Fault for personal injury in North Carolina is not the same as fault in other states. Even though another party’s negligence caused an injury, a valid personal injury claim in North Carolina requires special degrees of fault. When the injured victim is found to have a degree of fault in their own injury, the victim may not be able to sue the negligent party. This is called contributory negligence.
Changes in NC workers’ comp laws that occurred in 2011 affect injured workers by capping temporary payments for a totally disabled employee at 10 years. The maximum time for wage benefits for death benefits and the partially disabled was extended as well. All of these changes are covered under the Protecting and Putting NC Back to Work Act.
Medical malpractice laws in NC changed during the same year, also enforcing new caps on payments. Malpractice non-economic damages are capped at $500,000; these are damages such as emotional distress, pain and suffering.
No matter what changes take place in NC personal injury laws, victims should document all evidence that may be needed for a case—even if they are unsure about filing an injury claim at the time of the accident. Dates, receipts, names of witnesses, photos of the accident scene and injuries, all of these pieces of evidence will help NC personal injury attorneys build a strong case to win you the most compensation you’re entitled to. However, due to North Carolina’s statute of limitations, if victims do not file a lawsuit within three years of the date of injury they are no longer able to file a lawsuit.