How is Personal Injury Defined in North Carolina?

Posted June 21, 2021 by in Lifestyle

Regardless of how it may have happened, when you are suffering from a personal injury of any type it can have severe consequences moving forward.  While an accident, whether it is an auto accident, work related incident, or a slip-and-fall in a public setting can happen in an instant, the ongoing pain and trauma might extend years beyond the event.  Personal injury cases can cost their victims their mobility, health, and expensive monetary obligations such as ongoing doctor bills and medication.

For North Carolinians involved in a personal injury related accident, finding an Ashville personal injury lawyer may well be your best, first step in getting your life back on track after an accident.  From delayed onset of symptoms to unforeseen surgical situations, protecting your legal rights should be of paramount concern after ensuring the best possible health outcomes.

Determining whether you have a valid legal claim begins by looking at how personal injury is defined in the Tar Heel State.  Let’s look at these legal parameters before touching on how qualified legal representation is critical to ensuring that you receive the resources and help you need to fully recover.

How is Personal Injury Defined in North Carolina?

In legal terms, North Carolina courts define personal injury as an injury to the body, mind, and emotions, which can occur anywhere from the highway to your workplace to the treatment you receive from your doctor should signs of medical malpractice be evident.

When assessing whether or not your injury falls under the rubric of a personal injury claim within the guidelines of North Carolina’s personal injury claim, let’s first look at some North Carolina specific laws that apply to the case.

Two factors of immediate concern are statutes of limitations and the legal concept of “shared-fault” when attempting to file a personal injury lawsuit in the Tar Heel State.

State law establishes a statute of limitations of three years to take legal action in the aftermath of an accident leading to a personal injury for you or a family member.  Under North Carolina’s General Statutes, sections 1-53 detail the timelines needed to file such a suit, and the clock begins ticking at the time of the accident.

Clearly, since some symptoms are slow to present, such as in TBI cases, time is of the essence when it comes to mounting a legal challenge.

Secondly, as the state operates under a “shared-fault” system, the court will be looking to find any indication that your actions played a role in the accident.  This can impact compensation awards based on the fact that any financial judgment would be reduced by the court finding negligence in your actions.

A qualified Ashville personal injury lawyer will sit down with you and go over these details. At the heart of your challenge, you and your attorney will be working to prove what factors led to the injury, who is the responsible party, and finally whether the injury is severe enough to qualify for compensation from the defendant.

Understanding Insurance Company Tactics

A sad reality of the insurance company business model is that for it to succeed it must actively work to limit or eliminate claim payouts.  As such, they will employ an array of tactics to delay or kill a personal injury lawsuit.  Typically, they will attempt to low-ball a one-time payout quickly, which would fail to address any long-term health concerns that later materialize.  

This is no accident.  

Indeed, insurance companies can bring an army of lawyers to bear to stop your claim, so you need an attorney in your corner to make sure that you are not taken advantage of when you most need support in your life.

Your attorney will work diligently to stop the efforts of at-fault insurance companies to devalue your claim or dismiss it outright.  The only way to ensure that you receive your just legal compensation, you need to bring on top-notch legal talent.

Call an Experienced Personal Injury Lawyer in Asheville  

If you have been injured in North Carolina owing to someone else’s negligence, you may potentially have legal grounds to go to court and sue for damages.  Sitting down and discussing your case with a qualified Asheville personal injury lawyer is important, and the sooner you do so after an accident the better it is for your case.  

Every claim is unique, but the law is there to protect you and your family from the carelessness of others.  You don’t have to go in alone when you have been injured, so call the Law Office of Lakota R. Denton for the superior legal representation you need in the greater Asheville area.

Call us today for a free consultation and discover how a caring team of legal representation can see you through these dark times in what probably seems an uphill battle.