North Carolina PERSONAL INJURY ATTORNEYS

What Damages Are Available in a Personal Injury Case?

When you get injured, you may face a bottomless stack of medical expenses. You may lose wages if you need to take time off from work to recover. You may have expenses related to damaged property. You may be grappling with pain. These expenses and losses are called damages. In most injury accidents, you will likely incur multiple types of damages. Damages fall under two main subcategories: economic and non-economic.

• Economic damages refer to all the costs incurred as a result of the injury, such as:

  • Medical bills – All past and future costs related to the diagnosis and treatment of injuries.
  • Out of pocket expenses – Any “extras” you had to pay for as a result of your accident. For example, you got hurt while on vacation and had to pay for a couple of extra nights at the hotel so you could see a doctor.
  • Lost wages – Amount of pay you could not earn due to your injury.
  • Lost earning capacity – Future pay you won’t be able to earn due to a physical or mental impairment or disability.
  • Property damage – Cost of repairing or replacing personal property damaged during the incident.

• Non-economic damages include the physical and emotional trauma experienced after an accident, such as:

  • Pain and suffering – Physical pain and suffering and other associated trauma.
  • Emotional distress – Anxiety, fear, post-traumatic stress disorder (PTSD), or another type of emotional issue sustained from the accident.
  • Loss of enjoyment of life – Changes to quality of life, daily routine, and other effects.
  • Loss of consortium – Diminished capacity to interact with spouse or children.

Non-economic damages are often difficult for insurance adjusters to calculate. While pain might be excruciating to one person, it can be a minor inconvenience to another. It’s entirely subjective.

• insurance companies might review the factors below to determine a fair settlement amount to offer to the victim:

  • Type and severity of the injury
  • Impact of the accident on quality of life
  • Availability of sufficient evidence proving fault
  • Length of the recovery period
  • Disfigurement, impairment, or disability caused by the injury
  • Total medical expenses
  • Amount of insurance coverage listed on the policy
  • Effect on relationships with family and friends
  • Time missed from work

All economic and non-economic damages listed above are available in insurance claims and lawsuits. However, there’s a third type, called punitive damages. Punitive damages aren’t intended to compensate the victim for their losses. Instead, they punish the at-fault party for their actions and aim to deter similar behavior in the future.

Punitive damages are a rare financial award a jury will only provide if you can prove that the defendant in your case is liable for economic and non-economic damages, and they acted with one of the following:

• Fraud – Does not include constructive fraud unless intent is present;
• Malice – Ill will towards another person, causing intentional acts resulting in harm; or
• Willful or wanton conduct – Intentional and conscious disregard and indifference towards another person’s rights and safety. 

Filing a Lawsuit in North Carolina

Most accident victims will begin by filing an insurance claim with the at-fault party’s insurance company to attempt to receive the maximum available settlement. If the insurance adjuster denies the claim or refuses to settle for a fair amount, the accident victim may then move forward with filing a civil lawsuit.

If you want to sue the negligent party for your injuries, you must adhere to a strict deadline, known as a statute of limitations. The statute of limitations for most personal injury cases in North Carolina is three years. What that means is you have three years from the accident date to sue; otherwise, you could lose your right to pursue financial compensation now and in the future.

Most personal injury lawsuits hinge on the legal theory of negligence. Negligence refers to one party's failure to provide another a reasonable degree of care, leading to an injury. To base your case on negligence, you must show the following five elements existed at the time of your injury:

• Duty: The at-fault party owed you a reasonable duty of care to prevent injury;
• Breach of duty: They breached their duty;
• Cause in fact: If it wasn’t for their action or inaction, you wouldn’t have gotten hurt;
• Proximate cause: Their breach was the direct cause of your injury; and
• Damages: You incurred damages.

Your North Carolina personal injury attorney from DeMayo Law Offices will work to gather the evidence we need to prove the other party’s. You won’t be in this fight alone. We will remain by your side from start to finish. We understand the uphill battle you are facing and assure you that we will take on the burden and handle every step of the legal process. Your only job will be to focus on your recovery.

FAQs

• How do I know if I have a case?

  That’s the kind of decision you don’t have to make on your own. Contact a law firm to schedule a consultation. We will review everything you bring to determine if you’re entitled to compensation from an insurance claim or lawsuit. You should bring along all documentation associated with the incident and write detailed notes so that you can accurately discuss the elements of your case with the attorney.

• I think I’m partially at fault for the accident. Will that affect my case?

  North Carolina follows the contributory negligence law. That means if you share even 1% blame for causing your own injuries, you will not be allowed to pursue compensation. You should never readily admit to fault or make statements such as, “I’m sorry,” which could be construed as admitting fault. Accidents are complex, and you will never know who is at fault until the accident is fully investigated.

• How long will my case take?

  Personal injury cases vary in duration. Some take just a few weeks to resolve, while others can take several years. It depends on whether you file an insurance claim or lawsuit, how much clear evidence there is to prove fault, and various other factors. When you hire us, we will investigate and provide an estimated timeline for your case.