What Damages Could I Be Entitled to in a Personal Injury Case?
If you get hurt due to someone else’s wrongful behavior, you could be entitled to damages (money) for your injuries and losses. These damages aim to restore you to the position you would have been in had the injury not occurred.
Here are some of the types of damages that could be recoverable in your personal injury case:
- Medical expenses
- Future medical costs
- Lost income
- Loss of earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
Can I Still Get Compensation If I Was Partly to Blame for My Injuries?
North Carolina courts follow a harsh legal doctrine called “pure contributory negligence.” Under this doctrine, if you’re even slightly at fault (1 percent or more) for an accident that causes your injuries, the court could bar you from recovering any compensation from other at-fault parties. This rule is much stricter than the comparative negligence laws in most other states, where you can still recover some money even if you’re partially responsible.
There are exceptions to this rule, such as the “last clear chance” doctrine. This rule says that if another party had the last opportunity to avoid the accident, you could still recover money from them. Given the complex and stringent nature of North Carolina’s negligence laws, having experienced legal representation after an accident in Charlotte is essential.
How Long Does a Typical Personal Injury Case Last?
The timeframe of a personal injury case can vary significantly based on several factors. These include the specifics of the case, the parties involved, and the available evidence. Some straightforward cases might settle in a few months. Others could take years to resolve, especially those that result in litigation and proceed to trial.
Numerous factors could affect this timeline. The severity and complexity of the injuries involved often play a major role, as can the amount of negotiation required. Court scheduling and availability can also be influential in trial cases.
How Long Do I Have in North Carolina to File a Personal Injury Lawsuit?
In North Carolina, the time limit for most personal injury lawsuits is three years from the date of the accident. This three-year time limit applies to most types of injury lawsuits, including those stemming from car crashes, slip-and-falls, unsafe product accidents, and more. Missing this three-year deadline could jeopardize your right to recovery, so time is of the essence after an accident from which you were injured.
It’s also important to act quickly if you’re filing an injury claim against an insurance company. While there isn’t a specific legal deadline for insurance claims, insurers often require you to report covered events “promptly” or “within a reasonable time.” If you don’t comply, they could deny your claim.
Given these strict timelines, contacting a knowledgeable personal injury lawyer in Charlotte as soon as possible after getting hurt in an accident is essential. An attorney like Andrew Schwaba can make sure the deadlines are met, allowing you to focus on your recovery.
How Soon Should I Start a Personal Injury Claim?
It’s best to initiate a personal injury case as soon as possible following an accident for several reasons. First, the evidence necessary to support your case, such as eyewitness accounts, photos of the scene, and video footage, is often more readily available and reliable shortly after the incident. The longer you wait, the more chance crucial evidence will be lost, forgotten, or destroyed.
Next, there are legal time limits that dictate how long you have to file a lawsuit. Missing a single deadline could be catastrophic for your case, as it could eliminate your ability to seek compensation in court.
Finally, many insurance policies also stipulate that accidents and injuries must be reported promptly, and a delay could result in a denial of your claim.
Starting the claims process early with a Charlotte personal injury attorney allows you to keep your case on track, maintain your rights, and maximize your potential for a successful outcome.
What Will a Charlotte Personal Injury Lawyer Do for My Case?
When you hire a personal injury lawyer in Charlotte for your case, you’re enlisting the help of a professional advocate who can fight for your rights. They can handle the legal aspects of your lawsuit for you, so you can focus on healing from your accident injuries.
A key aspect of a personal injury attorney’s role involves dealing with insurers. Often, insurance carriers aim to minimize payouts, choosing to protect their bottom lines instead of compensating those in need. Your lawyer can negotiate with these companies, using their knowledge of personal injury law to push for a fair settlement.
They can also compile evidence to substantiate your claim, manage case paperwork, and get things done within statutory deadlines. Your lawyer can accurately calculate the value of your losses, considering not only your immediate expenses but also future needs and losses.
Charlotte attorney Andrew Schwaba leverages his extensive experience to champion your interests and strive for a meaningful resolution to your case.
Contact a Personal Injury Attorney in Charlotte Today
Are you ready to demand the compensation you deserve for an accident that wasn’t your fault? Andrew Schwaba is ready to make your fight his. Contact a Charlotte personal injury lawyer from Schwaba Law Firm today for a free, no-obligation consultation and case review.