If you or someone you may know has been injured as a result of another person’s actions, this is considered personal injury. When a person suffers from a personal injury, he or she has a right to receive damages or compensation for those injuries. This week in the Legal Corner, we will focus on personal injury matters.
In personal injury cases, the injured party has to prove that the part at fault irresponsibly caused the accident or injury. Additionally, there must be evidence that the accident or injury was the direct result of that party’s irresponsible actions. Some of the most common personal injury cases have included traffic accidents, slip-and-falls in public places and dog bites.
The injured party or plaintiff has the right to bring a claim or lawsuit against the party at fault or defendant in order to recover expenses related to medical care, lost wages or income, property damages and pain and suffering. Also, in some extreme cases, the injured party or plaintiff can recover damages for emotional distress or invasion of privacy.
However, North Carolina is considered an at-fault or contributory negligence state, thus the injured party or plaintiff could be held responsible for their actions and how they may have contributed to the incident. This means if the opposing party can prove that the injured party’s actions contributed to the accident in any way, the injured party or plaintiff could be prevented from receiving compensation for his or her injuries.
Additionally, North Carolina has certain rules concerning personal injury matters including statute of limitations. A statute of limitations determines the time period in which a lawsuit or court action must be filed. Generally the time period begins from the date of the incident and in other cases, the date the injury is revealed.
In personal injury matters, that statute of limitations is three years. If the injury is a result of negligent conduct, the injured party could have up to 10 years to file a claim. Negligent conduct is actions that reveal a failure to use a certain amount of care toward others where a reasonable person would or taking actions in certain matters where a reasonable person would not.
Next week in the Legal Corner, we will discuss certain personal injury matters in more detail.
Please remember that this information is only meant to inform our readers. This article does not include all of the detailed information and regulations related to personal injury matters or claims. If you have any additional questions about a potential personal injury claim or the process and requirements for filing a personal injury claim, please contact a local attorney.
As always: Be informed. Be prepared.
Bellonora McCallum is an attorney at the McCallum Law Firm, PLLC, in Rockingham. Reach her at 910-730-4064 or visit www.mccallumlawfirm.com.