North Carolina state laws dictate how personal injury claims are handled in their jurisdiction. These regulations cover the timeframe in which a claimant is required to file his or her claim as well as the amount and type of compensation a claimant is entitled to.
Your claim is more likely to be successful if you enlist the help of an experienced personal injury attorney. He or she will guide you through the filing process and help you receive the correct compensation from the correct parties.
North Carolina is a “Comparative Fault” State
Although most comparative fault states have strict regulations regarding each party’s degree of responsibility, North Carolina does not. There is no set percentage of fault that determines if a claim may or may not be filed. This means that the injured party may be partially responsible for their own injuries. Whether or not your claim will be heard in court depends upon the circumstances surrounding each specific case.
The amount of compensation a claimant is entitled to will vary from case to case. The court will consider the claimant’s degree of fault, the defendant’s degree of fault, and the severity of the injuries suffered when determining the compensation that will be awarded. These same factors will be taken into consideration when the court determines who will be responsible for paying damages.
Potential Damages for Personal Injury in North Carolina
In the state of North Carolina, claimants can seek compensation for economic losses. Economic losses include property damage, loss of wages, loss of future earnings, medical expenses, and the cost of additional supportive care. Non-financial damages include compensation for pain and suffering.
Statute of Limitations for Personal Injury Claims in North Carolina
To receive compensation for damages, claimants must file their claim within a set statute of limitation. The statute of limitation for liable or slander is one year, for wrongful death it is two years, and with all other personal injury claims it is three years. The statute begins the moment you realize you have suffered harm as a result of another parties negligent actions.
If however, your injuries are not immediately apparent, you may still be able to file a lawsuit—even after the statute of limitations has expired. To do so, you will need to work with an attorney familiar with handling “exceptions” under North Carolina personal injury laws.