North Carolina Personal Injury Lawsuit
Who Can File a Personal Injury Lawsuit?
Anyone with evidence negligence caused their injuries and resulting damages can file a personal injury lawsuit in North Carolina. If you think that someone else’s actions caused the accident that resulted in injuries, you could be eligible to take legal action.
The best way to know if a lawsuit is the right move is to talk to a personal injury lawyer. Choose a firm that specializes in these cases and operates in North Carolina. They know the laws, have experience, and have the resources and expertise to investigate and prove your case.
When Should I File My Lawsuit? Is There a Time Limit?
Yes, there is a time limit on filing a personal injury lawsuit in North Carolina. State law gives you three years from the time that you incurred the injury. This is the statute of limitations, and there are very few exceptions to it. Talk to a lawyer as soon after an accident as possible.
What Can I Expect When Filing a Personal Injury Lawsuit?
Anyone can file a personal injury lawsuit in North Carolina, and the steps are straightforward. It is not an easy process, though. You’ll need an experienced personal injury lawyer to take you through the steps:
- Filing a complaint. Your lawyer will do the paperwork to begin the lawsuit, known as a complaint. This outlines the case and allegations. It also serves to notify the defendants and begins a discovery period during which both sides have time to build a case.
- Building a case. During discovery, both legal teams will investigate the incident. They will talk to witnesses, look at the evidence, and get depositions. Your lawyer will also contact any experts who can help your case, such as doctors or construction professionals.
- Negotiating a settlement. If you can avoid a trial, it’s usually best for both sides. With a trial, you risk not getting any compensation. The defendants risk paying more. Your lawyer will try to settle, but you can go to trial if the amount offered isn’t fair. The decision is yours.
- Litigating. Your lawyer will then take your case to a North Carolina court, where a jury will decide if the defendants are liable for damages. The jury decides the amount to be awarded if the outcome is in your favor.
- Appealing or fighting an appeal. If you don’t like the jury verdict, you can appeal it and ask a higher court to overturn it. The other side can do the same, which means your lawyer will fight the appeal. Either situation delays compensation for you.
How Will My Lawyer Show the Defendant is Liable?
A personal injury case may be straightforward with obvious proof the defendants caused your accident, injuries, and resulting expenses. It can also be more complicated, especially if you have any degree of blame. In North Carolina, for instance, the defendants may prove you share some blame for the incident and request your damages be reduced.
Your lawyer must build a strong case to show the defendants are fully liable or more liable than you. They need to show that the defendants acted unreasonably and that this directly resulted in the incident, your injuries, and your costs. In other words, if the defendants acted more reasonably, could the incident have been avoided?
How Much Can I Get from a North Carolina Personal Injury Lawsuit?
The amount of compensation you can get in a North Carolina personal injury lawsuit depends on the individual factors of your case as well as state law. The state caps non-economic damages at $500,000. This means you can ask for no more than that for non-economic costs like pain and suffering. To estimate economic damages, your lawyer or the jury will look at:
- The medical bills you have accumulated so far
- Expected future medical expenses, including things like home care and therapy
- Lost wages from missing work because of injuries
- Lost future earning potential if you cannot return to the same job or work at all
Examples of Personal Injury Lawsuits from North Carolina
Examples of personal injury lawsuits in North Carolina can help you understand what is possible in these cases. No one can predict if you’ll win or how much you can recover, but it helps to know what has happened in past cases:
- In Asheville, a hotel employee fell from a loading dock in 2012. He suffered a traumatic brain injury from the fall. He was offered $165,000 from workers’ compensation insurance, but his legal team managed to get a $1.75 million settlement.[1]
- After Franklin Finch died from mesothelioma in 2017, his widow filed a wrongful death lawsuit against several companies. She alleged he developed cancer from asbestos exposure at his job of 20 years at a tire plant. One defendant, Covil Corporation, went to trial, where the jury awarded Mrs. Finch $32.7 million. The company appealed, and a North Carolina court upheld the jury award.[2]
- A case involving a North Carolina industrial hog operation resulted in a 2018 jury verdict of $750,000 to several families. They started the lawsuit against Smithfield for contaminating their homes near the operation with an unbearable smell. They alleged that the smell caused harm and damages. The company has appealed, but the verdict has held so far.[3]
These and many other cases in North Carolina illustrate how serious the incidents behind personal injury cases can be. They are not frivolous but important legal actions that hold people and companies accountable. If you suffered a personal injury in the state, talk to a lawyer about your options and filing a lawsuit.