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If you were injured in an accident, you can potentially file a personal injury lawsuit against the responsible party to recover compensation. A lawsuit could allow you to recoup money to cover expenses like hospital bills or physical therapy.
You can also recover compensation for your pain and suffering and emotional distress. A Charlotte personal injury lawyer is available to discuss your situation and help you take legal action. Reach out to Sussman Law Firm, PLLC to learn more.
There are several different types of accidents that can lead to a personal injury claim. Some examples of personal injury claims our Charlotte attorneys commonly handle include:
To file a successful negligence claim, you need to demonstrate that the defendant was negligent. This involves showing that the party allegedly at fault had a duty of care and that they breached this duty. For example, motorists are required to obey traffic laws and exercise caution while driving. Store owners have a responsibility to keep their premises free of hazards for customers and guests. Similarly, doctors must provide medical services with reasonable care.
If you can prove that someone failed to meet their duty of care, you may have a valid negligence claim. However, you must also establish that this breach was the direct cause of your injuries.
Additionally, you must be able to prove you sustained damages or losses. Damages can be economic, such as medical expenses or lost wages, or noneconomic, such as emotional distress, mental anguish, pain and suffering, or disfigurement.
In many accidents, multiple parties may share responsibility for the negligence that led to the event. The ability of an injured person to recover damages when they have contributed to the negligence depends on the state’s laws.
North Carolina adheres to the doctrine of pure contributory negligence. Under this doctrine, if an injured person is found to have contributed in any way to the negligence that caused the accident, they are barred from recovering damages. This means that even if a person is deemed just one percent responsible, they cannot recover any damages. However, if the defendant’s negligence is deemed gross, willful, or wanton, an injured person may still recover damages despite their own contributory negligence.
Consulting with a personal injury lawyer in Charlotte could help you determine the best approach to maximizing potential compensation and avoiding claims of shared fault.
Legal claims do not last indefinitely. You must file your lawsuit within the timeframe specified by the statute of limitations. For most personal injury claims in North Carolina, the lawsuit must be filed within three years from the date of the incident that caused the harm.
The statute of limitations begins on the date the injury occurred or when the plaintiff reasonably should have known about it. If the injury is not immediately apparent, the statute allows up to 10 years from the last action related to the case to file a claim.
This time limit may vary based on the type of accident involved. For example, in cases involving defective products, you have up to 12 years from the date of the initial purchase to file a claim. For minors, the three-year statute of limitations starts when they turn 18. If you have questions about how the statute of limitations applies to your personal injury claim, consulting with a Charlotte lawyer could provide clarity based on your specific situation.
If you’ve been involved in an accident, it is crucial to speak with a Charlotte personal injury lawyer as soon as possible. An experienced attorney could advocate on your behalf, especially when dealing with insurance companies. Our knowledgeable team is here to guide you through North Carolina’s complex legal system and ensure you receive the support and representation you need. Call today.
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