Short Answer

Yes. In North Carolina, settlement value includes both economic losses (like medical bills and lost income) and non‑economic harms such as pain, inconvenience, and loss of enjoyment of life. Your inability to drive and do favorite activities can be included if tied to the injury and supported by medical records and credible evidence. Keep in mind, North Carolina’s contributory negligence rule can bar recovery if you’re found even slightly at fault.

Understanding the Problem

You want to know whether North Carolina personal injury settlements account for your pain, driving limits, and the activities you missed. The question is: can you include these non‑economic impacts when valuing your claim against a property owner after a slip and fall? One key fact here is that you were unable to drive or participate in outdoor hobbies for about six months after a right‑ankle fracture.

Apply the Law

North Carolina law allows recovery of both economic and non‑economic damages in personal injury cases. Economic damages cover medical expenses and lost earnings. Non‑economic damages address human impacts like pain, suffering, inconvenience, and loss of enjoyment of life—often shown through medical notes, daily‑life limitations, and consistent treatment records. Claims are typically negotiated with the insurer; if suit is filed, cases go to North Carolina District or Superior Court depending on the amount sought. Most claims must be filed within three years of the injury.

Key Requirements

• Liability: The property owner’s negligence caused the fall.
• Causation: Your pain, driving limits, and activity restrictions stem from the ankle injury.
• Damages: Evidence shows medical costs and the real‑world impact on your daily life (journals, provider notes, family or coworker observations).
• No complete defense: Contributory negligence does not apply or is overcome; otherwise it can bar recovery.
• Mitigation: You followed reasonable medical advice to heal and limit losses.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limit for personal injury) - Personal injury claims are generally due within three years of the injury.
• N.C. Gen. Stat. § 8-58.1 (Medical expenses evidence) - Allows medical bills and related proof to establish the reasonableness and necessity of treatment.
• N.C. Gen. Stat. § 1-17 (Tolling for disabilities like minority) - Extends filing time for minors and certain disabilities.

Analysis

Apply the Rule to the Facts: Your broken ankle and six‑month recovery reasonably explain pain, inability to drive, and missed outdoor activities. Those non‑economic harms are part of settlement valuation if your medical records, therapy notes, and consistent descriptions connect them to the injury. Because this is a slip‑and‑fall, the insurer will also assess whether you shared any fault; under North Carolina’s contributory negligence rule, any plaintiff fault can defeat recovery.

Process & Timing

1. Who files: You or your attorney. Where: First, with the property owner’s insurer; if needed, in North Carolina state court (District or Superior Court, depending on the amount). What: A demand package (medical bills/records, proof of income loss, photos, and a description of pain and activity limits). If filing suit: Complaint and Civil Summons (AOC‑CV‑100). When: File suit before the three‑year statute of limitations.
2. Insurer review and negotiation. Expect requests for records and possibly statements. Timeframes vary by county and insurer; steady treatment and clear documentation usually move things faster.
3. Resolution. If settled, you’ll sign a release and the insurer issues payment. If not, the court will set a schedule for discovery, mediation, and trial, ending in a judgment or settlement.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you were even slightly at fault (for example, ignoring a plainly visible hazard).
• Gaps in treatment or not following medical advice can undercut the link between the injury and your limits.
• Preexisting ankle issues don’t prevent recovery, but you’ll need evidence showing the fall aggravated your condition.
• Inconsistent descriptions of pain or activities (including on social media) reduce credibility.
• Missing the three‑year deadline usually ends the claim; minors and certain disabilities may extend the time.

Talk to a Personal Injury Attorney

If you’re dealing with pain, driving limits, and missed activities after a fall, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.