Charlotte Injury Lawyers Blog
Common Personal Injury Claim Questions
What is a Personal Injury Claim?
A personal injury claim is a civil lawsuit that you may file against someone who caused you harm. A personal injury claim may be made on the basis of negligence, intentional wrong, or strict liability. A personal injury claim is designed to provide you with money to compensate for the damages you suffered. You must have sustained actual damages in order to get compensation on a personal injury claim.
What are Some Types of Personal Injury Cases?
There are many types of personal injury cases. Some of the most common include vehicle accidents, slips and falls, workplace accidents, medical malpractice, nursing home abuse or neglect, and product defects, among others. Some examples of personal injury cases include claims for injuries you suffered in a car accident, an injury you sustained when you fell due to someone’s negligence, an injury you incurred while working, harm you sustained because of the mistake of a medical professional, and injuries you got from a defective product.
What Damages May I Recover in a Personal Injury Case?
Damages are the actual costs that you incurred or will incur as a result of your injuries and may include such things as medical bills, lost wages, and pain and suffering. Damages are generally economic, non-economic, or punitive. Economic damages are such things as hospital costs and lost wages. Non-economic damages are damages that do not have an actual dollar amount, such as pain and suffering. Punitive damages are punishments the court imposes to deter future occurrences.
Charlotte Injury Lawyer Matt Arnold answers the question: “How much time do I have to file a claim for my personal injuries after an accident?”
How Can I Prove Negligence in a Personal Injury Claim?
In order to prove negligence in a personal injury claim, you will need to establish four elements. You must prove that the other party had a duty of care and also that the party breached that duty. You must show that the negligence caused you harm. Finally, you must prove you suffered damages as a result. Your attorney will help gather the evidence and information you need to prove your claim. Your lawyer will assist you with the case, including negotiating a settlement.
Should We Settle the Case Out of Court?
Most personal injury cases get settled out of court. Negotiation is the key to a fair settlement. If you have strong evidence, you will be more likely to be able to resolve the case more favorably. An experienced personal injury attorney has the knowledge and expertise to work with the parties to negotiate a settlement. If a fair settlement cannot be achieved, the case could continue to court for resolution.
How Long Do I Have to File a Claim?
North Carolina has a statute of limitations in place to limit the time to file a claim. Limits are in place because when too much time goes by, it can be more difficult for both sides to gather the evidence they need. The statute of limitations varies depending on the type of claim. In most typical personal injury cases, you will have up to three years to file a claim from the date of the injury. It is important to file a claim as soon as possible because it can take some time to gather the necessary information to begin the claim.
If you or a loved one was hurt due to someone’s negligence, you may be owed money for your damages. Do not delay – call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)
personal injury | Wex | US Law | LII / Legal Information Institute (cornell.edu)
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