What Types of Compensation Can I Get After an Accident in North Carolina?

After an accident in North Carolina, you may recover different types of compensation, including payment for medical bills, lost wages, and pain and suffering. The specific compensation will depend on the details of your case, such as the severity of your injuries and the circumstances of the accident.

Working with an experienced personal injury lawyer can help you identify all possible forms of compensation for your North Carolina accident and build a strong claim. Your car accident lawyer will also handle negotiations with insurance companies and ensure you do not settle for an offer that is less than what you deserve.

What Are Compensatory Damages?

Compensatory damages aim to reimburse accident victims for losses suffered in the accident. In North Carolina, compensatory damages fall into two categories: special damages and general damages.

• Special damages — These damages cover measurable financial losses, or economic damages, such as diagnostic tests, past medical expenses and ongoing medical care for bodily injury you have suffered, lost income, property damage, and other costs. For example, if you need surgery, physical therapy, or specialist appointments, or if you have a permanent disability that causes you to lose wages and reduces your earning capacity, special damages would compensate you for those losses and other out-of-pocket expenses. Calculating these personal injury damages is relatively straightforward. An expert may need to testify about your reduced earning capacity. Typically, you prove economic damages with receipts, invoices, bills, and pay stubs.
• General damages — These damages compensate you for non-economic losses like pain and suffering, emotional distress, or loss of quality and enjoyment of life. They are also called non-economic damages. These damages reflect the impact of the car crash, slip and fall, or other type of accident on your quality of life. Non-economic damages do not have a set dollar amount. However, attorneys and courts use methods to calculate pain and suffering and other harm that is related.

Fighting to secure special and general damages is essential for helping accident victims recover fair compensation. A personal injury lawyer can assess your case to calculate the compensatory damages you deserve.

What Are Punitive Damages?

Sometimes, an injury results from another person’s reckless conduct or intentional behavior. North Carolina courts may award punitive damages to punish a defendant and discourage similar actions in the future. To qualify for punitive damages under North Carolina law, or N.C. Gen. Stat. § 1D-15, the conduct must involve fraud, malice, or willful or wanton conduct.

Drunk driving is an example of willful or wanton conduct that might justify punitive damages. Unlike compensatory damages, which aim to reimburse victims, punitive damages focus on holding the at-fault party accountable for egregious actions. Your personal injury lawyer can evaluate your case to determine if seeking punitive damages suits your situation.

What Sort of Damages Are Available If the Accident Resulted in a Wrongful Death?

If an accident leads to wrongful death in North Carolina, the personal representative of the victim’s estate may pursue compensation through a wrongful death claim for the benefit of surviving family members. A wrongful death claim can help families manage the financial impact of their loss while holding the responsible party accountable for their actions. Wrongful death claims aim to address economic and emotional losses that a death causes.

Special damages may include medical expenses incurred before the victim’s death, reasonable funeral and burial costs, and the loss of the victim’s income. General damages may cover the loss of companionship, guidance, and emotional support the deceased would have provided.

In some cases, the court may also award punitive damages if the at-fault party’s actions were reckless or intentional.

How Are Personal Injury Settlements Paid Out in North Carolina?

After reaching a settlement agreement in a personal injury case, receiving your compensation typically follows several steps. Your North Carolina personal injury lawyer will guide you through each step to ensure the process goes smoothly. You should expect the following:

• Settlement agreement — Once both parties agree to a settlement, it is put in writing. This document outlines the settlement amount and confirms that you waive any future claims related to the accident.
• Release form signing — You must sign a release stating that you agree to settlement terms and release the at-fault party from further liability.
• Payment disbursement — The at-fault party’s insurance company processes the settlement payment. It may take many weeks to complete. Typically, the insurer will deposit funds in your lawyer’s trust account.
• Deduction of fees and costs — Your attorney will deduct their attorney fees from your award and other expenses related to your case, such as witness costs.
• Medical liens and bills — If you owe medical providers or have outstanding liens, your lawyer will use part of the settlement to fulfill those debt obligations.
• Payment to you — After your lawyer has completed all necessary deductions, you will receive the remaining settlement balance.

Does North Carolina Have Caps Settlement Compensation?

North Carolina limits damages in some personal injury cases. For example, the state caps general damages in medical malpractice cases at $656,730 as of January 1, 2023. The amount is adjusted every three years.

The cap does not apply to other personal injury claims, such as car accidents or premises liability cases. In those cases, special damages have no limit. Victims can recover the full extent of their measurable losses. A lawyer can help you understand how these caps may affect your case and work to maximize the compensation you receive under the law.

What Is the Statute of Limitations for a Personal Injury Claim in North Carolina?

North Carolina law (N.C. Gen. Stat. § 1-52) gives injured people three years from their injury date to file a personal injury lawsuit against the liable party. If you fail to file your claim in this period, you may lose your right to seek compensation. Contact a lawyer as soon as possible to ensure timely action and protect your chance to pursue the justice you deserve.

Contact a North Carolina Personal Injury Lawyer

The Law Offices of John Drew Warlick, P.A., has served Jacksonville and surrounding North Carolina communities for three generations. If you seek injury compensation, you can rely on our law firm to devote our extensive resources to your case and provide the personalized legal representation and support you deserve. Contact us today for a free consultation with an experienced North Carolina personal injury lawyer.