The Different Types of Personal Injury Claims in North Carolina (2024)

When an accident happens in North Carolina, the resulting injuries can have a huge impact on the victim’s life. By taking the time to understand the various types of personal injury claims in North Carolina, the victim is more empowered to seek an appropriate level of compensation. Whether you have been injured in a car accident, slipped and fell at work, or are a victim of medical malpractice, understanding how to file a claim can help you recover.

Car Accidents

Car accidents are among the most common types of personal injury claims in North Carolina. From minor fender-benders to more extreme examples of collisions that have resulted in long-term disabilities, victims of these accidents can seek compensation for any medical expenses, salary lost from work, or even damage to their vehicle.

Slip-and-Fall Accidents

A slip-and-fall accident happens when someone becomes injured on another person’s property due to a hazardous condition they did not see, like a wet floor. Property owners in North Carolina have a legal duty to keep any premises they own safe for occupants and visitors. Any failure to uphold this responsibility can lead to liability. To prove the property owner was negligent in your case, you will need to demonstrate how they knew or should have known the condition existed and failed to address it.

Medical Malpractice

Cases of medical malpractice arise when a healthcare professional causes injury or harm to one of their patients after deviating from the standard of care. This can include cases where a surgeon made an error during a procedure, a physician misdiagnosed a patient, or a nurse issued someone the wrong type of medication.

Because healthcare is difficult for those not in the field to understand, personal injury attorneys often bring in industry professionals, called expert witnesses, to testify in the case. An expert witness can testify that the healthcare provider in question acted in a way that was different from what any other reasonable professional would have done in that situation.

Workplace Injury

Every occupation in North Carolina poses some risk of injury to those who work in the space. This can include environments as complicated as construction sites or more sterile places like a corporate office. While workers’ compensation will cover many of these injuries, evidence to suggest that a third party caused the injury provides an opportunity for the plaintiff to pursue a personal injury claim.

Product Liability

All product liability claims involve someone alleging that their injuries were caused by a defective or dangerous product. Liable parties in these cases can include manufacturers, distributors, and even a retailer who sold the item. If there is any evidence that the product was unsafe due to a design flaw or manufacturing defect, a victim can pursue compensation if they can link their injuries to a specific issue with the product.

Dog Bites

Being bitten by a dog can cause significant physical and emotional trauma to a victim. In North Carolina, dog owners can be held liable if their pet injures someone. This is especially true if they have a history of aggressive behavior or if the owner violated a local leash law. Victims of dog bites can work with their attorney to recover medical expenses, lost wages, and even any pain and suffering that can be linked directly back to the dog bite.

Wrongful Death

A wrongful death claim can be applicable to any scenario where someone has died due to the negligence or misconduct of another person. These claims can be filed by surviving family members who now face the burden of funeral expenses, loss of companionship, and emotional distress from losing their loved one. To successfully prove wrongful death, evidence must make it clear that the defendant’s actions are directly linked to the victim’s passing.

FAQs

Q: How Long Do Personal Injury Cases Take to Settle in North Carolina?

A: The length of time it will take to settle a personal injury case in North Carolina varies based on how complicated the legal matter is. More straightforward cases with clear liability typically settle more quickly. In more complicated cases where liability is disputed, and there are a number of injuries to investigate, the timeline could be extended. Settling out of court will always be a faster path than advancing a case to trial.

Q: What Is the Statute of Limitations for Personal Injury in North Carolina?

A: Victims of personal injuries have three years from the date of their injury to pursue a case in North Carolina. If you miss this deadline, you will be forced to forfeit your right to seek compensation for the damages you sustained. One exception to this rule is scenarios where someone realized they had injuries after the date of the event. In these cases, the statute of limitations will not begin until the date when they discovered their injuries.

Q: What Is Personal Injury in North Carolina?

A: Personal injuries in North Carolina occur when one individual has caused physical or emotional harm to someone else through their own negligence or misconduct. Examples of cases that fall within the legal context of personal injury include car accidents, workplace injuries, and product liability claims. In these scenarios, it’s advised to work with a personal injury attorney who can help you link your injuries to the other party’s actions to secure a compensation award.

Q: Can You Sue for Emotional Distress in North Carolina?

A: Yes, you are able to sue for emotional distress in North Carolina. It is a myth that only physical damages can be included in a settlement offer. To prove emotional distress has occurred, you will need to present evidence like medical records and testimonies from your mental health counselor. To ensure your case has the necessary elements to sue for emotional distress, hire an attorney to assess its qualifications.

Contact Christina Rivenbark & Associates Today

To file a successful personal injury claim, you need a qualified attorney on your team.  At Christina Rivenbark & Associates, we have vast experience with many types of personal injury cases, from car accidents to premises liability. Contact us today to begin the process and see how we can help secure a settlement for your case.