How Do You Know If You Have a Personal Injury Case in North Carolina?

You may have grounds for a personal injury case in North Carolina if you have been hurt because of someone else’s negligence or other wrongful conduct.
An experienced personal injury lawyer can review your case in a free consultation and advise you on your options.

What Are Some Types of Accidents That Could Lead to a Personal Injury Case?

In North Carolina, someone who causes an accident that injures another person can be held liable for that person’s injuries.

The following are common accidents that give rise to personal injury cases:

• Motor vehicle accidents, including car, truck, and motorcycle accidents
• Cyclist and pedestrian accidents
• Slip and falls
• Dog bites
• Medical malpractice

What Evidence Do You Need to Make a Personal Injury Claim?

To make your personal injury claim, you must show that someone else is responsible for causing your injuries.

Establishing your claim might require evidence like the following:

• Police reports
• Testimony from eyewitnesses
• Photographs and video footage of the accident scene
• Security or traffic camera footage
• Cell phones and other digital data
• Physical evidence, like damaged property.

You must also prove that you suffered specific harm from the accident.

The following evidence can help you do so:

• Medical records and treatment notes
• Pay stubs, tax returns, and other proof of lost wages
• Testimony from friends and family members
• A “pain journal” detailing the daily discomfort your injuries cause you
• Testimony from experts in medicine, psychiatry, accounting, and occupational therapy.

Some of this evidence can be difficult to gather, especially items others own. A personal injury lawyer can obtain this information by using letters of spoliation (which alert the recipient to preserve evidence or risk sanctions) and subpoenas (a court order to appear to give testimony or hand over evidence for consideration).

What Are the Elements of Negligence in a North Carolina Personal Injury Case?

While personal injury claims can allege legal theories of intentional harm or strict liability, negligence is the most commonly alleged theory. Negligence is a legal term that describes someone’s failure to exercise sufficient care given the circumstances. Someone whose negligence results in another person’s injuries is legally responsible for the consequences of those injuries.

Negligence may apply to a wide range of situations, including the following:

• A driver who takes a phone call when they should focus on the road.
• A store owner who fails to fix a leaky pipe that causes a puddle in a highly trafficked area.
• A doctor who fails to note a patient’s current medications when prescribing a new drug.

These are just a few examples of behavior that could be considered negligent under North Carolina personal injury law.

In most personal injury cases, to establish that someone has acted negligently and caused a plaintiff’s injuries, the plaintiff must prove the following elements:

• The person owed you a duty of care — In other words, the person was responsible for behaving responsibly in your presence. A driver has a duty of care to other road users and must operate their vehicle carefully. A doctor owes their patients a duty of care to provide treatment in line with generally accepted standards.
• The person breached that duty — The person failed to live up to their responsibilities to you. Perhaps the driver ran a red light in violation of traffic laws, or the doctor failed to monitor you after surgery.
• You suffered damages — You have been injured in some way, such as being hurt in a car accident or suffering traumatic brain injury in a slip and fall.
• The breach caused your damages — The person’s breach of their duty of care directly and proximately led to your injuries. The driver plowed into your car as you passed through the intersection, or the doctor should have noticed signs of oncoming shock and administered IV fluids to stabilize your heart rate.

If you can prove all four elements, you can prove that the other person is financially responsible for your injuries.

What Is North Carolina’s Contributory Negligence Rule?

North Carolina follows the contributory negligence rule, which states that a court cannot award compensation to someone who contributed to the cause of their injuries — even when someone else is primarily to blame. This rule is so harsh that many states have moved to a comparative negligence system, in which an injured person can still recover compensation for the portion of their injuries that isn’t their fault. It also underscores why seeking help from an experienced personal injury attorney is essential.

Does North Carolina Have a Time Limit for Filing a Personal Injury Lawsuit?

North Carolina places a statute of limitations on personal injury cases. Under this rule, an injured person has only a limited time to file a lawsuit against the people they allege to be at fault for their injuries. Under most circumstances, this deadline is three years from the date of injury. However, certain factors can increase or decrease the deadline. It’s best to play it safe and speak with a personal injury lawyer as soon as possible.

How Can a Personal Injury Lawyer Help Me with My Case?

Personal injury cases are complicated. Injured people attempting to represent themselves may walk away with far less than they deserve — sometimes with nothing.

An experienced personal injury attorney can:

• Investigate what happened and determine everyone to blame for your injuries.
• Calculate the fair value of your case based on their experience with other claims similar to yours.
• Negotiate with at-fault parties and their insurers for a settlement, which means you get paid without going to trial.
• Represent you in court if the other side won’t make you a reasonable offer.

Contact a North Carolina Personal Injury Lawyer

Turn to The Law Offices of John Drew Warlick, P.A., for help pursuing your personal injury claim in North Carolina. We can offer you three generations of attorneys who are proud to serve the people of Jacksonville and the surrounding areas in North Carolina. We will have the extensive resources to handle your case effectively from start to finish and focus on your needs and goals.

Look at our case results and client testimonials to learn more about our background. When you are ready to act, contact us for a free case evaluation.

Visit Our North Carolina Personal Injury Law Offices