A personal injury lawsuit in North Carolina involves legal procedures designed to compensate individuals who have suffered harm due to the negligence or intentional actions of another party. Personal injury lawsuits can include motor vehicle wrecks, trucking collisions, products liability, pharmaceutical and medical device, including Exactech and Cartiva, and nursing home cases.
KBA Attorneys’ Partner, Whitney Butcher has more than a decade of experience in various personal injury cases in North Carolina. She has litigated and tried cases in North Carolina, as has KBA’s other attorneys.
When there is a North Carolina bed sore, or a North Carolina accident, or North Carolina medical malpractice, our team is there to listen, learn, and litigate for Tarheels. If you have been injured due to the fault of another, read on for a general overview of how the process works:
1. Consultation with a Personal Injury Attorney
- Initial Meeting: The process typically begins with the injured party (plaintiff) consulting a personal injury attorney to discuss the case details, including the circumstances of the injury, the extent of harm, and potential legal options. It’s important to speak with an experienced North Carolina personal injury attorney as soon as possible.
- Case Evaluation: The attorney evaluates the case to determine its viability, considering factors like negligence, causation, and damages, and other areas of the law that may be specific to North Carolina.
2. Filing the Lawsuit or Submitting a Claim
- Pre-suit Settlement: Sometimes North Carolina personal injury attorneys will submit a claim to the anticipated defendant or its insurer before filing a lawsuit. This confidential process can save time and money for personal injury victims if the defendant or its insurer is amenable to it. Experienced personal injury attorneys can sometimes settle claims without having to go to court directly, or through alternative dispute resolution methods including mediation and arbitration.
- Complaint: If the case is considered viable and a pre-suit resolution cannot be reached, a North Carolina personal injury lawyer may file a complaint in the appropriate North Carolina court to start a lawsuit. The complaint outlines the legal and factual basis of the claim against the defendant (the party alleged to be responsible for the injury).
- Service of Process: The defendant is served with the complaint and a summons, notifying them of the lawsuit and requiring them to respond.
3. Discovery Phase
- Exchange of Information: Both parties engage in the discovery process, exchanging documents and evidence related to the case. This may include medical records, witness statements, and other pertinent information.
- Depositions: Witnesses and involved parties may be deposed to gather sworn testimony.
- Experts: Many times, the parties must engage experts to address complicated issues in the case. This can concern the standard of care, or causation – whether the incident at issue caused or contributed to the plaintiff’s injuries.
4. Pre-Trial Motions and Settlement Negotiations
- Motions: Parties may file motions to resolve or narrow the issues before trial, such as motions for summary judgment. These motions seek to end the case entirely or limit evidence that a party can introduce at trial.
- Settlement: Many, but not all, personal injury cases are settled out of court. The parties may negotiate a settlement at any time during the process, often with the assistance of mediators.
5. Trial
- Presentation of Evidence: If the case goes to trial, both sides present their evidence and arguments to a judge or jury.
- Verdict: The judge or jury makes a decision on liability and, if applicable, the amount of damages to be awarded to the plaintiff.
6. Appeal
- Right to Appeal: Either party may appeal the trial court’s decision to a higher court if they believe a legal error has affected the outcome.
Important Considerations in North Carolina
- Contributory Negligence: North Carolina follows the doctrine of contributory negligence, which means if the plaintiff is found even slightly at fault for their own injury – even as little as 1% – it can be a complete bar to their ability to recover any damages.
- Statute of Limitations and Statutes of Repose: There is a time limit for filing a personal injury lawsuit in North Carolina. Failing to file a complaint or assert a claim within this period can result in the loss of the right to sue.
- Admitted Liability: One of the things that is unique to North Carolina is the fact that a defendant can admit liability and then at trial, get to present their closing argument to the jury last. When there is a trial before a jury, usually the plaintiff’s attorney gets to present a closing argument first. The defense lawyer goes second. The plaintiff’s lawyer then gets to go again, to respond in a rebuttal closing argument. However, in North Carolina, if the defendant admits it was liable, the defense lawyer would actually get the last word. This can provide a strategic advantage to the defendant in such cases.
North Carolina Nursing Home Lawyer
Unfortunately, some residents of nursing homes are injured due to the negligence or neglect of the nursing home. Injuries from falls, bed sores, pressure ulcers, assault, and wrongful death could all be indicators that your loved one has suffered due to the errors of a nursing home.
Our North Carolina nursing home attorney will not stand for North Carolina nursing home abuse. Call us if your loved one had a North Carolina pressure ulcer. Our team will support your family if your loved one had a north Carolina pressure wound. Bedsore cases are tough, but we will help you be stronger and overcome the challenges. We litigate bedsore lawsuits with passion and empathy.
Our Nursing Home team is top notch. We have secured millions of dollars for families. Our trial lawyers have obtained multi-million dollar verdicts. Prior results do not guarantee future results. Each case is different, so it is important to speak with an attorney about your specific situation.
North Carolina Trucking Accident Lawyer
When there is a North Carolina trucking accident, our team is there to help. Our North Carolina personal injury lawyer has also handled motor vehicle and truck accident cases, as has the rest of our team. Our North Carolina truck accident attorney knows the state well and has the expertise, experience to support anyone involved in a North Carolina accident.
We know how to establish liability and maximize compensation for damages. Using federal regulations and polished litigation experience from written discovery to corporate depositions, our attorneys fight hard and smart. Indeed our Raleigh personal injury lawyer is especially good at motions practice. Our multi-state teams collaborate to bring clients results.
Contact the North Carolina Personal Injury Lawyer Team Today
Given the complexity of personal injury law and the nuances of each case, individuals considering a lawsuit are advised to consult with a qualified personal injury attorney who can provide guidance specific to their situation and help navigate the legal process in North Carolina. Specific types of cases, such as nursing home and other medical malpractice cases, catastrophic injury, or products liability cases such as failed hip implants or toe implants, have additional nuances.
Contact a North Carolina personal injury attorney at KBA to see what we can do to help. Call us at 855-KBA-LAWS (522-5297).
More About our North Carolina Nursing Home Abuse Lawyer & North Carolina Truck Accident Attorney
We are here for North Carolina. Our North Carolina personal injury team combines experience, expertise, and empathy.
Our Experienced North Carolina Nursing Home Abuse Lawyers Fighting for Your Loved Ones
When you entrust a nursing home with the care of your family member, you expect the highest standard of care. Unfortunately, nursing home abuse and neglect in North Carolina remains a serious concern. Our dedicated nursing home abuse attorneys have recovered millions in compensation for families affected by:
– Severe pressure ulcers and bedsores from inadequate care
– Falls resulting in broken bones and head injuries
– Medication errors and improper administration
– Physical abuse and unexplained injuries
– Malnutrition and dehydration
– Emotional abuse and neglect
– Wrongful death cases
Past results do not guarantee future outcomes; each case is different, so contact us to discuss your case. Our north carolina nursing home abuse attorney is here to help. Our team thoroughly investigates every nursing home case, working with medical experts to document violations of care standards and build compelling evidence of negligence.
We understand the complex regulations governing North Carolina nursing homes and how to hold facilities accountable.
Premier North Carolina Truck Accident Lawyer
Our North Carolina truck accident attorney enforces the rules of the road. Commercial truck accidents can devastate families, leading to catastrophic injuries and overwhelming medical bills. Our experienced truck accident attorneys handle cases involving:
– Tractor-trailer and semi-truck collisions
– Delivery truck accidents
– Logging truck crashes
– Hazardous material spills
– Multi-vehicle truck accidents
– Fatal truck collisions
We excel at investigating truck accidents by following a system
Our expertise in tort law and federal regulations, combine with experience filing pleadings, drafting and responding to discovery, and taking hard-hitting depositions, is just the tip of the iceberg. A team of lawyers collaborate and refine a system to investigate, litigate and resolve truck accident cases at KBA.
Some steps we generally take include:
– Obtaining and analyzing electronic logging device (ELD) data as appropriate
– Reviewing maintenance records and driver qualifications, logs, and related documentation
– Documenting Hours of Service (HOS) violations
– Investigating loading procedures and weight restrictions
– Examining compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations
Why Choose Our North Carolina Personal Injury Lawyer Team?
Proven Track Record in Complex Cases
Our attorneys have secured numerous multi-million dollar settlements and verdicts across North Carolina. We handle challenging cases involving:
– Catastrophic injuries
– Wrongful death claims
– Medical malpractice
– Defective medical devices
– Product liability
– Complex multi-party litigation
Comprehensive Legal Support
We provide end-to-end legal assistance:
– Free initial consultations
– Thorough case investigations
– Expert witness coordination
– Aggressive settlement negotiations
– Strategic trial preparation
– Compassionate and emphatic representation
Understanding Some North Carolina Personal Injury Law Basics
Important Legal Deadlines
The following are general deeadlines. Do not rely upon them. Contact a North Carolina personal injury lawyer right away. If a product injured you, contact a North Carolina product liability lawyer at KBA right away regardless of the timing of your case as they involve specific nuances.
North Carolina law sets strict deadlines for filing personal injury claims:
– General personal injury: 3 years from the date of injury
– Wrongful death: 2 years from the date of death
– Medical malpractice: Generally 3 years, but can be as short as 1 year in some cases
Contributory Negligence in North Carolina
North Carolina follows a strict contributory negligence rule. If you are found even 1% at fault for your injury, you may be barred from recovery. Our experienced attorneys know how to protect your rights and counter contributory negligence defenses. Our Maryland personal injury lawyer has to deal with the same strict law. These states are unique and plaintiffs in these states require strong representation.
Free Case Evaluation
Contact our North Carolina personal injury lawyers today for a free, confidential consultation. We handle cases throughout North Carolina. We have the following available to you:
– Charlotte personal injury lawyer
– Raleigh personal injury lawyer
– Greensboro personal injury lawyer
– Durham personal injury lawyer
– Winston-Salem personal injury lawyer
– Wilmington personal injury lawyer
– Asheville personal injury lawyer
We are not limited to these places, so if you need a North Carolina personal injury lawyer anywhere else, contact us. Call 855-KBA-LAWS (522-5297) to speak with an experienced attorney about your case. Our team is available 24/7 to take your call.
*Disclaimer: Past results do not guarantee future outcomes. Each case is unique and requires individual evaluation.*
