After an injury, it can be important to understand what types of injuries are considered personal injuries under personal injury laws in North Carolina. Not all injuries will result in valid personal injury claims, but you could have the grounds to financially recover if you were hurt because of someone else’s carelessness or misconduct.
Understanding Personal Injury Laws
If a company, individual, or other party acted negligently or with misconduct, and this causes an accident in which you are harmed, you may be able to hold the party liable for the financial and personal harm you suffered. This is the basis for a personal injury claim in North Carolina.
The financial damages in a personal injury claim might be secured through an insurance claim or through a claim in civil court. It can recover certain damages like the cost of your medical treatment, any income you lost during recovery, your pain and suffering, and any damaged property.
Common Causes of Personal Injuries
Personal injury claims could arise from any situation, but there are some circumstances where they are more likely. This includes:
- Auto accidents. Car accidents happen often throughout the state, causing property damage, injury, and death. An involved driver might be liable for the accident because of negligent behavior like distracted driving, speeding, breaking other traffic laws, driving fatigued, or being under the influence.
- Truck accidents. Collisions with commercial trucks can have devastating consequences, potentially leading to catastrophic injuries, disability, and death. Recovering compensation after a truck accident is particularly complicated because of federal truck regulations, the high-value damages caused by these accidents, the many potential at-fault parties, and other factors.
- Motorcycle accidents. Motorcyclists in a vehicle collision tend to see the worst of the injuries. The drivers of passenger care often fail to take care around motorcycles, or do not look out for them on the road. This can sometimes make the driver liable for the accident.
- Premises liability. One of the most common types of premises liability cases is slip and fall incidents. Unintentional falls led to 73 million emergency department visits in the U.S. in 2023, according to the Centers for Disease Control. When property owners fail to take reasonable steps to maintain their property, they can be held liable for injuries because of property hazards.
- Wrongful death. Any accidents that can lead to personal injury claims can also lead to wrongful death claims. Car collisions in North Carolina led to 1,732 deaths in 2024, and unintentional falls led to nearly 2,000 deaths in the state in 2023. When someone dies in an accident because of someone’s negligence, or dies later from their injuries, their surviving family members can file a wrongful death claim for compensation.
Personal injury claims can arise from dog attacks, medical malpractice, dangerous products, and other circumstances. If you aren’t sure if you have the grounds for a claim or not, you should discuss your case with a North Carolina personal injury attorney. They can assess your situation and help you pursue compensation for a valid claim.
Contributory Negligence Laws Affecting Personal Injury Claims
Because of North Carolina’s contributory negligence laws, you can sometimes be unable to recover compensation even when your injury is caused by someone else’s carelessness.
This law relies on the percentage each party is determined to be at fault for the accident. If you make a personal injury claim, and you are found even 1% liable for the accident, you cannot recover compensation. Working with Monroe personal injury attorneys is especially important to fight for your interests against these strict state laws.
FAQs
Q: What Is Personal Injury in North Carolina?
A: A personal injury in North Carolina is an injury that occurs in an accident or other incident, and includes cases where another party can be held liable for the injury by law. Personal injuries often occur in car accidents, other vehicle accidents, medical negligence cases, workplace accidents, sports incidents, slip and fall accidents, and defective product incidents. Whether these injuries result in a claim will depend on the unique circumstances of the injury.
Q: What Qualifies for a Personal Injury Claim?
A: An injury likely qualifies for a personal injury claim if 1) another party owed you a duty of care, 2) they breached this duty of care, 3) their breach led to the accident, and 4) you were injured and suffered other damages because of the accident. Usually, a breach of duty of care is because of negligence or reckless actions. However, a breach of care can also include malicious or criminal actions.
Q: What Compensation Can You Recover in a Personal Injury Claim in North Carolina?
A: The compensation you can recover in a personal injury claim in North Carolina depends on your injuries and other damages from the accident, as well as other factors. You could recover the cost of your medical bills, the income you lost, and the value of your property damage.
These damages could be restricted by insurance coverage limits, as many personal injury claims are handled through insurers. You could increase your compensation when you hire a personal injury lawyer.
Q: What’s the Most Common Type of Personal Injury Claim in North Carolina?
A: The most common type of personal injury claim in North Carolina is car accident claims. There were nearly 285,000 traffic accidents in the state in 2024, and over 113,600 injuries. After a car accident, most personal injury claims are handled through the insurance companies of each involved driver. The driver who was at fault for the crash is liable through their insurance for the cost of injuries and other damages to the other people involved in the accident.
Hire a Personal Injury Lawyer in North Carolina
A personal injury lawyer can support you throughout your claim and fight for your financial interests. At the Law Offices of Huffman & Kendrick, we put your needs as our priority. When you are hurt because someone was careless, it can be very frustrating. We help you find solutions that can cover your financial losses and give you the support you need to recover.
Our attorneys understand North Carolina injury law and how it affects many different injury cases. We have significant legal experience and do what is needed to file timely and strong claims. Reach out to our team today and let us fight for you in negotiations or in court.
