Tackling Complexities Of Personal Injury Law In North Carolina
Car crashes, commercial truck collisions, motorcycle wrecks, bicycle accidents and all-terrain vehicle flip-overs can cause life-altering injuries. When another driver causes your accident, whether because they were driving under the influence, texting while driving, or speeding and ran a red light, why should you have to be the one facing stressful financial worries?
The same can be said for injuries resulting from dangerous conditions on someone else’s property. Filing a claim against the negligent driver or property owner to pursue the compensation you need for medical treatment and other damages in the aftermath of an accident can be complex. Without legal help, you could miss filing deadlines and nuances of the law.
In North Carolina, you may file a personal injury claim up to three years from the accident date. However, suppose the insurance company proves you are responsible for the accident. In that case, you cannot collect monetary compensation due to the state’s contributory negligence laws. At Bain & McRae, LLP, we help clients throughout their claims to give them the best chance at obtaining compensation.
Clarifying North Carolina’s Contributory Negligence Laws
When it comes to proving negligence for accident injuries, North Carolina operates under contributory negligence laws. This means that if you are proven to be even 1% at fault for the accident, you may be unable to recover monetary compensation.
Because of the contributory negligence rule, injured claimants must demonstrate that they had no part in causing the accident to secure compensation. You will need experienced legal representation in your corner.
At Bain & McRae, LLP, we focus on obtaining fair compensation for motor vehicle accident victims and for those who have injuries from poorly maintained or unsafe premises.
Holding Property Owners Accountable In Premises Liability Claims
Property owners and managers have a duty to keep property open for use by others in a safe condition. If they cannot do so immediately, they must clearly warn those they expect to be on their property of potential dangers. If they do not, they could be held responsible to pay compensation.
The most common premises liability claims in North Carolina are slip-and-fall accidents, often due to wet floors, uneven surfaces, or poor lighting. Other frequent claims involve dog bites, inadequate security leading to assaults, and injuries from falling objects or a building’s defects.
Contributory negligence laws also apply to premises liability claims. Our lawyers at Bain & McRae, LLP, are here to help.
Evaluating All Potential Compensation In Your Claim
When a driver’s or property owner’s actions are proven to be negligent and the cause of your accident and injuries, you may have a right to collect economic and noneconomic damages. Economic damages can include monetary compensation for your:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Property damage
Noneconomic damages may include additional financial payment for your:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In cases where the negligent person’s actions were intentional or extremely reckless, the court may award punitive damages to punish the wrongdoer and deter similar conduct in the future.
Proving you were not at fault can be challenging without the right help. When you or a loved one suffers injuries, legal representation can help secure fair compensation.
Legal Options When A Loved One Dies Due To An Accident
The personal representative – also called an executor or administrator – of the deceased person’s estate is usually the person who will file a wrongful death claim in North Carolina. If someone is not listed in the deceased’s will, one could be appointed by the court. The personal representative acts on behalf of the beneficiaries of the deceased person, which can include:
- Surviving spouse
- Children
- Parents
- Other dependent relatives
A wrongful death claim following a fatal accident pursues damages for losses such as medical expenses, funeral expenses, loss of income, loss of companionship, and pain and suffering of the deceased before death.
If your loved one died after an accident, you have up to two years from the date of the accident to file a wrongful death claim. Some exceptions may apply. Call Bain & McRae, LLP, for counsel and advice as soon as possible.
Contact Our Experienced Personal Injury Lawyers For A Free Consultation
Our legal team at Bain & McRae, LLP, in Lillington, has more than 60 years of combined legal experience in North Carolina. We look forward to helping you understand your legal rights and options when you are suffering injuries or the loss of a loved one.
You may reach our office, conveniently next to the Harnett County Courthouse, by calling 910-239-8184 or sending us an online inquiry for a complimentary personal injury or wrongful death consultation. We can also provide guidance if you have an on-the-job injury.