From a head-on collision lawsuit, you may be eligible for compensation in the form of medical expenses, lost wages, pain and suffering, and property damage, among others. Sadly, in the aftermath of a head-on collision, victims often encounter financial trauma.
Thankfully, compensation may be available to you. In the state of North Carolina, the compensation that is available following a head-on collision lawsuit will depend on the specific circumstances of the crash, the extent of your injuries, and the damages you sustained.
State laws typically allow injured parties to recover both economic and non-economic damages. It’s important to meet with a Charlotte personal injury lawyer to understand your options and how to proceed.
Understanding Damages in North Carolina
Damages in a civil lawsuit are categorized into three main types:
- Economic damages: Also called “special damages,” these refer to financial losses that are measurable and verifiable.
- Non–economic damages: Also called “general damages,” these cover intangible losses that affect a person’s quality of life.
- Punitive damages: These are awarded in rare cases to punish especially egregious conduct and deter similar actions.
Each of these categories may apply in a head-on collision case, though whether or not they all do will depend on the facts and evidence regarding your specific circumstances.
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Economic Damages in Head-On Collision Cases
Economic damages are designed to compensate you for out–of–pocket financial losses resulting from the crash. These can be substantial, especially when serious injuries are involved. Let’s take a look at the most common forms of economic damages.
Medical Expenses
Head-on collisions often result in traumatic injuries, such as concussions, traumatic brain injuries, spinal cord damage, fractures, and internal injuries. The medical treatment required to help you heal can be expensive, not to mention ongoing.
Here’s what compensation may cover:
- Emergency room visits
- Ambulance transportation
- Hospital stays
- Surgery
- Diagnostic testing, such as MRIs and CT scans
- Rehabilitation and physical therapy
- Prescription medications
- Assistive devices, such as wheelchairs and crutches
- In-home care and modifications to the home
North Carolina law permits plaintiffs to recover past, present, and reasonably anticipated future medical expenses stemming from the accident.
Lost Wages and Future Earning Capacity
If injuries prevent the victim from working temporarily or permanently, compensation may be awarded for the following:
- Time missed from work during recovery
- Loss of benefits, such as health insurance and retirement contributions
- Reduced earning capacity due to long-term impairment or disability
To establish a claim for lost earning potential, it is best to collect supporting documentation, such as wage statements, employment history, and professional testimonies.
Property Damage
A head-on collision almost always results in significant vehicle damage. Property damage losses you can recover include the following:
- The cost to repair or replace the vehicle
- Towing and storage fees
- Replacement of personal items damaged in the crash
Vehicle valuation is typically based on fair market value, not sentimental value or the original purchase price.
Out-of-Pocket Expenses
These are other miscellaneous expenses that may be compensated, including:
- Travel to and from medical appointments
- Childcare services if the victim is unable to care for dependents
- Hiring help for household tasks that the victim can no longer perform
It is important to maintain thorough documentation of all receipts and related records.
Non-Economic Compensation in Head-On Collision Lawsuits
Non-economic damages address the more subjective consequences of an accident. These losses are harder to quantify, though they still have the power to significantly impact a victim’s life moving forward.
Pain and Suffering
Physical pain is a very common consequence of serious injuries. Chronic pain can interfere with sleep, concentration, and other daily functions. Compensation for pain and suffering is intended to reflect the severity and duration of your injuries.
Emotional Distress
A head-on collision can be a deeply traumatic experience. Victims may experience the following symptoms:
- Post-traumatic stress disorder (PTSD)
- Anxiety or panic attacks
- Depression
- Sleep disturbances
- Loss of enjoyment in life
Mental health treatment records, personal journals, and insight from loved ones may be used to demonstrate emotional distress.
Loss of Consortium
Loss of consortium refers to the loss of companionship, affection, or support suffered by a spouse or close family member as a result of the victim’s injuries. In North Carolina, spouses may bring a separate claim for loss of consortium if the injury has significantly altered or affected the relationship.
Scarring, Disfigurement, and Permanent Impairment
Serious injuries may lead to permanent changes in appearance or function. These injuries can affect a person’s self-esteem, independence, and interactions with others.
Compensation may be awarded for the following:
- Visible scarring or disfigurement
- Amputation or loss of use of a limb
- Chronic physical limitations
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Punitive Damages in North Carolina
Punitive damages are not meant to compensate the victim but to punish the wrongdoer and deter future misconduct. In North Carolina, punitive damages may be awarded only when the defendant is shown to have engaged in the following behaviors:
- Fraud
- Malice
- Willful or wanton conduct
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Time Limits for Filing a Lawsuit in a Head-On Collision Case
In North Carolina, the statute of limitations for a personal injury lawsuit—including those involving head-on collisions—is three years from the date of the accident. For wrongful death claims, the statute of limitations is shortened to two years from the date of death.
Exceptions may apply in rare cases, such as when the injured party is a minor or legally incapacitated. Missing these deadlines can result in your case being dismissed, so it’s important to reach out for legal assistance sooner rather than later.
Contact Our Head-On Collision Law Firm in Concord for Help Today
Compensation is often available for those who file head-on collision lawsuits, but the type and amount that you can expect will depend on the details of your case. The sooner you reach out to a Concord head-on collision law firm, the sooner you can get answers to your questions.
It all starts with contacting DeMayo Law Offices. Our Concord head-on collision attorneys have what it takes to handle your case and advocate for your rights in your pursuit of compensation. As Your North Carolina Law Firm™, we have helped over 125,000 people since 1992.
With more than 250 years of combined experience, our attorneys have recovered over $1 billion in compensation. Unlike insurance companies, we believe in People Over Profits™, and we want to make sure you’re not taken advantage of during such a vulnerable time. Call us today.
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