carolina Personal Injury Law
To win a North Carolina personal injury lawsuit, your lawyer must prove that:
- The defendant (which can be a person, business or government agency) owed you a duty of care, or had a legal obligation to keep you from being injured
- The defendant violated that duty of care, acting in a negligent, reckless or intentional way and causing you to be hurt
- You suffered financial losses as a result of your injuries
North Carolina, like other states, limits the amount of time that plaintiffs have to file personal injury lawsuits. In most types of North Carolina personal injury cases, this deadline, known as a statute of limitations, is exactly three years from the date of your injury. If you wait even a day longer, you’ll be barred from recovering any compensation in connection with your claim. However, certain types of personal injury cases have different statutes of limitations. For example, wrongful death claims must be filed within two years, while product liability claims can be filed as much as six years after an injury. To ensure that you don’t inadvertently miss the deadline, it’s wise to hire a North Carolina personal injury lawyer as soon as possible after you’re involved in an accident or diagnosed with injuries.
North Carolina Personal Injury Compensation
If your settlement negotiations or lawsuit is successful, you’ll be entitled to compensation for your financial losses. This compensation is known as damages. There are three types of damages:
- Economic damages compensate you for actual, quantifiable accident- and injury-related expenses. These would include medical expenses, lost wages, repair or replacement of damaged or destroyed personal property, and the cost of hiring someone to help you with tasks you’re unable to perform as a result of your injuries.
- Non-economic damages compensate you for injuries that are more difficult to calculate, such as a pain and suffering.
- Punitive damages are intended to punish the defendant in the case of egregious wrongdoing.
