Q I don't live in North Carolina, but I slipped-and-fell while traveling there. Do I file my accident injury claim in North Carolina?
Generally the state in which an accident occurs is where an injury claim must be filed if the negligent party does not settle out of court. If your slip-and-fall accident occurred in North Carolina, our state's statute of limitations would apply to your claim. However, this is not true in all cases. Without knowing all the details concerning your accident, a number of other factors could change our answer:
Were you traveling in North Carolina for work-related purposes? If so, you would likely be eligible for workers' compensation benefits in the jurisdiction where your employer is headquartered. For example, a North Carolina resident and employee who is injured while traveling out of state on a work trip would file a workers' comp claim with the North Carolina Industrial Commission, even though the injury occurred across state lines.
What factors contributed to your fall? Was a sidewalk poorly maintained--did you slip on loose stones? If a property owner failed to properly maintain walkways, you will need to pursue them for compensation. Were you drunk or intoxicated at the time of your fall? North Carolina has a contributory negligence law which provides an individual may not collect compensation for injuries or damages that resulted by any action of their own, even the slightest degree. Did you seek medical attention immediately following your accident? Some injuries may take time to develop--like brain injuries--and these could affect required surgeries, lost work, and more - considerably changing the amount of compensation you are entitled to.
The answers to all of these questions could change how you approach and proceed with your injury claim. The slip-and-fall accident attorneys at Brent Adams & Associates meet with individuals for a consultation at no charge. Our lawyers only earn money when we win money for clients. Schedule a consultation today.