Durham Personal Injury Attorneys 

Who Is Eligible to File a Personal Injury Claim in North Carolina?

In most cases, whether or not you are able to file a claim for damages depends on the issue of negligence. When someone—be it a person, a business, or even a governmental agency—acts negligently, they are typically liable for any harm their negligence causes.

Someone is liable for your damages if:

• They owed you an implied or explicit duty of care
• They breached that duty of care
• You suffered injuries/harm as a result
• Your injuries/harm led to measurable damages

For example, when people operate cars and other motor vehicles, they owe others on the road an implied duty of care. This means they have a responsibility to follow all traffic laws and drive with reasonable caution so as not to put others at risk. If someone is texting while driving, they are not only breaking the law, but they are also acting negligently, as they are distracted by their cell phone. If that person hits you, causing an accident in which you suffer multiple broken bones and severe whiplash, you can hold that person liable for your resulting damages.

There are few instances in which you do not need to show that someone was negligent in causing you harm in order to seek compensation. Such exceptions include most defective product cases and workers’ compensation claims.

What is the Statute of Limitations for Personal Injury Claims in North Carolina?

In the state of North Carolina, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. This legal time frame is crucial for ensuring that your case is heard in court. If you miss this deadline, you could lose your right to pursue compensation for your injuries.

However, specific circumstances can alter this timeline. For example, if the injury was not instantly apparent, the statute of limitations may begin when the injury was discovered or should have been discovered. Understanding these nuances is critical for effectively managing your claim and securing the compensation you need.

How Our Personal Injury Lawyer Can Help You

How we can assist you by:

• Comprehensive Case Evaluation: We begin with a thorough evaluation of your case. We assess the circumstances of your injury, review medical records, and gather and review evidence to build a strong case. This initial assessment helps us understand the full extent of your injuries and the impact they have on your life, which is crucial for determining appropriate compensation.
• Experienced Legal Guidance: Personal injury law can be intricate, involving various legal principles and procedural rules. We are well-versed in North Carolina’s personal injury laws and are prepared to guide you through every step of the process.
• Negotiation with Insurance Companies: Insurance companies often seek to minimize their payout, which can be challenging when dealing with serious injuries. We handle all communications with insurance companies, so you can focus on your recovery.
• Building a Strong Case: To support your claim, we gather and present compelling evidence, including medical records, witness statements, and expert opinions. We aim to establish liability and demonstrate the full extent of your damages, which includes medical costs, lost earnings, pain and suffering, and other related losses.
• Representation in Court: If a fair settlement cannot be met, we are prepared to take your case to trial. We have extensive courtroom experience and are ready to advocate for you before a judge and jury. We will present a strong case on your behalf, aiming to secure a favorable verdict.