If you got hurt due to another party’s wrongful behavior, you should know that you don’t have to face the aftermath alone. Schwaba Law Firm is committed to helping North Carolinians get compensation for injuries that weren’t their fault. Andrew Schwaba has recovered millions of dollars for clients since 2010, giving him the reputation and track record you can trust with your case.
Andrew has what it takes to get your life back on track, whether you were hurt in a traffic collision, an accident on someone else’s property, because of an unsafe product, or some other way altogether. Contact Schwaba Law Firm today for a free consultation with a North Carolina personal injury lawyer and find out how Andrew can help.
What Are Common Personal Injury Cases in North Carolina?
Any instance where someone deliberately or accidentally hurts another person could give rise to a personal injury case. Here are a few practical examples:
- Traffic Accident Cases – These matters involve collisions between vehicles, pedestrians, cyclists, or even stationary objects, often due to negligent behaviors like distracted or drunk driving.
- Product Liability Cases – In these claims, manufacturers, distributors, or sellers are held liable for putting defective or dangerous products that harm consumers onto the market.
- Workplace Accident Cases – From slip-and-falls to factory mishaps, workers can be injured on the job in a variety of ways. Depending on the circumstances, an injured worker could claim workers’ compensation benefits or money from a third-party injury claim.
- Wrongful Death Cases – These cases involve situations where someone else’s harmful behavior causes a person’s death, allowing the deceased person’s survivors to seek compensation.
What Types of Injuries Happen Due to Personal Injury Accidents?
Personal injury accidents can seriously harm their victims, leaving them with medical issues like the following:
- Broken bones
- Neck injuries
- Back injuries
- Eye injuries
- Hearing loss
- Internal injuries
- Facial and dental injuries
- Spinal cord injuries
- Traumatic brain injuries
- Cuts and lacerations
- Soft tissue injuries
- Psychological injuries
- Permanent disfigurement
- Loss of limb
- Nerve damage
- Occupational diseases
How Do I Know If I Have a Personal Injury Claim?
Did you suffer injuries of a physical or emotional nature? Did someone else’s action or inaction directly contribute to those injuries? If you answered yes to both these questions, you could have grounds for a personal injury claim against them.
Keep in mind, this is a simplification of a complex field of law. Therefore, if you believe you have a case, it’s essential to consult a qualified lawyer as soon as possible. They can review your situation, give you professional advice, and potentially handle your claim on your behalf.
What Must Be Proven in a Personal Injury Claim?
As your lawyer pursues your personal injury claim, they will seek to prove that certain elements are present. First and foremost, they’ll need to establish that the other party was negligent or otherwise at fault for your injury. Depending on the circumstances, this could mean showing that the other party did something they shouldn’t have done or failed to do something they should have done.
Your attorney must also demonstrate a clear link between the other party’s wrongdoing and your injury. To this end, they will collect and present evidence showing that the other party’s actions or lack thereof directly caused or significantly contributed to the harm you suffered.
Finally, your lawyer must prove the scope and extent of your losses. This includes physical harm as well as the emotional, psychological, and financial losses you incur due to the incident. Lawyers often use medical bills, proof of lost income, and expert testimony to establish these aspects.
What Damages Could I Be Entitled to in a Personal Injury Case?
The purpose of a personal injury case is to make you whole again after an injury — that is, to compensate you so that you with the financial means to undo the harm you suffered. This compensation could take the form of damages for the following losses:
- Past and present medical expenses
- Anticipated future medical costs
- Incidental, out-of-pocket expenses
- Lost income due to time away from work
- Lost lifetime earning capacity
- Pain, suffering, and diminished quality of life
Can I Still Get Compensation If I Was Partly to Blame for My Injuries?
North Carolina courts operate under a principle called “pure contributory negligence.” This principle stipulates that if you contribute in any way to an accident that harms you, the court can bar you from recovering compensation.
This is a harsh rule, as even the tiniest amount of fault could exclude you from getting a cent in court. That’s why you should work with a reputable personal injury attorney, one who knows how to prove that you were in no way responsible for your injuries and that the fault lies entirely with another party. If that at-fault party or their insurer tries to muddy the waters, an experienced lawyer will know how to respond.
How Long Does a Typical Personal Injury Case Last?
The timeline of a personal injury case is highly variable. A case could resolve relatively quickly if fault is clear and the involved parties do not contest the facts. When this happens, the attorneys negotiate a suitable compensation amount, and the injured party accepts the settlement and relinquishes their right to pursue any further claims relating to the incident. This could take a few months or even less.
However, if a fair settlement proves elusive and the case proceeds to trial, it could drag on for years. This extended timeline is a byproduct of the complicated nature of a lawsuit, which comprises distinct stages like discovery, pre-trial motions, and the trial itself. The length of a trial can range from a few days to several weeks or more, depending on the complexity of the case and the court’s schedule.
How Long Do I Have in North Carolina to File a Personal Injury Lawsuit?
In North Carolina, you have a limited period within which you can file a personal injury lawsuit so that details are still fresh in people’s minds and evidence is readily available. The specific length of this period can vary depending on the circumstances, but most personal injury lawsuits in North Carolina are subject to a three-year time limit, although if your claim involves a wrongful death claim for a deceased family member, your claim is subject to a two-year time limit.
There are certain exceptions to this time limit. For instance, the time frame could be extended if the injury is not immediately apparent, or it could be shortened if the at-fault party is a government entity or employee.
There could be serious consequences if you miss a deadline for filing suit. Generally, the courts will refuse to consider late-filed lawsuits, which means that you could lose your right to compensation regardless of the underlying merits of your case.
This is one of the many reasons why having a skilled injury lawyer is so beneficial. A North Carolina personal injury attorney will know the relevant deadlines and exceptions that apply to your situation and can handle your case accordingly.
How Soon Should I Start a Personal Injury Claim?
It’s always wise to initiate your personal injury claim as soon as possible. An immediate start allows your lawyer to collect fresh evidence, thoroughly document your injuries and related losses, and begin negotiating with the liable party or their insurance provider without the looming deadline set by the statute of limitations.
Remember, while some cases might resolve rapidly, others take considerably longer to reach a conclusion, especially if they proceed to trial. By beginning your claim soon after the incident, you maximize your chances of achieving a favorable outcome and securing the compensation you deserve for your injuries.
What Will a North Carolina Personal Injury Lawyer Do for My Case?
A seasoned personal injury lawyer in North Carolina is a critical ally in your pursuit of fair compensation. They can help you by:
- Providing seasoned legal guidance and advice
- Gathering and analyzing evidence to support your claim
- Determining how much you could be owed
- Identifying liable parties and sources of compensation
- Identifying and contacting expert witnesses
- Handling all communications related to the case
- Ensuring timely filing of all legal documents
- Negotiating with insurance companies on your behalf
- Pursuing the maximum compensation available to you
- Representing you in court if your case goes to trial
- Preparing you for depositions or trial testimony
- Navigating the appeals process if necessary
Remember, time is of the essence, and the sooner you get in touch with an attorney, the more they can do on your behalf.
Contact a Personal Injury Attorney in North Carolina Today
Andrew Schwaba prides himself on offering professional, experienced, and aggressive representation to injured North Carolinians like you. His efforts to date have put millions of dollars back into our clients’ pockets.
The Schwaba Law Firm team is ready to fight for your rights and pursue the money you need to get your life back on track. Reach out to Andrew today for a free, no-obligation consultation with a personal injury lawyer in North Carolina.