Personal Injury FAQs
This is general information related to personal injury cases based upon North Carolina law. Every case is different and the application or exceptions to the general laws may be different in your case. You should always consult an experienced and knowledgeable North Carolina personal injury attorney if you have specific questions or if you need any legal advice on these issues. Our law firm has been in the business of helping injured people and fighting insurance companies since 1981. Our attorney, Danny Glover, Jr., was recently elected as the Chair of the AutoTorts Section of the North Carolina Academy of Trial Lawyers and has for years served on the Board of Governors and other various boards and committees of the North Carolina Advocates for Justice.
CLICK ON YOUR QUESTION.
- What exactly is a personal injury case?
- What is negligence?
- How long can I wait before making a personal injury claim?
- I think I may have a personal injury case. How do I know for sure?
- What if my injuries or losses are partially my fault?
- What kind of damages am I entitled to if I get hurt?
- What is my personal injury lawsuit worth?
- What if the insurance company does not offer me a fair settlement?
- How do I pay my attorney?
What exactly is a personal injury case?
The term “personal injury”, as it is used in the legal field, is a broad one that encompasses any kind of accident or occurrence that results in bodily injury. It is an area of law designed to protect people who are injured or otherwise harmed by the negligence, recklessness or intentional acts of others. Examples include:
- Car accidents
- Bicycle accidents
- Catastrophic injuries
- Dog bite injuries
- Dump Truck accidents
- Motorcycle accidents
- Nursing home abuse / Nursing home neglect
- Pedestrian injuries
- Slip and fall accidents
- Truck accidents / Tractor Trailer collisions
- Wrongful death
All people have an obligation to be careful in their actions to avoid harming themselves as well as those around them. In the legal world, negligence occurs when a person’s carelessness causes injury to another. In basic terms, negligence is the failure to use reasonable care. Negligence can occur because of an affirmative act, or due to the failure to act in some circumstances. To bring a successful negligence claim, an injured person must prove that he/she was owed a legal duty by the person that injured him, that an injury was caused by a breach of that duty, and that he/she would not have been injured if the breach had not occurred. If these three things can be shown, then the person that caused the injury is responsible for the injury and damages caused by the negligence.
How long can I wait before making a personal injury claim?
If you have been injured because of someone else’s carelessness, you have a limited amount of time in which to file a claim. This time period, known as a “statute of limitations”, begins on the date that the injury occurred or was discovered. In North Carolina, the statute of limitations in a negligence case is typically three years from the date of the injury. In the case of a death, the decedent’s family generally has only two years to file a lawsuit. If you miss the deadline for filing your claim, you may lose your legal rights and ability to recover compensation. This is one of the many reasons why it is so important to consult a NC personal injury lawyer as soon as possible after you suffer or discover an injury. Contact the personal injury attorneys Teague & Glover today.
I think I may have a personal injury case. How do I know for sure?
All personal injury cases have two elements in common -- liability and damages. Liability answers the question of whether the person accused of causing the injury actually engaged in any wrongful conduct. Damages are a determination of how much money should be paid to compensate the injured person. If you can demonstrate that the defendant is legally responsible for your personal injury and that the nature and extent of your injuries and losses outweigh the expenses and risks of pursuing a claim, you may have a personal injury case.
What if my injuries or losses are partially my fault?
North Carolina is one of only a handful of states that still enforce the defense of contributory negligence. This means that if your own negligence contributed to your injuries or damages, you are not entitled to recover anything from the other responsible parties or their insurance companies. An experienced personal injury attorney can determine the relative fault of all the parties involved and determine whether you should pursue a claim.
What kind of damages am I entitled to if I get hurt?
Damages are meant fully compensate you and balance out the harms you suffered as a result of someone else’s negligence. If you are injured as a result of someone else’s negligence or carelessness, you may be entitled to any or all of the following types of compensation. Our firm can assist you in making sure that you recover fair compensation for all of your injuries. Those may include
- Property damage
- Loss of the use of your property, i.e., rental car
- Medical bills and future medical bills
- Lost wages or income
- Loss of future earnings or loss of future earning capacity
- Permanent scars
- Loss of the use of a body part
- Physical pain
- Mental suffering and aggravation
- Future pain and suffering
- Permanent disability
- Grief and heartache
- Funeral bills
- Burial expenses
- Loss of relationship with a deceased family member
What is my personal injury lawsuit worth?
Many factors go into determining the value of a case including fault; the nature and extent of your injuries, financial losses and pain and suffering; and the amount of insurance held by the defendant. Our practice focuses on making sure that the insurance company, or the jury, completely understands the nature and extent of your losses so that we recover full compensation for your case.
What if the insurance company does not offer me a fair settlement?
Insurance companies are supposed to offer injured victims reasonable and fair compensation in a timely manner. However, insurance companies are in business to make money, and they increase their profits by decreasing their payments to injury victims. Our firm regularly forces insurance companies to trial when they fail to pay fair compensation to our clients in northeastern North Carolina, including Elizabeth City, Kitty Hawk, Nags Head, Corolla, Duck, Kill Devil Hills, Manteo, Hertford, Edenton, Camden, Currituck County and all of the Outer Banks. While it is usually in everyone’s best interest to settle a case before trial, if we are unable to reach a fair settlement with the insurance company, then our firm will file a lawsuit for you in the proper court to allow the judge or jury to award all of the compensation to which you are entitled, and we have been doing so for over 27 years.
We work on a contingency fee basis, which means that you pay our attorney’s fees only after we collect compensation money for you. In most cases, if we do not recover compensation for your injuries, then you do not owe us any attorney’s fees. Of course, the out-of-pocket expenses necessary to investigate or litigate your claim are your responsibility whether or not you recover money for your injuries.
For more information on Personal Injury, please review our personal injury pages:
