In case you’ve sustained an injury in an accident, you’ll have to prove negligence and causation to receive damages. Losses due to that accident must also be documented. It entirely relies on evidence. A Huntersville personal injury lawyer can help you gather relevant evidence and file your lawsuit or claim.
Our team at 1Charlotte has years of experience in handling personal injury cases. If you’ve suffered injuries in a car crash or other type of accident, call our personal injury law firm and find out how we can help! Your initial consultation is completely free.
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What Should I Do After an Injury?
You should follow these steps after suffering an injury to have the best chance of receiving compensation:
- Seek medical treatment if required and keep records of all treatment.
- Get names and contacts of any witnesses.
- Take photos & videos if you can.
- Report a vehicle accident to the police. If it’s a workplace accident, report it to your supervisors.
- Never admit fault.
- Contact a personal injury lawyer right away!
Why Do I Need a Lawyer?
Here are some of the benefits of hiring an attorney:
Depending on the situation in which you sustained your injuries, it’s your right to pursue legal action and receive compensation. Your Huntersville personal injury lawyer will ensure your claim is filed on time and in keeping with all North Carolina’s laws and regulations.
When negotiating for a fair settlement, it’s essential to consider all the damage following the crash and the anticipated, future expenses. Our attorneys at 1Charlotte will negotiate with the other party, their lawyer, or the insurance company on your behalf.
Trial Preparation & Representation
Professionals are important during the litigation phase. They’ll represent you aggressively in court.
What Type of Damages Can I Recover In North Carolina?
Victims can be awarded three types of damages with a personal injury case in Huntersville, North Carolina:
Mostly, economic damages are relatively easy to prove after an injury. You should provide documentation of missed work and medical bills. Most monetary losses are accompanied by written reminders that you can use as evidence. Take account of all your losses due to that accident, and gather documentation for each. This might include:
- Costs of your ongoing medical care
- Medical costs for emergency treatment
- Lost wages
- Rehabilitation costs, such as physical therapy
- Costs associated with nursing care or help with activities of daily living
- Lost future wages, in case you can’t return to your job
- Any other monetary losses resulting from that accident
This is where most disagreement occurs when it comes to settlement discussions with insurance companies. Mostly, the amount associated with these losses is subjective and relies on your negotiation with that insurance company or the court’s decision. Non-economic damages might include:
- Anxiety and mental stress
- Pain and suffering
- A decrease in life quality
- Loss of enjoyment in your hobbies
- Negative impacts on relationships
Although there are no bills that can prove the monetary value of your emotional damages or pain and suffering, you still have to prove these losses. Keep a journal including your records of treatment, your pain level, doctor’s appointments, and notes about your mental and emotional health. Other options include medical records and expert testimony.
They’re calculated separately from compensatory damages. Primarily, punitive damages serve as a deterrent or a punishment for a defendant if the action that caused the injury was intentional, malicious, or egregious. In North Carolina, a few factors are considered in such a scenario.
The egregiousness of the conduct. According to North Carolina law, “egregiousness” is the deliberate and conscious disregard of and indifference to the safety and rights of others, which that defendant should know or knows is reasonably likely to lead to injury or damage.
Defendant’s ability to pay. If you sue a particular defendant for costs associated with your injury, the court won’t allow the plaintiff to present evidence concerning the defendant’s assets or wealth. However, if you file a claim for punitive damages, then you’re permitted to present this evidence. Furthermore, the plaintiff’s lawyer might offer evidence of available insurance to enable the jury or judge to establish the damages that can reach the defendant’s funds.
How Is Liability Determined?
In order to prove liability, you must establish the defendant was negligent. This involves four elements:
- Duty of Care: The plaintiff needs to show the court that the defendant owed the injured person a duty of care in that situation.
- Breach of Duty of Care: The plaintiff needs to prove how that defendant violated the duty of care. It can be through a specific action or inaction if another reasonable person in the same situation might have acted appropriately.
- Causation: The plaintiff needs to prove that the defendant’s actions resulted in the injury – and not another cause.
- Damages: The plaintiff must show they experienced damages, such as injury and financial expenses.
It’s worth noting that North Carolina runs under a contributory negligence doctrine. Therefore, if the court decides that you’re even 1% responsible, you won’t be eligible to obtain compensation for damages. That is one reason why you need a skilled lawyer to prove liability.
How Much Time Do I Have to File a Personal Injury Claim in North Carolina?
Each state has its time limits on the duration you’re allowed to file your personal injury lawsuit. According to North Carolina law, you have a three-year duration after the actual accident date. The statute of limitations usually applies to lawsuits. Therefore, it’s prudent to file an insurance claim before you run out of your eligibility to file a lawsuit.
Although this statute of limitations is commonly used, the rules are quite different if that defendant is a government agency or the government. Obtaining compensation from the government is a hard process. Therefore, discussing your situation with an attorney is imperative.
How Much Will a Huntersville Personal Injury Lawyer Cost?
At 1Charlotte, we believe that you should walk away with the rightful share of compensation. Therefore we use a contingency fee arrangement. This means that we receive a percentage of the settlement or compensation awarded by the court. We only get paid if we win your case.
Types of Personal Injury Cases that We Handle
We handle a variety of personal injury cases, including:
Contact Us for a Free Case Review
Here at 1Charlotte, we represent personal injury victims in North Carolina. Our job is to help our clients through the entire compensation process. Do you have a personal injury and require legal representation? Call us now at 704.706.2689 or use our online contact form to schedule your free consultation.