North Carolina Personal Injury Lawyer
Were you injured due to another party’s negligence, under their care, or while on their property in North Carolina? Then you should consider consulting a North Carolina personal injury lawyer.
Under state laws, anyone incurring physical or emotional injuries due to another party’s negligence or wrongdoing is entitled to compensation. The compensation can cover any or all of the following types of losses:
- Property damage
- Medical expenses
- Lost wages
- Physical and emotional pain
- Disability-related losses and expenses
- Wrongful death, etc.
In some cases, when the harm was intentional or the consequence of extreme negligence, punitive damages may be awarded as well. Their purpose is to punish the party at fault and discourage similar behaviors.
The injuries or losses may occur as a result of a traffic accident, slip and fall, medical malpractice, defective product, dog bite, and more. Obtaining compensation for them may require filing an insurance claim or a civil lawsuit.
Both options involve following specific procedures and formalities, all subject to strict deadlines and covered by corresponding laws, rules, and regulations. Working with a NC personal injury lawyer at Ted A. Greve & Associates is a great way to avoid hassles and ensure compliance. Call our offices today at (844)387-8677
Table of Contents
When And Why Should I Hire A North Carolina Personal Injury Attorney?
The help of a lawyer can be invaluable in any personal injury case. Some cases are clear and straightforward, making it possible for the injury victim to take matters into their own hands. Others are more complicated, requiring the knowledge, experience, and skills of an attorney.
How do you differentiate between these two types of cases or when is legal help a necessity? You can be sure that you need legal assistance if your case matches one or more of the scenarios described below:
You Incurred Serious Injuries
Did the injuries you sustained due to another party’s negligence left you temporarily or partially disabled? Perhaps you were disfigured or suffered a severe trauma that significantly messed up your life and budget.
In this case, you should get in touch with a North Carolina car accident lawyer as soon as possible. You will need them to evaluate your claim and help you substantiate it. Your personal injury claim can cover, besides medical bills:
- Lost income
- Lost earning capacity
- Pain and suffering
- Disability adjustment expenses
The compensation could reach considerable amounts, on the condition that you manage to prove your losses. Of course, you should not expect the defendant to settle that easily. It will be up to your personal injury to convince them using evidence and their negotiation skills.
Liability for Your Injuries Is Unclear
Just because another person was involved in the event that led to your injuries it does not mean they were responsible. Perhaps they were just doing their duty or they were victims of another party’s negligence themselves. Perhaps several parties were involved and it is difficult to assess who caused everything.
Let’s say you were injured in an accident caused by a truck got off the road. Perhaps the driver speeded and lost control. But what if it was all the result of a malfunction due to poor maintenance? What if the truck service provider used defective parts? Hiring a North Carolina truck accident lawyer gives you the best chance to hold all parties accountable.
Or perhaps your injuries were the result of medical malpractice. You had a severe reaction to one of the drugs administered to you. Should you sue the doctor that prescribed the drug, the nurse that administered it, or the hospital? Perhaps the drug manufacturer failed to warn about possible interactions and allergic reactions. In a worst case scenario, a medical mistake could result in the the wrongful death of a loved one, but we have the North Carolina wrongful death lawyers to help you seek justice.
In all these cases and more, the knowledge and experience of a personal injury lawyer can make a difference.
Your Case Will Likely Reach Court
The mere filing of an insurance claim is no guarantee of acceptance. In fact, most insurance claims are initially denied, so do not panic if you received a negative answer.
If the denial was unjustified, you will need to file an appeal and, maybe, complain with the North Carolina Department of Insurance. You may even have to sue the insurance company for bad faith.
If the denial was justified or there is no insurance coverage available, you may have to sue your tortfeasor directly.
Court trials can take months, sometimes years, and involve tons of paperwork and endless formalities. You would not want to go through one by yourself.
How Much Does a Personal Injury Lawyer Cost?
Most personal injury attorneys in North Carolina will accept a contingent fee arrangement. This is one of the most beneficial and risk-free payment agreements available. According to it, the lawyer only gets paid if they win, when they do, from the compensation they obtain for their client.
Their fee is calculated as a percentage of the total compensation amount. The standard fee is 33.33% but it can range from 25% to 40%, depending on case specifics. The more difficult the case is, the higher the fees will be.
This type of payment agreement also guarantees the attorney’s commitment to obtain the maximum compensation. After all, the more money they obtain for their client, the more they will get paid for their services.
Since there are no down payments and preliminary costs, you have no reason to postpone getting help with your case. In fact, you should do that as soon as possible, as time is a sensitive issue in North Carolina personal injury cases.
North Carolina Statutes of Limitations and Exceptions
As mentioned above, NC personal injury cases are subject to strict deadlines, called statutes of limitations. Otherwise put, personal injury victims have a limited time period to claim compensation for their losses.
The period varies according to case specifics. According to NC statutes section 1-52, personal injury victims have three years to take action. The deadline starts running on the day they sustained their injuries.
After the deadline expires, most cases will be dismissed. Since personal injury claims need supporting evidence and involve strict formalities, their preparation should begin much earlier. In some rare cases, it is possible to take action after the three-year deadline has expired. The exceptions refer to:
Legally disabled or incompetent claimants
The three-year statute of limitations refers to adult, physically and mentally competent claimants. For minor claimants, the three-year deadline starts running when the claimant turns 18. For insane or otherwise disabled claimants, the deadline starts running when their disability is removed.
Sometimes, especially in medical malpractice cases, the victim discovers the injuries long after they have occurred. When that happens, the victim has minimum three years from the malpractice and minimum one year from the discovery date to seek compensation for their losses.
Foreign object left inside the patient
Generally, medical malpractice claims cannot be filed after more than four years. However, cases involving foreign objects left inside the patient and discovered only later are an exception. Victims have one year from discovering the object to take action, even if the object is discovered within nine years from the surgical error.
When injuries lead to death, the deceased’s family or representatives have only two-years to seek compensation for their losses. When the death occurs later after the injuries, the statute of limitations may be even shorter.
To make sure you file your compensation claim on time, you should consult a personal injury lawyer as soon as possible. After all, the sooner they start working on your case, the sooner you will recover your losses.
Contact Ted A. Greve & Associates for a Free Consultation
At Ted A. Greve & Associates, P.A., we have handled and won hundreds of personal injury cases. Our team includes reputed, reliable, and dedicated personal injury lawyers, medical professionals, paralegals, and licensed insurance adjusters.
We will gladly use our experience, knowledge, and skills to help you obtain the compensation you deserve. To find out more about what we can do for you, call our office to schedule a consultation with one of the best NC personal injury attorneys now! They will provide the information and advice you need and evaluate your claim for free.