Personal injury
Commonly Asked Questions
What is a wrongful death lawsuit in North Carolina?
A wrongful death lawsuit in North Carolina is a legal action taken when a person dies due to the negligence or wrongful act of another party. This type of lawsuit allows the deceased’s family members to seek compensation for their loss, including medical expenses, funeral costs, lost income, and emotional suffering. In North Carolina, only certain family members, such as spouses, children, or parents, can file this type of claim. It is essential to consult with a knowledgeable attorney who can guide you through the complexities of the legal process and help you understand your rights.
How long do I have to file a wrongful death lawsuit in North Carolina?
In North Carolina, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. This means that you must initiate your claim within this timeframe to ensure your right to seek compensation is preserved. Failing to file within this period can result in losing your opportunity to recover damages. It is crucial to act promptly and consult with a qualified attorney who can help you gather the necessary evidence and file your claim on time.
Personal Injury Cases We Handle
At Wallace Pierce Law, we can assist you in determining whether you are eligible to file a personal injury or wrongful death claim, as well as what damages you may be entitled to receive.
Our Durham personal injury lawyers handle a variety of cases, including:
We can assist you with all aspects of your claim, from dealing with the insurance adjuster to finding suitable medical care. Regardless of the complexity of your case, our firm is here to help you through the process so that you can rest, heal, and move forward with your life.
Continue reading to learn more about the personal injury process and your rights, or contact us directly at (919) 313-2737 for a free, no-obligation consultation with our personal injury lawyer in Durham.
Who Is Eligible to File a Personal Injury Claim in North Carolina?
In most cases, whether or not you are able to file a claim for damages depends on the issue of negligence. When someone—be it a person, a business, or even a governmental agency—acts negligently, they are typically liable for any harm their negligence causes.
Someone is liable for your damages if:
- They owed you an implied or explicit duty of care
- They breached that duty of care
- You suffered injuries/harm as a result
- Your injuries/harm led to measurable damages
For example, when people operate cars and other motor vehicles, they owe others on the road an implied duty of care. This means they have a responsibility to follow all traffic laws and drive with reasonable caution so as not to put others at risk. If someone is texting while driving, they are not only breaking the law, but they are also acting negligently, as they are distracted by their cell phone. If that person hits you, causing an accident in which you suffer multiple broken bones and severe whiplash, you can hold that person liable for your resulting damages.
There are few instances in which you do not need to show that someone was negligent in causing you harm in order to seek compensation. Such exceptions include most defective product cases and workers’ compensation claims.
What is the Statute of Limitations for Personal Injury Claims in North Carolina?
In the state of North Carolina, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. This legal time frame is crucial for ensuring that your case is heard in court. If you miss this deadline, you could lose your right to pursue compensation for your injuries.
However, specific circumstances can alter this timeline. For example, if the injury was not instantly apparent, the statute of limitations may begin when the injury was discovered or should have been discovered. Understanding these nuances is critical for effectively managing your claim and securing the compensation you need.
How Our Personal Injury Lawyer Can Help You
How we can assist you by:
- Comprehensive Case Evaluation: We begin with a thorough evaluation of your case. We assess the circumstances of your injury, review medical records, and gather and review evidence to build a strong case. This initial assessment helps us understand the full extent of your injuries and the impact they have on your life, which is crucial for determining appropriate compensation.
- Experienced Legal Guidance: Personal injury law can be intricate, involving various legal principles and procedural rules. We are well-versed in North Carolina’s personal injury laws and are prepared to guide you through every step of the process.
- Negotiation with Insurance Companies: Insurance companies often seek to minimize their payout, which can be challenging when dealing with serious injuries. We handle all communications with insurance companies, so you can focus on your recovery.
- Building a Strong Case: To support your claim, we gather and present compelling evidence, including medical records, witness statements, and expert opinions. We aim to establish liability and demonstrate the full extent of your damages, which includes medical costs, lost earnings, pain and suffering, and other related losses.
What Are Personal Injury Damages?
We’ve mentioned “damages” a few times, but you may be wondering exactly what this refers to. In legal terms, damages are any economic or non-economic losses you have suffered as a result of the accident or incident that caused you harm.
Some examples of common damages in personal injury claims include:
Medical expenses, including ambulance and emergency room fees, treatment costs, ongoing rehabilitative care, transportation to doctors’ appointments, medications, etc.
Lost wages/income, including future lost wages/income for time taken off work to receive medical treatment and/or heal
Lost or reduced earning capacity when your injuries are disabling/prevent you from returning to work or obtaining any gainful employment at all
Pain and suffering, including emotional distress and trauma associated with the incident, such as post-traumatic stress disorder (PTSD)
Property damage repairs, such as the cost of repairs/vehicle value when your car is damaged or totaled in an accident
In wrongful death claims, surviving family members may seek compensation for damages such as medical expenses, funeral expenses, loss of income, loss of companionship/support, and loss of expected inheritance.
Contact Wallace Pierce Law today to get started with our Durham personal injury attorney.
