personal injury lawyer durham

The Basics of North Carolina Personal Injury Law

personal injury lawyerHave you or a loved one been injured in an accident that was no fault of your own? In cases of personal injury caused by the negligence of another, time is of the essence. In addition, understanding the law as it relates to personal injury claims in North Carolina is important. One thing you definitely need to know is the statute of limitations — the amount of time you have to file your claim.

North Carolina Statute of Limitations 

Personal injury claims related to negligence have a 3-year statute of limitations. This includes but is not limited to cases such as automobile accidents, slip and fall incidents and exposure to harmful chemicals (toxic torts). In cases regarding defective products, the statute of limitations is 12 years — if the occurrence happened after October 2009. Wrongful death suits have a statute of limitations of 2 years. Filing your claim in a timely fashion is imperative when it comes to receiving just compensation for your injuries.

Immediately Following Your Injury 

There are some steps you need to take as soon as possible following your injury. As soon as you are able, it is important to record all the details of your injury. This includes keeping records of all reports, photos, receipts and any other documents relating to the incident. Obtaining legal representation is crucial at this time. Your attorney can advise you the best course of action to take and what you need to do in order to properly file your claim. 

Limitations on Personal Injury Claims 

When it comes to compensation for things including but not limited to lost wages and medical costs, there are no set limits on how much you can be reimbursed. That being said, courts expect reasonable estimations of monetary amounts, especially when it comes to projections for future damages caused by the injury. 

There are limitations when it comes to punitive damages. Punitive damages include things like pain and suffering, and are not easily measured in terms of dollar amounts. North Carolina law says punitive damages cannot exceed $250,000 or three times the amount of damage compensation  — whichever is greater. 

Maximizing Your Compensation

The key to getting the most out of your personal injury claim is quality legal representation. At the Law Office of John C. Fitzpatrick, we believe this is something everyone deserves. If you’ve been injured in an accident, don’t wait to file your personal injury claim. We understand how overwhelming it can be to go through the personal injury claim process; however we have the experience and knowledge to help you sail through the process. We’ll work hard to get the compensation you deserve.  Contact us today to schedule your confidential consultation!