What Constitutes a Personal Injury Claim in NC?

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Suppose you live in North Carolina and recently suffered an injury that you believe was caused by another party’s negligence. In that case, you may be wondering if you have a personal injury case.

The answer is: it depends on the injury.

What Constitutes a Personal Injury Claim in North Carolina?

Some personal injuries in North Carolina are heavily regulated.

If a dog attacks you or bites you in North Carolina, the owner and dog are protected under the “one bite rule.” Essentially, if this is the dog’s first attack, the owner had no reason to believe the dog was dangerous.

If your personal injury lawsuit is against the North Carolina State Government, there’s a different set of rules you’ll need to follow to win any compensation.

The law allows more leeway in personal injury cases such as a slip and fall, a traffic or car accident, or any other incident where someone else’s conduct caused the victim harm.

How Long Do You Have To File A Personal Injury Claim In North Carolina?

From the date of a victim’s personal injury, the victim has three years to file a personal injury claim in North Carolina’s civil courts. Regardless of the injury, if the victim and their legal team fail to file this claim within the three years, no compensation will be rewarded, and the court won’t hear the case.

If your injury isn’t immediately apparent on the accident date, victims have three years from the date they discover the injury to file the claim.

What Is Shared Fault?

Under North Carolina law, the defendant may claim the victim shares some responsibility for the injury, known as “Shared Fault.” If Shared Fault is proven, the total amount of monetary reward a victim may recover.

North Carolina enforces a “modified comparative negligence rule,” which means any monetary reward for the injury a victim may receive will be reduced by the amount equal to the victim’s percentage at fault. However, if the courts consider the victim more than 50 percent responsible for the injury, they cannot collect any money from other at-fault parties.

How Can I File A Personal Injury Claim In North Carolina?

If you suffered an injury and believe another party is at fault, contact the Knox Law Center’s legal team right away. Our expert legal team has 60 years of legal experience, winning our clients large recoveries to help deal with personal injuries. We provide free consultations to feel confident in the experience and help you’d receive with our experienced lawyers.

Our team has dealt with insurance companies refusing to give a report, victims unable to receive a paycheck, and hurt family members. We can help you navigate the legal proceedings, negotiate for you, and work for a swift resolution.


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