North Carolina’s personal injury regulations are important to understand if you’ve recently been in a car accident, slip and fall, dog bite, or any other type of personal injury situation. You’ll want to make sure you understand what is required of you in order to move your claim forward, and what your next steps are.
Remember, a personal injury lawyer will be able to tell you how all of North Carolina’s rules and regulations apply to your specific case. Not sure where to find one? 1-800-Injured is a medical and legal referral network who can help you find a personal injury attorney to move your case forward. We are a referral network for personal injury victims like you.
Personal Injury Laws in North Carolina
Here are key elements of personal injury laws applicable in North Carolina:
Statute of Limitations: In North Carolina, a specific time frame, typically three years from the injury date, exists for initiating personal injury claims. Failure to meet this deadline might forfeit your compensation rights. However, exceptions may apply to your case, and a personal injury attorney can explain these to you.
Shared Fault Rule: North Carolina follows a “contributory negligence” principle. If you are found partly responsible for the accident, you may be unable to recover damages. It’s vital to grasp this rule’s significance, and enlisting a North Carolina personal injury attorney is essential to prove your lack of fault in the incident.
Damages: In a personal injury case, you can pursue various forms of compensation, such as medical expenses, lost income, pain and suffering, property damage, and more. North Carolina does not impose caps on compensatory damages, unlike some other states. This means hiring a lawyer can be the difference between not getting enough to cover your bills and a substantial amount of compensation.
Negligence: Demonstrating injury alone is insufficient. Winning a personal injury claim necessitates proving that the other party’s negligence caused your injuries. This entails showing that the defendant owed you a duty of care, breached that duty, and that breach directly resulted in your injuries.
Wrongful Death: In cases where someone dies due to another’s negligence, the deceased’s family can pursue a wrongful death lawsuit for financial losses, funeral expenses, and emotional distress. An attorney will tell you who can file on behalf of the deceased.
Insurance Laws: Some personal injury cases involve car accidents, known for causing severe injuries and substantial medical and property damage costs. North Carolina employs a “fault” system for car accidents, where the at-fault driver’s insurance typically covers damages. The state also mandates all drivers to carry liability insurance.
These constitute fundamental elements of personal injury laws in North Carolina. Seeking guidance from an experienced personal injury attorney is crucial for efficiently navigating the legal process and safeguarding your rights if you have sustained injuries due to another party’s negligence.
If you need help finding and connecting with an attorney, we can help. We will connect you with experienced professionals who can help you with your unique personal injury needs.