If you believe you or a loved one was hurt because of another party’s actions, be sure to consult with a capable Cornelius personal injury lawyer as soon as possible. You likely will be able to recover some of the damages incurred as a result of that person’s negligence, including the costs of medical treatment and lost wages. It’s important to take action early and begin your case right away.
Personal injury claims are filed in civil court by victim plaintiffs against another individual or entity they believe is responsible for the circumstances leading up to their injury and other subsequent damages. These are common types of injury claims we handle regularly:
Those who are successful in their personal injury filing are entitled to a compensation payment that encompasses their economic damages and “pain and suffering” damages. In some cases where the liable party’s misconduct was especially egregious, negligent, or unlawful, the plaintiff’s settlement may also include punitive damages.
A victim’s economic losses include all costs of their medical treatment (past and future) related to the inflicted injuries, any ongoing or rehabilitative care, expenses from repairing or replacing damaged personal property, lost wages, and possibly loss of future income. Economic damages are easily proven and calculated by providing bills, doctor’s reports, and other definitive documents.
Non-economic damages, also referred to as the plaintiff’s pain and suffering, may be more difficult to establish to their fullest extent in court. Statements from the injured party’s family members or counselors can be effective evidence that speaks to the victim’s experience since dealing with injury. Non-economic losses may include the person’s physical pain, any permanent disfigurement or disabilities sustained, mental suffering, and emotional distress, among others.
Punitive damages can’t be requested by the person filing the injury claim but may be awarded to them by the court as part of their compensation, depending on the circumstances of the case. Punitive damages are meant to punish the offending party for their unlawful or particularly negligent conduct and deter them from repeating similar offenses in the future.
How long it may take to settle your personal injury case can vary greatly depending on the exact circumstances. The matter may be resolved in a few months for a relatively simple case with only minor damages inflicted, and the insurance company is accommodating in providing a fair settlement. If the case has to go to trial or is otherwise complex (e.g., several concurrent injuries, insurers refuse to accept liability), the case may take several months or years to settle.
It’s never guaranteed that you’ll win your injury case, but there are measures that give you a stronger chance. Take action as soon as you can after your accident by speaking with a qualified injury attorney.
An injury lawyer can evaluate the strength of your claim, and by acting proactively, your lawyer has ample time to build your case. It’s also recommended that you preserve all evidence related to your accident and subsequent injuries, such as photographs or medical documents.
For most injury cases, individuals have a statute of limitations of three years, during which they must file their claim. This timeline starts from the date of the injurious accident or the date from which the victim became aware of injury symptoms. In cases of delayed discovery, the victim must have noticed symptoms of injury within ten years of the accident date; this is known as the statute of repose. Medical malpractice has a statute of repose of four years.
How much you may be able to get in pain and suffer damages in North Carolina depends on the details of your situation. There is no cap on non-economic damages in North Carolina, but the compensation awarded must be reasonable and reflect the extent of the victim’s anguish.
Individuals with severe injuries that cause long-term or permanent impairment and/or disfigurement (scarring, amputation) are more likely to receive a significant pain and suffering settlement.
If you believe you may have a viable personal injury claim, it’s incredibly important to speak with an experienced injury attorney as soon as possible. A proficient lawyer at The Law Office of William T. Corbett, Jr., P.L.L.C., can go over the details of your case and let you know upfront whether you have a strong claim to compensation. Contact our team today to schedule an initial meeting.