There are three main types of damages you may be able to claim from Enterprise after a rental truck accident in North Carolina: economic, non-economic, and punitive. However, North Carolina has strict rules that prohibit victims from recovering damages if they share fault for the crash.
An Enterprise truck accident lawyer in Charlotte can help you pursue a claim against the company and any other liable parties. They can also help you handle issues related to shared liability and North Carolina’s personal injury statute of limitations.
Types of Damages You Can Claim After an Enterprise Rental Truck Accident
The different types of damages you can claim after an Enterprise rental truck accident are meant to address a specific loss or hold the defendant accountable. Below are the three main categories of compensation.
Economic Damages
The first category is economic damages, which compensate you for the explicit monetary losses you suffered due to your injuries. The following losses can be grounds for claiming economic damages:
- Medical bills and continuing medical expenses
- Lost work income, including hourly pay/salary, bonuses, tips, commissions, etc.
- Diminished lifetime earning capacity from permanent disability
- Property repair or replacement costs
- Out-of-pocket injury expenses, such as transportation or housekeeping
Calculating economic damages is relatively straightforward, as there are definite numbers you can add up to reach a total figure. For losses like reduced earning capacity, you can extrapolate from your current salary to estimate expected future earnings.
Non-Economic Damages
You can also receive compensation for the intangible and psychological losses you experience. These are called non-economic losses because they do not have a definite dollar value. Non-economic losses may include:
- Pain, suffering, and mental anguish
- Emotional distress
- Diminished capacity to enjoy life
- Scarring and disfigurement
- Loss of consortium, guidance, or care
There are two primary methods for calculating the non-economic damages you can claim from Enterprise after a rental truck accident in North Carolina. The first is to multiply economic damages by a multiplier between one and five. The second is to define a monetary figure for daily suffering and multiply that by the total period of suffering.
Punitive Damages
If the offender displayed particularly egregious or objectionable behavior, you may be able to pursue punitive damages. As the name implies, these types of damages are meant to punish the offender and deter future bad behavior, not provide redress for losses.
A court can assign punitive damages if you can prove one of the following three conditions:
- The offender acted with malicious intent to harm you.
- The offender committed fraud or deception.
- The offender displayed willful and wanton disregard for your safety (e.g., drunk driver, unsecured firearm).
North Carolina caps punitive damages at the larger of $250,000 or three times your compensatory damages.
For a free legal consultation, call (877) 333-1000
How Does Contributory Negligence in North Carolina Affect Damages?
Most states use a comparative negligence system in personal injury cases. This system allows victims to recover a reduced amount of damages if they share partial fault. So, you can still recover damages if you are partly responsible for your injuries; it’s just less than it would be if you were blameless.
North Carolina, however, uses a contributory negligence system instead. North Carolina’s contributory negligence rule works by barring victims from recovering damages if they share partial fault. Even if you are only 1% at fault, you will be completely responsible for covering your own injuries.
Contributory negligence is an extremely strict standard, which is why only a few states still use it. There is no doubt that Enterprise will try to blame you for your injury, so you need an attorney who can push back against attempts to shift liability and lock you out of pursuing damages.
How Long Do I Have to Seek Damages After an Enterprise Truck Accident?
According to N.C.G.S. 1-52(5), you generally have no more than three years to file a lawsuit for damages. Once the three-year time limit expires, you won’t be able to initiate a lawsuit. Technically, you can still file an insurance claim after three years—the insurance company will likely reject it, though, absent the backing of possible legal action.
In any case, you should act as quickly as possible after an Enterprise truck accident and talk to a personal injury lawyer. A lawyer can start building your case and expedite payment timelines. Any delay could be used as a reason to dispute your claim, so reach out as soon as you can.
Click to contact our personal injury lawyers today
Contact a Rental Truck Accident Lawyer From DeMayo Law Offices Today
Still have questions about the damages you can claim from Enterprise after a rental truck accident in North Carolina? Contact the team at DeMayo Law Offices today. We have served thousands of clients over our three decades of legal practice and are here to assist you however we can.
We have recovered over one billion dollars for deserving clients and want to help you next. Contact us today to get an experienced truck accident lawyer in Charlotte on your side.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
