Personal injury litigation is subject to different regulations in every state. To bring a case in North Carolina it is very important that you consult an experienced North Carolina personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in North Carolina can arise from negligence or intentional wrongdoing.
In North Carolina you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In North Carolina personal injury lawsuits you must also show that your own negligence did not contribute to your injury. North Carolina follows the doctrine of contributory negligence. This means that a plaintiff can not recover damages for an injury if their own carelessness contributed to the injury.
North Carolina personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under North Carolina law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
North Carolina does not limit the value of non-economic damages. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
North Carolina limits punitive damages to $250,000 or three times the total compensatory damages, whichever is greater. The limit does not apply to injuries caused by an intoxicated driver. Punitive damages are awarded to punish the defendant for their wrongdoing.
In North Carolina you have three years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in North Carolina you need the counsel of a personal injury attorney who understands the nuances of North Carolina law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.