It is not uncommon to hear about someone getting injured in an accident in the Charlotte area. However, if you suffered harm because of someone else’s reckless, careless, or intentional actions, you could qualify to receive compensation from them.
Before you file a claim, you might want to consult first with a Charlotte personal injury lawyer at Pintas & Mullins Law Firm to understand your rights. They can help you with the recovery process to receive justice and compensation for your injuries. Call (800) 794-0444 to discuss the merits of your case with a team member.
Damages You Can Recover in a Personal Injury Claim
When you have injuries from an accident that you did not cause, you have the legal right to recover damages. Economic damages are those with monetary value and represent financial losses incurred due to the incident. These often include medical bills, lost wages, property damage, and other actual out-of-pocket expenses.
Economic damages may also cover future losses, such as additional treatments, required rehabilitation, and lost earnings due to a disability or reduced capacity to work resulting from the incident. You could get awarded the difference if you switched to a lower-paying job or stopped working because of your injuries.
In some cases, you may recover noneconomic damages or losses without exact monetary value. Examples include compensation for pain and suffering, disfigurement, or loss of consortium, all of which are tricky to valuate.
When estimating the awards that you might recover, you might want to work with a Charlotte personal injury lawyer to determine a reasonable amount. Personal injury victims often accept offers lower than they deserve because they do not make an informed decision.
Negligence Is the Most Commonly Used Legal Theory
In personal injury claims, negligence is the basis for liability in most cases. It occurs when a person’s failure to show reasonable care leads to harming others or putting them at risk. When a person acts negligently, the injured party can recoup their losses under personal injury law.
As the injured victim, the burden of proving negligence lies with you, and it depends on four elements:
- Duty of care.
- Breach of duty of care.
- Causation or injury that stemmed from that breach.
- Damages suffered, including medical costs, lost income, and other expenses.
For instance, you suffered injuries from a rear-end collision and received treatment for these injuries, causing you to miss several days of work and incur medical bills. If the reason for the crash was the other driver who disobeyed traffic laws, you can hold them responsible for the accident and have them compensate you for your damages. They failed to act reasonably and were negligent in their duty of care.
The same theory applies to a medical malpractice case or slip and fall accident—if one party failed in their duty of providing care to prevent any harm, you could hold them liable for your injuries.
For a free legal consultation with a Charlotte Personal Injury Lawyer serving Charlotte, call (800) 794-0444
North Carolina Follows Contributory Negligence
When accidents happen, it is not always the fault of one party—both sides might have contributed to the accident. For instance, the other motorist rear-ended your vehicle because you changed lanes without signaling. Even if they were speeding at the time, you contributed to the car accident due to your negligent behavior.
In North Carolina, you have no right to seek compensation for your injuries if you had any blame for the incident. It is one of the few states that uses the rule of contributory negligence to determine financial recovery. If you are at fault—even by a small percentage—you cannot collect payment for damages. It is different from comparative negligence, which allows claimants to recover losses, albeit reduced in proportion to their fault.
Determining fault is usually not a straightforward process. You might want to work with a Charlotte personal injury lawyer who can help you compile evidence to prove fault in your case. They can show that you acted prudently and should not have blame for the accident, allowing you to receive compensation. Call Pintas & Mullins Law Firm today to get started.
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Proving Liability Varies for Every Personal Injury Case
In every personal injury claim, there is a need to establish liability—the one at-fault is responsible for the harm and must pay for the consequences. Although negligence is the most used legal theory, there are other bases for determining liability.
Strict liability is one, and it holds owners, product designers, and manufacturers responsible for injuries suffered. For personal injury cases where it applies, the victim does not have to prove negligence when seeking recovery for damages. An excellent example of this is a dog bite incident. G.S. § 67-4.4 states that the owner is responsible for bites and other related injuries caused by their pet.
Besides strict liability, you can also sue for intentional wrongs in a personal injury case to collect damages for fraud, assault, or battery. You might want to speak to a Charlotte personal injury lawyer to understand how you can establish the liable party’s fault for your injuries.
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Why Turn to Us for Legal Support
Whether you plan to file an insurance claim or pursue litigation, you might want to hire legal counsel. At Pintas & Mullins Law Firm, their team of Charlotte personal injury lawyers will help you every step of the way. They can investigate the matter to prove that you were not at fault for the incident. Moreover, they can estimate the damages you can recover and fight for the compensation you deserve in settlement talks with the at-fault party’s insurance company or lawyers.
If you decide to file a lawsuit, they will make sure to get it done within the statute of limitations. G.S. § 1-52 sets a three-year time limit for personal injury cases in North Carolina, and failure to meet the deadline might lead to case dismissal.
To get started, reach out at (800) 794-0444 for a free no-obligation consultation with a member of our team.