A car accident can be an overwhelming experience, not just because of the injuries and property damage, but also the paperwork and phone calls that need to be handled quickly after the accident. It can be even more daunting if you don't know what steps to take afterward, particularly with the specific personal injury laws […]
Personal Injury Lawsuits Explained
Have you been hurt in an accident or did someone else's negligence cause you physical harm? If so, you may be entitled to file a personal injury lawsuit. This is a way for you to recover compensation for damages, including personal property, medical bills, lost wages, and pain & suffering. But navigating a personal injury lawsuit can be complicated and overwhelming and every case is unique. If you don’t know how to fix your car, you hire a professional to work on it for you. The same is true for a lawsuit, if you are not a trained legal professional, you shouldn’t try and “fix” your situation alone.
What is a Personal Injury Lawsuit? The Basics
A personal injury lawsuit is a civil action brought by an injured party against the person or entity responsible for their injuries. The lawsuit’s goal is to recover financial compensation for losses suffered due to an accident or injury. To win a personal injury lawsuit, you must be able to prove that the defendant is liable for your injuries. This means you must be able to show that their negligence or wrongdoing caused you harm. Types of personal injuries include actual bodily harm, pain and suffering, and emotional distress.
Many cases can reach a settlement before going to court, but sometimes taking a case to court is the only way to achieve a fair settlement of damages.
It is a personal injury lawyer’s job to gather evidence, consult with experts, and negotiate with insurance companies on your behalf. They will build a case file for you with evidence such as police or incident reports, expert analysis, medical reports and bills, witness statements, and photos of injuries and property damage. Your personal injury lawyer will also be there to guide you through the legal process and make sure your rights are protected.
Where are the Laws that Govern Personal Injury Cases in Charlotte, NC?
In Charlotte, NC personal injury lawsuits are regulated by a combination of state negligence laws and prior cases that have been decided. When filing a lawsuit, the plaintiff must meet several criteria, including filing the lawsuit within the statute of limitations, which is typically 3 years from the date of the incident, and proving that the defendant caused the injury. NC operates under a contributory negligence standard, meaning that if the plaintiff is found to be even 1% at fault for what occurred, they may not be entitled to any damages from the defendant.
If you've been injured due to another person's negligence or wrongful conduct, it's important to speak with an experienced personal injury attorney in Charlotte who can help navigate the legal system and obtain compensation for your injuries and damages.
How Does a Personal Injury Case Work?
A personal injury case is different from a civil lawsuit because it involves an individual needing compensation from another individual or entity for injuries inflicted on them by negligence. The injured person will file a lawsuit against the person or entity responsible for the injury, in order to get monetary compensation for medical bills, pain and suffering, and other expenses. A personal injury lawyer can help with these lawsuits by providing legal advice and guidance throughout the process. The lawyer will assist you in drafting a personal injury claim, investigating the accident or medical malpractice, gathering evidence, and negotiating a settlement with insurance companies and defendants. The plaintiff in a personal injury case must prove that the defendant is liable for the injury by showing that they were negligent or otherwise at fault for the accident.
Types of Damages You May Be Able to Recover in a Personal Injury Claim
In personal injury claims, the easiest expenses to claim and prove are those with actual bills - medical expenses, income lost from time away from work and property damage. Non-economic damages like pain and suffering, physical disfigurement, and mental anguish are harder to prove, but may also be recoverable. These are to compensate the injured party for pain and suffering.
A plaintiff in a personal injury case may also be able to recover punitive damages if the defendant's negligence was particularly egregious. North Carolina has caps on the amount of punitive damages allowed for different types of personal injury cases and the plaintiff must show that the defendant knowingly committed fraud, intended malice or willfully ignored known dangerous circumstances to receive punitive damages on top of actual damages.
When do most Personal Injury cases settle?
Most personal injury cases are settled out of court through negotiation between the plaintiff and the defendant. Negotiations begin after the plaintiff files a civil complaint against the defendant. A settlement could be awarded in the form of a lump sum or structured payment, depending on factors such as injuries, medical expenses, and damage to property. Every case is unique and there is no set timeline on how long it will take to get resolution on your case. Your attorney can give you a best estimate on a timeline after reviewing your case and consulting with the other parties involved.
Get Professional Help With Your Personal Injury Lawsuit
A personal injury case is a journey, and you have to be prepared for the emotional and physical strains it may bring. It is important to have someone on your side who knows the legal side of things, but also has an understanding of how personal injuries can affect you emotionally. A personal injury lawyer can help you understand the law, communicate effectively with insurance companies, medical professionals, and others involved in your personal injury claim, and fight for fair compensation for injuries caused by negligence or wrongful acts. They will provide guidance on the legal aspects of your case, help you analyze the damages, and argue your case in court if needed. It is vital to have a personal injury lawyer involved in your case as they can provide crucial legal advice and guidance that can lead to successful compensation for victims of negligence injuries.“Before choosing a personal injury lawyer to represent you in any case, be sure to ask them about their experience in resolving cases like yours,” advises Matt Fleishman, an attorney at Rosensteel Fleishman, PLLC. “We have the experience and track record to handle complex personal injury claims on your behalf.” Call the attorneys at Rosensteel Fleishman, PLLC today at 704-714-1450 for a free consultation about your case.
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