North Carolina Personal Injury Law Overview

Personal injury law is a very broad practice area of law that deals with injuries and deaths due to someone else's negligence or wrongdoing. The basic principles of personal injury law are virtually the same from state to state, but there are subtle differences in each state's personal injury laws, especially dealing with statute of limitations, negligence and liability issues.

Negligence

The state of North Carolina's personal injury law follows the doctrine of "contributory negligence," which means you will not receive compensation if your own negligence contributed to your injury. However, keep in mind, that even if you think you were at fault, or someone told you were at fault, that may not be the case. Only an experienced personal injury attorney in North Carolina can determine whether you are entitled to monetary compensation following your accident and injury.

Statute of limitations

All states have certain time limits, called statute of limitations, regarding personal injury cases and how much time you have to file them. For most types of personal injury cases in North Carolina, the time limit is three years. In product liability cases, the limit may be up to six years.

Damages

The money granted you in your personal injury case is referred to as "damages." Damages may include compensation for financial loss and non-economic damages such as pain and suffering. Punitive damages is money awarded to you and intended to "punish" the defendant.

North Carolina does not limit non-economic damages, but punitive damages are limited to $250,000 or three times the compensatory damages (whichever is greater). In order to receive punitive damages you must prove malice, fraud or willful, wanton conduct on the part of the defendant. There is no limit on punitive damages against drunk drivers.

If you live in North Carolina and feel you may have a personal injury claim on your hands, please contact an experienced North Carolina attorney in your area today.