Charlotte NC Personal Injury Lawyer
Personal Injury
Personal Injury Law is the body of law that addresses the compensation of individuals who have suffered injury, primarily bodily injury, for which others are liable. While it includes actions based on intentional acts, such as assault or battery, the majority of personal injury claims are based on negligence. One reason for this is that most liability insurance policies do not provide coverage for injuries resulting from intentional acts.* Generally, negligence is the failure to exercise reasonable care to avoid causing injury to others. Negligence is the basis of most claims involving automobile accidents, medical malpractice, wrongful death, and premises liability. Damages recoverable in these types of actions include reimbursement for the cost of treatment the injuries suffered, lost income and pain and suffering.
In order to establish a negligence claim a person must show that the party alleged to be liable owed a duty, such as the duty to exercise reasonable care, to the injured person, that there was a breach of that duty that was the proximate cause of an injury, and that that injury resulted in damages being suffered. Negligence claims are subject to a number of defenses that may be asserted by the party alleged to have been negligent. A common defense to negligence claims in North Carolina is contributory negligence under which the person alleged to be negligent attempts to establish that the person seeking compensation was to some extent responsible for their own injuries. In North Carolina, a person who is even 1/10th of 1 percent responsible for their own injuries may not recover anything from the other party, even though that party was 99.9% responsible for the injuries.
Personal Injury Law also includes workers compensation, which deals with on-the-job injuries. Unlike other types of personal injury claims, workers compensation claims do not require a showing of negligence and are not subject defenses such as contributory negligence. Instead, to establish a workers compensation claim, a person must show that they were injured in an accident that occurred while they were on the job. Damages recoverable in workers compensation include the costs of medical treatment and wage compensation, but unlike negligence claims, do not include pain and suffering.
Please follow the links provided for a more detailed discussion of various types of personal injury claims.
If you or a loved one has suffered a personal injury for which another maybe liable, call Richard A. Peniston & Associates, P.A. now at 704-557-0919 or Contact Us. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
* In North Carolina, automobile liability policies provide coverage for damages resulting from intentional acts up to the minimum coverage limits mandated the Financial Responsibility Law. At present those limits are $30,000.00 per person and $60,000.00 per incident.