How to File a Personal Injury Claim in North Carolina?

If you have suffered serious harm or injury due to the negligent or reckless behavior of another party, then it is essential that you understand how to file a personal injury claim in North Carolina. Whether you were hit in a car accident along Pine Harvest Drive in Leland or were attacked by a dangerous dog in Fawn Creek, hiring a personal injury attorney who can help you file a claim is essential.

Steps to Filing a Personal Injury Claim in North Carolina

In recent years, personal injury cases have surged by 78% and have cost over $1.3 billion to victims across the nation. Likewise, preventable deaths have increased by 157%. These cases cover a wide range of accidents and injuries, the most common including:

• Car accidents
• Medical malpractice
• Product liability
• Workplace accidents
• Catastrophic injuries
• Premises liability
• Wrongful death

If you suffer injury in any of these situations, or a loved one dies as a result of a personal injury, there are certain steps you need to take that can protect your future and help you file a claim. These steps include:

• Seeking medical attention. The first step you need to take when moving toward a claim is to seek medical attention. Even if you do not feel seriously injured, getting medically evaluated can add an extra layer of viability and security to your future claim. You should also follow all of your doctor’s advice, and failing to do so could harm your chances of recovery.
• Gathering evidence. Once you are physically able to do so, you should begin collecting evidence that will support your future claim. Due to the strict contributory negligence laws of North Carolina, solid, comprehensive evidence is essential. This evidence can include medical records, photos and videos of your injuries and the accident site, witness testimony, police records, and pertinent social media posts.
• Hiring a lawyer. Shortly after your accident, you need to hire a lawyer. The sooner you hire an attorney, the sooner they can begin to help collect and preserve evidence, listen to your side of the story, and build you a strong foundation for your future claim.
• Filing your claim. Once you have spoken with your lawyer and a solid base of evidence is established, it is time that you file your official claim with the applicable court. There are two forms that you will need to file. The first is known as a civil complaint. It describes the accident, who was at fault, the extent of your injuries, and your demand for compensation. The other document is a civil summons served to the liable party.
  Once the claim is filed, the following steps will begin:
• Discovery phase. Once the liable party has been served, both sides of the case will enter what is known as the “discovery phase.” This is often the longest and most crucial part of any personal injury case. Both sides will review the details of the case and comb through all evidence, deciding what can be admitted into official consideration when determining the outcome of the case.
• Settlement discussions. In a majority of personal injury cases, the claim will be settled before it ever reaches trial. Your attorney will send a demand letter on your behalf that lays out the ways the accident impacted your life and will also include the exact monetary amount you are pursuing. Negotiations will then start, typically involving multiple different offers from both sides of the table.
• Trial. In rare situations where a settlement is not possible, your case will move toward a trial. All evidence and arguments will be presented, and each side will get an opportunity to respond. Trials can last anywhere from a few days to a few years, depending on the details of the case.

About Christina Rivenbark & Associates

For over 30 years, the team at Christina Rivenbark & Associates has been serving the people of North Carolina when injuries occur. We understand that this is a difficult time for you and your loved ones, and we hope to be there for you, aiding in your journey toward damage recovery.

FAQs

Where Do I File My Personal Injury Claim?

When the time comes to file a personal injury claim in North Carolina, you need to file the claim in civil court. This claim will need to be filed in the country where the injury happened, where you live, or where the at-fault party is based. For example, if you were injured in Wilmington, you would file your claim at the New Hanover County Courthouse at 316 Princess Street.

What Is the Hardest Injury to Prove?

Oftentimes, the hardest injuries to prove are those that do not show up right away or aren’t visible on traditional tests. This can include injuries like chronic pain, headaches, brain fog, or memory loss. While all of these are serious and life-altering, tests like CT scans and MRIs might not show any dysfunction.

What Is the Statute of Limitations for Personal Injury in NC?

In North Carolina, the statute of limitations for all personal injury claims is three years. This means that you have exactly three years following the date of your injury to file a claim. If you fail to file within that time frame, your case will likely be dismissed, and you will lose any chances of damage recovery.

What Are the Four Elements to Prove Negligence in a Personal Injury Case?

In any personal injury case, there are four elements your lawyer will need to prove in order to establish the negligence of the at-fault party. These elements include duty of care (the liable party has a duty of care to keep others safe), breach of duty (the liable party breached this duty through an act of negligence), causation (your accident and injuries were caused by this breach), and damages (you suffered actual damages as a result).

Hire a Personal Injury Lawyer Today

When the time comes to file a personal injury claim in North Carolina, you must hire a personal injury lawyer you can trust. At Christina Rivenbark & Associates, we are here to put your needs above everything else. You can count on us to do the work necessary to recover compensation on your behalf. Contact our Leland or Wilmington office today and book a consultation.