How to File a Personal Injury Claim in Charlotte
When a person is injured as a result of someone else’s negligent, reckless, or unlawful behavior, the injured individual has the right to take legal action. North Carolina laws permit victims of negligent and wrongful conduct to file personal injury claims or lawsuits against the at-fault person or party. The purpose of a personal injury claim is to compensate the injured party for his or her damages, which may include things like medical bills, lost income, and disability leading to future lost earnings. It is also meant to compensate the victim for certain, more intangible losses, such as pain and suffering.
At Payne Law Firm, we believe that victims of negligence deserve justice. While we know that no amount of financial compensation can ever undo what you have been through, we also understand that a successful personal injury lawsuit can allow you the ability to recover, heal, and move forward with your life. We take our job seriously—our only goal is to help you secure the maximum recovery you are owed. Throughout the process, we will provide you with the personalized, considerate service and aggressive advocacy you deserve.
Serious Lawyers for Serious Accidents
Anyone who has been involved in an accident is likely concerned with the damages they will be able to recover. “Damages” refers to various economic and non-economic losses a person sustains as a result of being injured or losing a loved one due to negligence or wrongful conduct.
Every case is different, meaning the exact damages you will be able to recover could vary slightly. However, most personal injury cases allow plaintiffs to recover the following:
- All medical costs associated with the accident/injuries
- Pain and suffering, including emotional distress
- Future projected medical expenses
- Lost wages/income
- Future lost earnings
- Loss of earning ability (disability)
- Property damage
In some cases, victims of egregious negligence or unlawful conduct can also recover punitive damages. These are meant to punish the at-fault person or party and send a message that such conduct will not be tolerated.
If you have been injured in any type of accident or have lost a loved one due to the negligent or wrongful actions or omissions of another, our personal injury attorney in Charlotte is prepared to fight for the justice and recovery you deserve.
We provide client-focused, results-driven representation and have earned a reputation for never backing down from even the most difficult of challenges. Insurance companies know that we will fight tirelessly for our clients.
Arguably, the most important element of any personal injury claim is the issue of liability. You can only bring a claim if you can prove that another person or party is legally liable for your damages. Generally speaking, the liable party is the party at fault for the accident or event that caused your injuries. For example, a negligent driver who caused an accident that left you severely injured would, in most cases, be the one liable for your resulting medical bills and other damages.
In order to have grounds for a personal injury claim in North Carolina, you must be able to prove the following elements:
- Duty of Care: You must prove that another person/party owed you a duty of care, meaning they had a legal responsibility to take reasonable actions to prevent you from coming to harm.
- Breach of the Duty of Care: You must prove that the person/party who owed you the duty of care breached this duty, typically by acting negligently or unlawfully.
- Damages: You will also need to prove that you were injured and suffered damages, which can be either economic or non-economic in nature, as a result of your injuries.
- Causation: Lastly, you will need to establish that the direct or proximate cause of your injuries and damages was the breach of the duty of care.
At Payne Law Firm, we conduct exhaustive, comprehensive investigations and case preparation in order to establish all of the above elements on your behalf. Our personal injury lawyers in Charlotte often work with industry experts, such as accident reconstructionists, economists, expert witnesses, and medical professionals, in order to build the strongest possible case.
How Long Do You Have to File a Personal Injury Claim in NC?
When deciding whether or not to file a personal injury lawsuit, it's important that you act quickly. This is because each state has it's own set of deadlines when it comes to pursuing compensation for your injuries. This is known as the “statute of limitations.” North Carolina's statute of limitations is 3 years from the date of your injury. That means that if you wait more than 3 years to file your claim, your case will most likely be dismissed. There are some minor exceptions to this rule; for example, when filing a wrongful death claim you must file your claim with the court within 2 years of the date of your loved one's death. Don't delay! Get the representation you need today.
How Is Pain and Suffering Calculated in North Carolina?
There is no set method for calculating fair compensation for pain and suffering. This is why it's so important that you hire a lawyer who takes the time to understand what you're going through and is able to factor your day-to-day struggles into a fair settlement amount. In most cases, this part of your settlement will be calculated on a “per diem” or per-day basis. Want more information about how your attorney goes about calculating pain and suffering? Reach out to our NC injury attorneys today!