Personal injury claims are a common type of case that many people face at some point in their lives. The following article will help you understand how personal injury claims work so that you know what to expect from them. It will also provide you with information in understanding the types of personal injury claims in North Carolina.
What qualifies as a personal injury claim?
A personal injury is any harm or damage caused by another person’s negligence, carelessness, recklessness, or other wrongful act. This can include physical injuries such as broken bones and cuts, emotional distress, loss of income due to medical expenses, and more.
The most important thing about personal injury cases is that they can be very complicated and involve multiple parties. For example, if a driver hits your car while driving on the road, this could qualify as a personal injury case. If you were injured because of someone else’s negligence or wrongdoing, then you may have a valid personal injury claim.
What are the different types of personal injury claims in North Carolina?
The following is a brief overview of some of the most common types of personal injury claims that occur in North Carolina:
1. Automobile Accidents
Automobile accidents can be caused by many factors, including driver error and mechanical failure. If you were injured as a result of an automobile accident, it is important to determine who was at fault for causing the accident.
It may also be necessary to determine whether your injuries qualify for compensation. In addition, if you have been involved in an auto accident with someone else’s vehicle, you may be able to recover damages from the other party’s insurer.
2. Motor Vehicle Accidents
Motor vehicle accident cases arise when drivers fail to obey traffic rules or drive recklessly. Motor vehicle accidents can cause many types of injuries which can range from minor cuts and bruises to broken bones and head trauma. If you were involved in a motor vehicle accident, you may have grounds based on negligent driving to pursue compensation for your losses.
3. Medical Malpractice
A medical malpractice claim involves negligence on the part of a health care provider. Health care providers must meet certain standards when providing services to patients. For example, they must exercise reasonable care, skill, and diligence in treating their patients. They must provide appropriate treatment and follow up after each patient visit.
When health care providers make errors, these errors can result in unnecessary suffering, permanent disability, or even death. If you believe that a doctor or nurse failed to meet these standards, you may have grounds for filing a medical malpractice claim against them.
4. Dog Bites and Animal Attacks
If you were bitten or attacked by another person’s dog, you may be entitled to file a civil lawsuit against the owner of the dog. You will need to prove that the dog had vicious propensities, such as attacking without provocation. This type of case is referred to as a “vicious animal” action.
5. Premises Liability
Premises liability refers to lawsuits arising out of injuries sustained on someone else’ s property. Examples of common premises liability claims include slip and fall incidents, trip and falls, and animal attacks. If you were injured because of unsafe conditions at a business, restaurant, or public place, you may have grounds under premises liability laws.
The owner of the property might owe you a duty of care based on his or her status as the landowner. For example, if you slipped on ice while walking through a parking lot owned by a grocery store, the store owner would likely owe you a duty of ordinary care. However, if you fell down an icy stairway located inside the building, the owner of the building would probably not owe you any duties of care.
6. Products Liability
Products liability cases involve injuries resulting from defective products. A product defect exists when a manufacturer or seller has created a product that does not perform as intended. Many times, a product defect results from faulty design or manufacturing. Other times, defects arise from problems during distribution or use. If you were injured due to a defective product, you may have grounds to file a products liability claim against the manufacturer of said product.
7. Wrongful Death
Wrongful death occurs when someone dies as a direct result of another person’s negligent act, omission, or breach of contract. Most states allow family members to bring wrongful death claims on behalf of deceased individuals. These claims are often filed by survivors of the decedent. However, some states allow only the decedent’s estate to pursue wrongful death claims. For example, if a driver negligently struck and killed a pedestrian, the driver’ s estate might be held liable for damages.
8. Nursing Home Abuse
Nursing home abuse occurs when nursing home employees mistreat residents or fail to provide adequate care to residents. This includes neglecting basic needs, such as food, clothing, and shelter. It also includes physical abuse, sexual assault, and psychological manipulation. If you believe that a nursing home employee harmed a resident, you may have grounds in a nursing home abuse case.
9. Construction Site Accidents
Construction site accidents refer to injuries that occur while working on construction sites. Common causes of construction site accidents include falling objects, electrocution, and machinery malfunction. If you were hurt during a construction project, you may have grounds to file a personal injury claim.
What is the statute of limitations for personal injury claims in North Carolina?
The statute of limitations for personal injuries varies depending upon where the accident occurred. In North Carolina, the statute of limitations for personal injury cases is three years from the date that the injury happened to the date that the injured person goes to the court and files the lawsuit. An exception to this is when the incident results to death in which case the statute of limitations is at 2 years.
What happens if you don't follow the statute of limitations?
If you do not file your lawsuit within the time limit specified by law, then the courts will dismiss or may not even accept your case. The statute of limitations is very important because it protects defendants from having to defend themselves in lawsuits that are too old.
What do I expect to receive as settlement?
A personal injury claim can be settled for many different amounts. Some settlements are based on the amount of medical bills incurred, lost wages, pain and suffering, etc. However, most settlements are based on the value of the loss suffered by the victim.
For example, if a car hits another vehicle causing damage to both vehicles, the owner of the damaged vehicle may sue the other driver for compensation. If the other driver has insurance coverage, then the insurance company will pay the full amount of the damages. If the other driver does not have insurance, then the owner of the damaged car may sue the other driver.
What types of compensation can be recovered?
There are several types of compensation that can be recovered in personal injury cases. These include:
1. Medical expense
Medical expenses can be recovered for treatment of physical injuries caused by the accident. Examples of these include hospital bills, doctor fees, ambulance services, and prescriptions.
2. Lost wages
Lost wages can be recovered for the period of time during which the victim was unable to work due to the accident.
3. Loss of consortium
Loss of consortium refers to the loss of companionship and affection that occurs when one spouse loses the ability to engage in sexual relations with the other spouse.
4. Loss of enjoyment of life
Loss of enjoyment of life refers to the inability to enjoy normal activities such as hobbies, sports, and social events.
5. Property damage
Property damage can be recovered for damages done to property owned by the victim. Examples of this include cars, homes, and businesses.
Do I need a lawyer for my personal injury case?
Yes, you should consider hiring a lawyer for your personal injury case. A lawyer can represent you in court and negotiate a fair settlement. He or she can also ensure that you receive full compensation for your injuries.
Aside from that, a lawyer will be able to help you with all aspects of your case including:
• Negotiating a settlement;
• Preparing for trial;
• Finding expert witnesses;
• Obtaining medical records;
• Investigating the cause of the accident;
• Collecting evidence;
• Asking questions at depositions;
• Making sure that you get paid;
• Working with insurance companies;
• Drafting legal documents;
• And more
How do I find a qualified personal injury lawyer in North Carolina?
You should start looking for an attorney who specializes in personal injury cases. You can search online for attorneys in your area using Google or Yahoo. You can also ask family members, friends, coworkers, neighbors, and others about their experiences with lawyers.
The next step is to visit the websites of local bar associations. These sites usually list the names of lawyers who practice in your area. You can contact these lawyers directly to inquire about their qualifications and experience.
Once you have identified several potential candidates, you can begin interviewing them. Ask them about their background, education, training, and experience. Make sure they understand the type of case you are dealing with. Finally, make sure that you feel comfortable with this particular lawyer before hiring him or her.
Oxner + Permar can help!
Oxner + Permar has lawyers that specialize in representing clients in personal injury claims. We know how important it is to receive the maximum compensation possible after being injured due to someone else’s negligence. That is why we work hard to provide our clients with the best representation available. Our team of highly skilled lawyers will fight for you until we achieve the results you deserve.
To learn more about Oxner + Permar, please call us today at 1-800-319-9000 or email us at [email protected]