Unraveling North Carolina’s Personal Injury Laws: A Comprehensive Look at Claims and Compensation

What Do People Need to Know About North Carolina’s Personal Injury Laws?

Perhaps the most important aspect of North Carolina’s personal injury laws that people must understand is comparative negligence. Comparative negligence is the legal assessment of blame that is used when more than one person is at fault for an accident that caused the victim’s injury. Across the U.S., each state uses one form of comparative negligence that decides how much blame is assessed to each party in the accident and whether or not the victim is eligible to receive damages.

• Pure comparative negligence. This law says that even if the victim is found 99% at fault for the accident, they can still receive 1% of any damages awarded to them. 
• Modified comparative negligence. This law says that if the victim is found roughly half at fault for the accident (the percentage varies from 50-51% depending on the state), they can’t receive damages. If their fault is lower than half, they can receive damages, but the amount will be reduced by the percentage of fault assessed.
• Contributory negligence. This law says that if the victim is even 1% at fault, they’re ineligible to collect damages.

North Carolina is one of only four states, along with the District of Columbia, that uses contributory negligence. That means that if the person or entity against whom the victim files claims (the defendant) can prove the slightest bit of fault on the victim’s part, the victim receives nothing.  

The defendant has the burden of proof in terms of proving the victim had any fault. But when the bar is only 1%, it can all too easily be achieved. 

What Does it Take to Prove Negligence in North Carolina Personal Injury Claims?

Successful personal injury claims have four elements, each of which must be proven.

• Duty of care. This means someone (the defendant) should behave cautiously around others to avoid harming anyone or anything.
• Breach of the duty of care. The plaintiff did not take adequate, reasonable caution.
• Causation. Because the plaintiff didn’t take adequate caution, an accident occurred that caused injuries. This can be the most difficult to prove.
• Damages. The victim suffered injuries and financial losses (medical bills, lost wages, vehicle repair) because of the accident caused by the plaintiff’s breach of the duty of care.

In North Carolina, it’s likely that the plaintiff’s legal team or insurance company (or both) will attempt to prove that the accident was partly caused by the victim so they don’t have to pay damages. For example, the victim was injured when their car was struck by a driver under the influence of alcohol. However, a nearby security camera had footage proving the victim had run a red light. Both parties were at fault, but they couldn’t receive damages because the victim was not 100% blame-free.

That’s one reason it’s crucial to work with an experienced North Carolina personal injury attorney when pursuing personal injury claims. They understand the law and the stakes involved in preventing fault from being assessed to the victim. 

What Is the Statute of Limitations for Filing Personal Injury Claims in North Carolina?

This is another critical factor that could affect personal injury awards. A statute of limitations is the legal deadline by which claims must be filed to be considered. If the claims aren’t filed until the statute of limitations has elapsed, they’ll likely be rejected outright, and the victim will have little recourse.

In North Carolina, most personal injury claims must be filed within three years of the date of the accident or incident that caused the injury. However, there are a few exceptions to this.

• Minors. If the victim is a minor at the time of the injury, the limitations clock doesn’t begin until they turn 18. That means they have until they’re 21 to file claims.
• Discovery. Sometimes, an injury isn’t diagnosed or discovered immediately. In those cases, the limitations clock begins at the point where it was discovered or should reasonably have been discovered.
• Mentally incapacitated. If the injury caused the victim to be mentally incapacitated, the clock may be stopped until they return to mental competency. 

There may be other exceptions. Check with an experienced personal injury attorney to see if your case might have an option. 

What Compensation Could Be Expected if My Personal Injury Case is Successful in North Carolina?

There are three types of compensation someone might be awarded.

• Economic. This covers the victim’s out-of-pocket expenses, including medical bills, therapy costs, lost wages, and vehicle repair.
• Non-economic. This addresses non-financial accident results, such as pain and suffering. It’s vital to work with an attorney when considering filing for non-economic damages, as they can be complex to assess and prove.
• Punitive damages. This applies only in cases where the plaintiff is deemed to have caused significant risk. It’s not necessarily intentional, but the plaintiff should have been aware of the risk. Punitive damages are meant to deter similar behavior in the future. 

What Should I Do if I Need Help with a Personal Injury Case?

Call Brent Adams & Associates at 910-249-6891 to schedule a free consultation. Personal injury cases can be complex, and North Carolina’s contributory negligence laws raise the stakes considerably. Our team of experienced, knowledgeable personal injury attorneys can review the specifics of your injury and advise you as to what approach may be best. At Brent Adams and Associates, you don’t pay unless we win.