May 27, 2019

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Personal Injury Lawsuits in North Carolina

North Carolina Law Firms

North Carolina personal injury law provides a legal remedy for people who are injured due to someone else’s negligence or intentional wrongdoing to recover financial compensation for the losses and expenses arising from the injury. A personal injury lawsuit is a civil matter, not a criminal matter, and it is meant to compensate you, not to punish the wrongdoer.

Damages

In North Carolina you can recover compensation for economic, noneconomic, and sometimes punitive damages in a personal injury lawsuit.

Economic damages are the most straightforward. Economic damages are those which have a concrete dollar value, such as your medical expenses and lost income. Existing economic damages are the easiest to calculate and prove. Future economic damages may require the assistance of medical and financial experts.

Noneconomic damages are very real damages, with real value to you, but they do not have a specific dollar value. These include pain and suffering, emotional distress, and more.

Punitive damages are only rewarded under certain circumstances. They are not meant to compensate you, but to punish the person who caused your injury for very bad behavior. You must prove fraud, malice, or willful and wanton conduct in order to receive punitive damages, and the amount is capped at three times the compensatory damages or $250,000, whichever is greater.

Personal injury damages can include:

  • Past, current, and future medical expenses
  • Long-term care
  • Home healthcare
  • End-of-life care
  • Rehabilitation and therapy
  • Past, current, and future lost income
  • Lost earning capacity
  • Special equipment and home modifications to accommodate disability
  • Other expenses which are a direct result of the injury
  • Disability
  • Disfigurement
  • Physical pain and suffering
  • Emotional distress
  • Inconvenience
  • Loss of consortium

Examples of North Carolina Personal Injury

Incidents and injuries which fall under personal injury include, but are not limited to:

  • Auto accidents
  • Commercial trucking accidents
  • Slip and fall
  • Assaults and attacks as a result of negligent security
  • Injuries caused by defective products
  • Medical malpractice
  • Pharmaceutical injuries
  • Construction accidents
  • Swimming pool accidents
  • Food poisoning
  • Boating accidents
  • Amusement park accidents

If You Were Partly to Blame

North Carolina is one of the few states which still holds to the outdated doctrine of contributory negligence. If it is determined that you were even slightly to blame for your injuries, even 1%, you are barred from recovering compensation. This is bad for North Carolina injury victims, and certainly unfair, but there are certain exceptions. Your personal injury attorney can help you determine if you still have a good case, even if you were partly to blame for your accident.

Also worth noting, failure to wear a seatbelt does not constitute contributory negligence in North Carolina.

The law firms on this website handle personal injury lawsuits in North Carolina. Search our listings to find an experienced firm near you.