When the actions of one party cause economic damages and/or physical harm to another party, the injured party has the right to seek accountability and compensation for their damages with a personal injury claim. State law allows the plaintiff in a personal injury case to seek repayment of any damages they sustained as the results of the at-fault party’s actions. If you intend to file any type of personal injury claim in the near future, it’s natural to wonder what your case may be worth.
The purpose of any personal injury claim is for the victim to secure the compensation they need to be as “whole” as possible again after suffering harm from another party’s actions. Most of the personal injury claims filed are responses to acts of negligence, or failure to exercise appropriate care in a given situation. If another party injured you through negligence, you must prove they held some duty of care that they failed to meet, and then prove their negligence directly caused your claimed damages.
It is also possible for an intentional act to cause a personal injury. If the defendant who injured you caused the injury through some act of intentional misconduct, the state is likely to file criminal charges against them, and this could influence your civil suit for damages in several ways. The judge overseeing your civil suit may award you additional punitive damages to punish the defendant’s behavior. It is also possible for the judge handling the defendant’s criminal sentencing to include restitution as one of their penalties.
Your personal injury attorney is the optimal resource to consult when it comes to determining the various ways the nature of the defendant’s behavior might influence your case. An experienced legal team is the ideal asset to have if you plan to pursue any type of civil claim for damages.
Damages available in a personal injury case include economic damages, or the direct financial impact of the defendant’s actions, and non-economic damages, which include the physical pain and psychological suffering the patient endured because of the defendant’s actions. You might be surprised to discover that your claim is worth much more than you initially expected once you have the right attorney handling your case.
Your attorney can potentially help you recover compensation for medical expenses, both immediate and future, if you suffered physical harm from the defendant’s actions. They will also be liable for income you are unable to earn due to their actions, including lost future earning capacity if they left you permanently disabled. You can seek repayment of any property that was damaged or destroyed by the defendant, and the amount of pain and suffering compensation you obtain should reflect the severity of your experience resulting from their actions.
The team at Christina Rivenbark & Associates takes personal injury clients on a contingency basis. This ensures the client is not required to pay any upfront or ongoing fees for representation, and they only pay a legal fee once we win their case. With a contingency fee agreement, the attorney takes a percentage of the total case award won for their client. If they cannot secure compensation on the client’s behalf for any reason, the client pays nothing.
Every personal injury claim filed is unique, and many types of civil suits unfold under the purview of personal injury law. While it is difficult to assess an average for all personal injury claims that would help a client estimate their case’s potential value, it’s important to know what damages are available in most personal injury claims. On average, a personal injury plaintiff will recover the entirety of their economic damages and suitable compensation for the pain and suffering they experienced.
The statute of limitations or time limit for filing your personal injury claim in the state is three years from the date the injury occurred. You must submit a detailed complaint to your local civil court, naming the defendant or defendants you believe to be responsible for your damages, a complete list of those damages, and an explanation of the remedy you are seeking. Your attorney can assist you in drafting a compelling initial complaint that encourages the defendant to seek a speedy resolution.
The state does not place any limits or caps on pain and suffering compensation in most personal injury claims. There are many possible ways to calculate appropriate pain and suffering compensation for your case, and your attorney will help you determine a reasonable amount to seek in response to the personal injury you experienced. It’s possible to recover more in pain and suffering compensation than the total of your claimed economic damages.
North Carolina enforces the contributory negligence law, and this law applies to any personal injury case in which the defendant shares liability with the defendant for causing the damages in question. Under this law, the plaintiff may not recover compensation from the defendant if they bear any partial liability for causing the damages in question, even if their fault is slight. Your attorney is the optimal defense you have against any allegations of contributory negligence from the defendant.
Christina Rivenbark & Associates has years of professional experience in personal injury law, and we know the various legal challenges that are likely to come into play as you seek compensation for the losses you suffered. If you are ready to learn more about the legal services we offer, contact us today and schedule a consultation with an experienced personal injury attorney you can trust.