Compensatory Damages in North Carolina Personal Injury Claims

Compensatory Damages in North Carolina Personal Injury Claims

An unexpected car accident can leave you with injuries and other damages that may be financially draining. If you were hurt in an accident that was not your fault, the negligent driver should be responsible for your losses. You will want to learn as much as possible about collecting compensatory damages for your injury. An experienced North Carolina personal injury attorney will help you get the money you deserve.

Types of Damages

When you get hurt in an accident, you could suffer damages. Damages are losses that you suffered as a direct result of the accident. There are two main types of damages, including compensatory and punitive. Compensatory damages are actual costs that you incurred due to the crash. Punitive damages are payments that a judge may impose to punish a person for extremely negligent behavior. Punitive damages may apply in situations such as accidents that occurred due to drunk driving or reckless driving.

Compensatory Damages

Compensatory damages, also called actual damages, include a variety of types of losses. There are two main categories of compensatory damages – economic and non-economic.

Economic compensatory damages, also called special damages, are those that have an actual value or cost. Some examples of economic damages are medical costs to care for your injuries, compensation for lost wages if you were unable to work, and payment of rehabilitative treatment. Some types of compensatory damages that you may claim include past and future medical expenses, lost wages, reduced earning capacity due to the injury, and damages to your property.
Non-economic damages, also called general damages, are damages that do not have an exact charge associated with them. Non-economic damages are intangible losses. They encompass a variety of losses such as pain and suffering, mental or emotional anguish, loss of consortium, PTSD, and more. These damages may be more challenging to prove, but a knowledgeable attorney knows how to gather the necessary proof.

Proving Personal Injury Claims

In order to prove your personal injury claim, you must establish four main legal elements. These are:

Duty – The other party had a duty to use caution
Breach of Duty – The other party failed to act reasonably and was negligent or reckless.
Causation – The other party’s breach of duty caused the accident
Damages – The victim must have tangible damages as a result.

If you were the victim of an accident that was the other party’s fault, but you suffered no harm or injury, you are not able to meet the standard for filing a personal injury claim. You will need to substantiate your claim with documentation, expert testimony, witnesses, and other evidence.

Seeking Compensatory Damages

Compensatory damages are monies that are owed to you for your injuries in an accident. The negligent party is responsible for paying you for your losses. It is helpful to speak to an experienced personal injury attorney as soon as possible after the accident. Your attorney will guide the process and help you get the money you deserve. Many claims are resolved through negotiation and settlement, but if an adequate settlement is not obtained, the case may proceed to court.

If you or a loved one was hurt in an accident that was not your fault, you may be owed money. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation to discuss the details of your case today.

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:

https://www.law.cornell.edu/wex/punitive_damages

https://www.law.cornell.edu/wex/damages

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