Personal Injury in North Carolina

When you have been injured by someone else's carelessness, it is important to take some initial steps toward making sure your injury claim can be settled fairly and as quickly as possible:

Write down everything you can remember about how the injury occurred, including the names, addresses and phone numbers of potential witnesses, police officers, insurance company representatives (or company or workers' compensation representatives if it was a work injury)

Talk to a North Carolina personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives

Let anyone you think may be responsible for the injury know right away that you are intending to file a claim against them

Take steps to protect any evidence you may need to prove your injury, such as your totaled car, photographs of an accident or injury scene, clothing you were wearing, damaged personal belongings, and so forth

How Do I Figure Out Who Is At Fault?

In most cases, in order to collect on an injury claim in North Carolina, you must prove the person who caused the injury was "negligent" – which is a failure to exercise ordinary care. In North Carolina, you must prove:

  • The existence of a duty owed to you by the person who caused your injury
  • The other person failed to carry out the duty that they owed you
  • You suffered damages
  • The other person's failure caused you to have the injury

If you were careless, and your carelessness contributed to your injury, you may be barred from recovering for your damages under North Carolina contributory negligence law.

Under North Carolina law, where two individuals are each responsible to you for the injury because they were both careless, each person is responsible to you for the proportional amount of the damages that he caused.

If you have been injured using a consumer product, the seller of the product may be responsible under a "products liability" legal theory. Under North Carolina law, you would need to prove that:

  • The product was defective or there was a lack of sufficient warnings, which made it unreasonably dangerous
  • The defect or lack of warnings regarding the product caused your injury
  • You suffered damages
  • The defect or lack of warnings did not create an open and obvious risk

What Is My Claim Worth?

Under North Carolina law, the person who injured you is responsible for:

  • Past, current and future estimated medical expenses
  • Time lost from work, including time spent going to medical appointments or therapy
  • Any property that was damaged, such as your vehicle
  • The cost of hiring someone to do household chores when you could not do them
  • Any permanent disfigurement or disability
  • Your emotional distress, including anxiety, depression, and any interference with your family relationships
  • A change in your future earning ability due to the injury
  • Any other costs that were a direct result of your injury

A lawyer will know what type of expert witness to hire to best prove your damages.

How Long Do I Have To File A Legal Claim?

In North Carolina, you have three years to file a lawsuit against the person who injured you. If your lawyer has not been able to come to an agreement with any involved insurance companies, you will definitely want to file a lawsuit before the three-year statute of limitations runs out.

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