If you have been injured due to the negligence of another person, you understand how easily an accident can change your life for the worse. Your injury may have resulted in mounting medical bills, lost wages from missed work, and permanent impacts on your future. If you are in the process of getting a settlement for a personal injury claim, you may be asking, “How are personal injury case settlements paid out in North Carolina?”
What Qualifies as a Personal Injury Case in North Carolina?
Personal injury cases are broadly defined, and many situations fall under this category. In general, if you have been injured because of the negligent action or inaction of another person, you may have a legitimate personal injury claim. The Law Offices of Huffman & Kendrick, PLLC, can review your situation to see if you have a claim.
Some examples of common personal injury situations include the following:
- Slip-and-fall accidents
- Car accidents
- Dog attack injuries
- Commercial vehicle accidents
Personal injury claims are very common. In 2024 alone, North Carolina reported over 113,000 injuries resulting from car crashes. In 2022, the United States saw over 26 million emergency room visits for treatment of accidental injuries. If you are unsure whether you have a personal injury claim, consult an attorney about the situation. They can provide guidance based on the relevant North Carolina personal injury laws.
What Compensation Can You Recover for a Personal Injury Claim in North Carolina?
It can be difficult to assign a monetary value to the true cost of a personal injury incident. The losses are not always linear, and they aren’t always concrete numbers. Personal injury compensation usually comprises the following aspects:
- Medical costs. Medical bills can be incredibly expensive, representing a significant burden for most people. Compensation for medical bills in a personal injury case should include the cost of immediate medical care as well as any ongoing care needed to reach the maximum point of recovery.
- Lost wages. If an injury is serious, you may be unable to work, possibly for an extended period. Furthermore, if an injury is permanent and prevents you from ever returning to your usual work, you may suffer total career loss. Your family’s future should not be endangered because of someone else’s carelessness, so compensation for your injury should take your lost wages into account.
- Pain and suffering. Your pain matters, so pain and suffering is typically included in the calculation of a personal injury settlement.
How Is Pain and Suffering Calculated in North Carolina?
Pain and suffering can be difficult to quantify, but these damages are generally calculated in one of two ways. The per diem method uses your usual daily income to determine how to compensate you.
The multiplier method is a bit different. With this method, the total financial losses you have incurred are multiplied by a number between 1.5 and 5, which is chosen based on the overall impact of the injury on your life.
Who Pays the Compensation for a Personal Injury Case?
Usually, the negligent party’s insurance company is responsible for paying compensation in a personal injury case. At the time of the injury, you should file a claim with the insurance company to open the case. You can continue to add to the claim as you complete medical treatment, finalizing it when you reach a point of maximum recovery. Then, the insurance company should pay you by check.
Unfortunately, insurance companies tend to do everything they can to pay as little as possible. Therefore, they are likely to try to deny your claim or seriously undercompensate you. This is why it is important to hire a personal injury lawyer to work through your case. An attorney can gather information about the case and communicate with the insurance company. Sometimes, all it takes is a sternly worded letter on a lawyer’s letterhead.
Sometimes, an insurance company completely refuses to pay a claim. When that happens, you have the option to pursue the case through the legal system. Your personal injury attorney can help you take these steps as well. In some situations, you can also file a claim against the person or people responsible for your injury, not just the insurance company.
FAQs
Q: What Does a Personal Injury Lawyer Cost in North Carolina?
A: The cost of a personal injury lawyer in North Carolina can vary significantly based on the complexity of the case and the lawyer’s individual rates. However, most personal injury lawyers work on a contingency basis. You pay nothing upfront, and then the lawyer takes a percentage of any settlement they secure for you.
Q: How Long Does It Take to Settle a Personal Injury Case in North Carolina?
A: How long it takes to settle a personal injury case in North Carolina depends on:
- The complexity of the case
- The severity of the injuries
- Whether ongoing medical care is needed
Generally, personal injury cases do not settle until the medical care involved is complete, so if an injury is serious and takes multiple years to reach a point of maximum recovery, the case can be open for that long or longer.
Q: Who Pays If I Am Injured at Work?
A: If you are injured at work, your compensation is most likely to come from your employer’s workers’ compensation insurance. Because it is fairly common for injuries to happen at work, most employers are required to have a workers’ compensation insurance policy. When employees are injured on the job, the insurance covers their financial losses, and the employer is usually not liable.
Q: How Much Compensation Should I Expect in North Carolina?
A: There is no easy answer for how much compensation you should expect from a personal injury case in North Carolina. No two cases are alike, and total compensation depends on the severity of the injury and how much time and money you have lost as a result. A fair settlement should be enough to return your life to the way it was, as much as possible, before the incident.
Hire a Personal Injury Lawyer If You Were Hurt by Someone Else’s Negligence
If you find yourself dealing with an injury caused by someone else, an experienced attorney can pursue fair compensation. Contact the Law Offices of Huffman & Kendrick, PLLC, to discuss your case.
