With the help of a Raleigh personal injury lawyer, you can be put in the strongest position possible to make a successful personal injury claim.
Raleigh personal injury law is a body of rights and obligations that is applied by the courts in civil actions to provide relief for individuals who have been injured as a result of the mistakes, carelessness or willful misconduct of others. Personal injuries can have a dramatic impact upon a person’s life as well as their families. Not only can these injuries cause prolonged or permanent physical impairment that often require medical treatment but they can also have long-term effects on the victim’s way of living and their ability to work and earn a living.
Negligence Most personal injury cases in the city of Raleigh are based on negligence. These cases often involve auto accidents, slips and falls and medical malpractice. If you have been injured as a result of negligence on the part of an employer, doctor, hospital and other entities, you may be entitled to recover damages under the jurisdiction of Raleigh personal injury law, provided that you are zero percent at fault. If it has been found that you are also at fault for your injuries, even if it is just one percent, you cannot recover damages.
To be compensated, you need to prove under Raleigh personal injury law that the other party is liable for your injury. It is important to show that your injury is the result of someone else’s negligent actions and not your own. You should also prove that the damages incurred are a result of the other party’s failure to exercise care around you. Proving a permanent injury requires a series of treatment, examinations and evaluation by a doctor or group of medical experts. A Raleigh personal injury lawyer can help put you in contact with these individuals and also help you identify who to name as being responsible for your injuries.
Intentional Wrong If your injury was not caused by an accident but was the result of someone intentionally hurting you, you can also recover damages under Raleigh personal injury law. Common cases that are usually based on someone else’s willful acts include assault and battery. If someone hurts you or threatens you, you should speak with a Raleigh personal injury lawyer and see if you have the grounds to file a personal injury claim. Since it is quite hard to prove that somebody intentionally harmed you, the expertise of a Raleigh personal injury lawyer can help strengthen your case.
Strict Liability Most defendants in personal injury cases that usually fall under Raleigh personal injury law based on strict liability are business enterprises that are engaged in potentially dangerous activities, such as building, refurbishing or demolishing buildings. Even if care has been exercised by such companies to prevent someone from being injured, they can still be held responsible to pay damages if someone gets harmed as a result of their activities. In most cases, there is no need for the victim to prove negligence as merely proving that the harm done is due to the dangerous activity or product use is enough to obtain compensation from the liable party. However, this may not be so simple and easy as most companies have a team of lawyers who will represent them if such a claim is filed against them. Facing a team of lawyers on your own can be quite intimidating, so if you do feel you are entitled to file a personal injury claim, you should enlist the help of a Raleigh personal injury lawyer who will be able to provide you with support and assistance.
Time Limits in Filing a Raleigh Personal Injury Lawsuit If you want to recover damages for your injury, you should act immediately as there is a time limitation period in which you can file a lawsuit against the party at fault. For negligence based cases, Raleigh personal injury law allows victims to file claims within three years from the discovery or act, whichever comes first. Wrongful death claims should be brought within two years from the victim’s date of death.
For medical malpractice cases, the statute of limitation is three years, while product liability lawsuits should be filed within six years from the date of initial product purchase. Assault, battery and other lawsuits that are based on intentional wrong should be brought to the court within one year from the day the incident occurred. Therefore, if you feel you have the grounds for a personal injury claim, you should get in contact with a Raleigh personal injury lawyer as soon as possible after the accident has occurred.