Personal injury laws in Charlotte, North Carolina, are governed by the state’s legal statutes and may be influenced by local ordinances. Here are some key aspects of personal injury laws in Charlotte and the broader state:
Statute of Limitations: In North Carolina, there’s a statute of limitations for filing personal injury lawsuits. Generally, you have three years from the date of the injury to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation. However, there are certain exceptions that may apply to your situation. A personal injury attorney can go over these with you.
Shared Fault Rule: North Carolina follows a “contributory negligence” rule. If you’re found even partially at fault for the accident, you may not be able to recover any damages. It’s crucial to understand this rule, as it can significantly impact your case. A Charlotte personal injury lawyer can and should be brought in to fight on your behalf, as this legal professional is able to prove you were not at fault for the accident.
Damages: You can seek various types of damages in a personal injury case, including medical expenses, lost wages, pain and suffering, property damage, and more. Charlotte does not cap compensatory damages like some other areas outside of the state do.
Negligence: It isn’t enough to prove you are injured. To succeed in a personal injury claim, you must prove that the other party’s negligence was the cause of your injuries. This involves demonstrating that the defendant owed you a duty of care, breached that duty, and that breach directly led to your injuries.
Strict Liability: In some cases, Charlotte personal injury cases may involve strict liability, where the defendant is held liable regardless of fault. This can apply to cases involving defective products or certain dog bite situations.
Wrongful Death: If a person dies due to someone else’s negligence, the deceased’s family may pursue a wrongful death lawsuit to seek compensation for financial losses, funeral expenses, and emotional suffering.
Insurance Laws: Some personal injury cases are car accidents. Car crashes are known to produce serious injuries, and expensive medical and property damage bills. Charlotte and the rest of North Carolina follows a “fault” system for car accidents, meaning the at-fault driver’s insurance typically covers damages. The state also requires all drivers to carry liability insurance.
These are some fundamental aspects of personal injury laws in Charlotte, North Carolina. It’s crucial to consult with an experienced personal injury attorney in Charlotte to navigate the legal process effectively and protect your rights if you’ve been injured due to someone else’s negligence.
If you need help finding and connecting with an attorney, we can help. 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. We will connect you with experienced professionals who can help you with your unique personal injury needs.