Best Personal Injury Lawyers in Greensboro, NC in 2024 – Forbes Advisor

You may be entitled to compensation if you were recently injured due to someone else's negligence. The most common personal injury lawsuits in North Carolina involve slip and falls, medical malpractice, and car accidents.

Here are the laws and regulations, including damage limits, you need to know before pursuing your personal injury case.

Statute of Limitations for Personal Injury Cases in North Carolina

How long do you have to file a personal injury lawsuit in North Carolina? Generally, you have up to three years to sue for damages from:

• Traffic accidents
• Product and building liability
• Bodily harm and intentional unlawful acts
• Dog bites
• medical malpractice

In cases where injuries result in culpable death, the statute of limitations is two years.

The discovery rule can extend the statute of limitations if the injury or illness was not immediately apparent; this typically applies to cases involving long-term exposure.

However, North Carolina law limits the discovery period and gives you only 10 years from the date of injury to seek compensation. Consult an attorney to make sure your case meets these legal deadlines.

North Carolina Personal Injury Laws

In North Carolina, special rules apply to personal injury cases.

• Residence requirements. At least one party to the proceeding must be a North Carolina resident.
• Prove negligence. The burden of proof lies with the defense, which must prove that the injured person contributed to his or her injuries or illness.
• Damage limitation. In North Carolina, the cap for medical malpractice damages is $656,730 and the cap for punitive damages is $250,000.

North Carolina law does not impose a cap on damages, but limits the award only to pain and suffering in medical cases.

In other cases, you may be able to recover non-economic damages for a reduced quality of life. To calculate pain and suffering compensation, North Carolina law multiplies the cost of accident-related expenses, medical treatment, and lost wages by a factor that varies depending on the severity of the injuries.

However, you are not entitled to compensation if the injury was caused by your negligence.

Contributory negligence in North Carolina

North Carolina has a contributory negligence rule, meaning that if you are even slightly responsible for your injuries, you lose the right to sue the other party for damages.

There are various ways to challenge contributory negligence.

• Gross negligence. The injury was caused intentionally or through reckless disregard.
• Immediate cause. The defendant's actions were the proximate cause of the injury.
• Last clear chance. The injury could have been avoided if the defendant had exercised reasonable care beforehand.

Speak to a personal injury attorney to discuss how contributory negligence could affect your settlement and to determine the best course of action for your case.

Considerations for claims settlement in the event of personal injury

Settling a personal injury case offers a quicker resolution than going to trial and guarantees compensation. When you settle a case, you agree to release the defendant from liability in exchange for financial compensation.

Your settlement is subject to medical liens, attorney fees, and taxes. In North Carolina, only punitive damages are taxable. However, a portion of the settlement will cover attorney and medical fees before it is paid to you.

In North Carolina, personal injury compensation can be paid out in two ways: structured or as a lump sum.

Structured settlements provide for long-term payments. If you choose a lump sum payment instead, the settlement will first be paid to your attorney, who will pay any fees or liens before you receive your share.