Following an accident or injury, many people wonder if they should file a Personal Injury (PI) lawsuit. Most have never dealt with PI suits and have no idea what to expect. They need guidance on how to establish fault, determine what amount the claim is worth, and what steps to take. Keep in mind; you don’t have to do this on your own. If you are pondering fling such as case, a Charlotte PI lawyer can help protect your legal rights. Many attorneys offer free consultations to see if your case is arguable.
Filing a Charlotte PI Lawsuit
Filing a PI lawsuit in Charlotte, North Carolina is a multi-step process. If you become injured due to someone else’s negligence, a Charlotte PI Lawyer can help you navigate the process. First, you Attorney will file a complaint with the Mecklenburg County Superior Court. Then the defendant must file an answer—usually through a lawyer. Both parties gather evidence regards to the accident that might be useful for the case. In a pre-trail conference, the judge and attorneys for both sides discuss possible settlements. You may settle out of court at this point. If you can reach a settlement, then the case goes to trial. After a judge hears the trial and renders a verdict, either side can appeal the decision to appellate courts.
Charlotte PI Laws and Rules
There are several state laws individuals should know if they become involved in a PI case in Charlotte, North Carolina. First is the time limit for Charlotte PI Lawsuits. All states have Statutes of Limitation on the length of time you have to file a. In North Carolina, the Statute of Limitations for PI cases is three years from the date of injury to file a civil lawsuit. Charlotte PI courts will deny hearings of cases regarding an injury that occurred more than three years prior.
Amount of Compensation from Charlotte PI Claim
In certain cases, the person or company you are filing a claim against may argue that you are partially or fully liable for the accident. If you do share some degree of blame, it can affect the amount of compensation you can claim. In shared fault cases, North Carolina uses a rule of “modified comparative negligence.” Simply put, this means that you could receive some amount of compensation based on the percentage of your legal blame in the accident. If you bear more than half of the liability, you cannot collect compensation from other parties who share the fault.
North Carolina has limitations on the kinds of damages an injured individual can claim in lawsuits. For example, in medical malpractice suits, non-economic damages awarded for pain and suffering are cannot exceed $500,000. Courts in North Carolina cap punitive damages at three times the amount of actual damages or $250,000. A Charlotte PI Attorney can help you understand the amount of compensation you can receive in your particular case. Be sure to document as much information as you can regarding the accident to give to your attorney.
Documenting Evidence for a Charlotte PI Lawsuit
The first thing you should do after an injury is to write down everything you can remember regarding the accident. A Charlotte PI attorney will need to know as many facts and details as possible to reach the best settlement. Memories can fade or alter over time, so it’s essential to document everything you can as soon as possible following the injury. If you are not medically fit to write, try dictating to a friend or family member or speak into a voice recorder. Written or recorded notes are more reliable than counting on memory. You can easily provide copies of your notes to a Charlotte PI lawyer for their records.
Put all the important facts together. Make a note of dates, times, and people involved. These details could prove useful months down the line. Make sure to document how the injury affects your daily life. You should establish the habit of documenting anything that could affect your PI claim. Keep a notebook in hand and jot down anything you remember while in the shower, as you fall asleep, etc. Document detailed records about the accident itself, what injuries you sustained, any economic or other losses incurred, conversations regarding the accident with witnesses, insurance adjusters, or medical personal.
Preserving evidence from the accident can help make your Charlotte PI claim as strong as possible. Return to the scene and locate evidence and take pictures of any contributing factors in the incident. Try to preserve any physical evidence of the accident and injury. If you cannot preserve the evidence, it’s a good idea to take photographs from several angles. Photos can make useful evidence in courts and for insurance purposes.
Determining Fault in a Personal Injury Suit
Determining liability in a lawsuit may be a rather painstaking process. A Charlotte PI Lawyer can guide you through the steps of determining who is legally responsible for an accident or injury. Usually, the case for liability rests on careless or negligent behavior. Most accidents occur due to carelessness. In general, the person who was the least careful is responsible for damages.
The legal fault is usually determined by who turns out to have been the most careless. For example, the owner of a property has no duty of care for trespassers who are where they’re not supposed to be. If the injured person was careless, there is less compensation depending on the level of carelessness. If a negligent employee causes an accident, the employer may partially share the legal responsibility. Building owners are liable for negligence if their property is poorly built or maintained. Manufacturers are legally responsible for defective products. A Charlotte PI Attorney can help you determine liability in your case.
Contact a Charlotte PI Lawyer
Contact the experienced Charlotte personal injury attorneys to learn more about your options. Ted A. Greve & Associates have more than 20 years of experience handling Charlotte PI lawsuits. Our large legal with have the resources to fight any case.