How A Personal Injury Case Is Handled In North Carolina

injured elderly man
If you’ve suffered an injury on the job in North Carolina, in addition to recovering from your injuries, you may be feeling anxious about how your employer and the North Carolina legal system will handle your personal injury case.

The two most important things to know about personal injury cases In North Carolina are:

  1. Employees have three years to file a personal injury claim;
  2. North Carolina enforces “shared fault.”

How Long Do I Have To File A Personal Injury Lawsuit In North Carolina?

If you suffer a personal injury accident, such as a slip and fall on someone else’s dangerous property, you have three years from the date of the injury to file the case.

If you fail to file the lawsuit before the three-year deadline, the defendant, the person you’re trying to sue, will likely file a motion to dismiss your case. The court may not even hear your case in the first place.

There are rare exceptions to this rule. If the injured party classifies as having a “legal disability” at the time of the accident, the statute of limitations clock won’t start until the legal disability is lifted. Legal disability can include someone who is considered clinically insane, incompetent, or under the age of 18 years old.

Does North Carolina Enforce Shared Fault In Personal Injury Lawsuits?

Even if the environment was unsafe, the court might see you as responsible, depending on your behavior. For example, if you’re walking and texting on your phone, so you’re not looking around during your accident, you can be considered at fault. Other reasons you may be responsible for contributing to the accident include trespassing on a part of the property that’s clearly marked as dangerous or wearing footwear that was not practical for your surroundings.

If you suffered an injury in North Carolina and contributed in some portion to the accident, the court will reduce any monetary compensation you could receive for the injury in proportion to your amount of fault in the incident.

This rule is known as the “modified comparative negligence rule.” However, if your share of fault in the accident exceeds 50 percent, you will not be eligible for any compensation.

What Should I Do If I Suffered A Personal Injury At Work In North Carolina?

If you suffered a personal injury in North Carolina, you will want to enlist the help of a seasoned legal team with vast experience in the state’s personal injury law, such as Hyland, Padilla, & Fowler’s firm.

Hyland, Padilla, & Fowler’s lawyers have recovered more than $40 million for our clients and want to represent you. We offer clients free consultations to understand your case better, and you can learn our proposed legal strategy.

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