- May 30, 2024
Sustaining a personal injury is both traumatic and confusing, regardless of the fact that such occurrences are very common in the U.S. If you’re dealing with a personal injury in Charlotte, you’re probably wondering about the legal framework and the ways to get compensated for the pain, suffering, and related expenses. A North Carolina personal injury lawyer will give you a better idea by reviewing your case, examining the evidence, and suggesting the course of action that’s best aligned with the reality of the situation.
North Carolina Personal Injury Laws
According to the National Safety Council, personal injuries cost 1.225 billion dollars per year and cause over 224,930 preventable deaths.
The most common kinds of personal injuries include car crashes, work-related accidents, medical malpractice, and defective product use. The workplace-related injuries alone exceed 2.8 million on an annual basis.
All important facts and legal stipulations pertaining to personal injuries in North Carolina are outlined in N.C. Stat. § 1-52(5) (2024). A personal injury arises whenever an individual sustains injuries because of another person’s negligence or intentional harmful actions. Under North Carolina regulations, a personal injury can be physical harm, mental distress, or a permanent disability that contributes to long-term financial difficulties.
The person who has gotten injured is the one responsible for proving negligence or reckless behavior on behalf of the other party involved. A three-year statute of limitations applies to Charlotte personal injury cases.
Types of Personal Injury Compensation
Several compensation forms are available for personal injuries in North Carolina:
- Insurance coverage: Whenever a car accident or a workplace injury occurs, for example, insurance coverage will be used to pay for the medical expenses and the other costs associated with the accident.
- Reimbursements for property damage: Property damage can occur in the case of car accidents, violent crime, and even dangerous or defective product use. When that happens, the other party will be responsible for financial compensation that covers the loss.
- Compensation for lost wages: Someone who loses their ability to earn an income because of a personal injury will be entitled to a more significant compensation that accounts for that significant change.
- Compensation for pain and suffering: Personal injuries often lead to chronic pain, as well as a loss of life quality. The person who gets hurt deserves to be compensated both for the physical pain and the mental anguish they’ll be going through.
Understanding Contributory Negligence in North Carolina
North Carolina is one of the few places in the U.S. that have contributory negligence laws in place. In fact, it’s one of four states that haven’t replaced this doctrine with a more contemporary legal stipulation.
Contributory negligence means that even if you are at minor fault for an accident that led to a personal injury, you may be incapable of recovering compensation. Defendants can use this type of defense, especially if they have some proof to establish responsibility.
Because of such a defense scenario, recovering compensation in North Carolina can become tricky. Something as simple as turning left at a crossroad when the traffic light is green without having the turn signal on can be considered contributory negligence (even if you are hit by a speeding driver who is recklessly neglecting traffic regulations).
The all-or-nothing nature of the contributory negligence law gives the court the freedom to assign responsibility without having to understand who’s responsible for an accident and to what degree (as in the case of comparative negligence). Because it is so categorical, however, the law often leads to outcomes that are unjust and completely unfair to the injured individual.
Contact a Charlotte Personal Injury Attorney Immediately
You are entitled to financial compensation for the traumatic event that occurred. The legal process in North Carolina, however, isn’t straightforward. A good understanding of contributory negligence will be important to handle the case in the most uncompromising way that yields optimal results.
Getting in touch with a Charlotte personal injury lawyer as soon as feasible is the best way to go. This professional will review the documentation and evidence. They’ll understand eventual weaknesses in the case that the defendant could exploit. Together, you will come up with a course of action that will help for a just and satisfactory outcome of the legal proceedings.
Contact our knowledgeable personal injury lawyers now at 704-706-2689. The first consultation is free of charge, allowing you to better grasp the situation and the options you have for future recovery.
