Charlotte Personal Injury Lawyers

The legal process can be daunting if you don’t know what to expect. Here’s an overview of how people usually prove liability for their injuries, as well as a few related rules that can play a role in some of these cases.

If you've been injured in North Carolina, one of the main ways to seek compensation is through a negligence claim. This is based on the simple idea that everyone should act with a reasonable level of care to avoid causing harm to others. If someone fails to do this, and their actions result in your injury, they can be held liable for negligence.

In some situations, proving negligence can be straightforward. For instance, if a driver runs a red light and causes an accident, they clearly didn't exercise reasonable care. However, other cases can be more complex. For example, if you’re suing a healthcare provider for medical malpractice, you need to show that they didn’t meet the professional standard of care expected in their field.

Sometimes you might have a claim not only against the individual who caused your injury but also against their employer. This can happen if the employer acted negligently, such as by hiring someone who poses a clear risk. For example, if a trucking company hired a driver with multiple DUIs, and that driver caused an accident while drunk, the company might be held responsible for their negligent hiring practices. Additionally, employers can be “vicariously liable” for the actions of their employees. This means that if an employee was performing their job duties when they caused the accident, the employer could be automatically responsible for the resulting injuries.

Although it’s not commonly used, a legal concept called strict liability can sometimes apply. Unlike negligence claims, where you need to prove a lack of reasonable care, strict liability holds the defendant responsible for creating the situation that caused the injury if the law imposes strict liability for that type of situation. In many states, strict liability is used in cases involving defective products. However, North Carolina doesn’t follow this approach for products liability. But strict liability can apply in other situations, such as some dog bite cases.

Certain types of crimes, like assault or sexual assault, can cause serious injuries and lead to both criminal charges and civil lawsuits. If you’ve been injured in such an incident, you may have the option to file a lawsuit for what’s known as an “intentional tort.” One key thing to remember is that you can still hold someone liable in a civil case even if they aren’t convicted of a crime. This is because the standards of proof are different. In a criminal case, the prosecution needs to prove the defendant’s guilt “beyond a reasonable doubt,” which is a very high standard. In a civil case, however, you only need to show that it’s “more likely than not” that the defendant is responsible for your injuries.

In North Carolina, as in other states, there is a specific timeframe within which you must file a personal injury claim, known as the statute of limitations. If you don't file your case within this period, you could lose your right to seek compensation for your injuries, regardless of how strong your evidence is.

The North Carolina statute of limitations for most personal injury cases is three years from the date of the injury. If your case involves a wrongful death due to a fatal accident, you have two years from the date of the person's death to file a lawsuit. Even though you have these timeframes, it's usually best to start the process as soon as possible. Waiting too long can make it harder to gather all the necessary evidence, which can weaken your case and reduce your chances of getting the maximum compensation.

In North Carolina, there's a strict rule called contributory negligence that can significantly affect personal injury claims. Under this rule, if you’re found to be even slightly at fault for your own injuries, you can’t receive any compensation from the other party. This is different from the comparative negligence system used in most other states, under which you can still recover some damages even if you were partly at fault. Because of the contributory negligence rule, it’s crucial to avoid any finding that you were negligent in causing your injuries. This can make it more challenging to win your case, since the other party may try to prove that you share some of the blame.

In some states, there are limits on the amount of money you can receive in personal injury cases, especially for non-economic damages like pain and suffering. However, North Carolina generally does not have caps on damages in most personal injury cases. There are a couple of exceptions to this. In medical malpractice cases, North Carolina does impose a cap on non-economic damages. This means there’s a limit to the amount you can receive for things like pain and suffering in these specific cases. Additionally, North Carolina has a cap on punitive damages. These damages are meant to punish a defendant for particularly egregious behavior and to deter others from similar actions.

If you think a government entity or employee may be responsible for your injuries, you can file a claim against them. For instance, if you tripped and fell on a poorly maintained sidewalk in Charlotte, you might have a case. But you should be aware that claims against the government come with their own set of unique rules and procedures, which can be quite different from those in typical personal injury cases.

Most personal injury cases are resolved through a settlement rather than going to trial. In a settlement, the defendant or their insurance company agrees to pay a certain amount of money to the injured person. In return, the injured person agrees to stop pursuing their claims against the defendant. Settling a case can be a quicker and less stressful way to resolve a dispute compared to a trial. It also eliminates the unpredictability of how a judge or jury might view the evidence.

It's important not to rush into accepting the first settlement offer you receive. This may be lower than what you truly deserve, especially if you have serious injuries or permanent disabilities from the accident. Insurers aim to settle claims for as little as possible to protect their bottom line. Taking the time to negotiate can lead to a better outcome. You have the flexibility to settle your case at any point up to the trial. If the offers don’t seem fair, you can choose to take your case to court and let a judge or jury decide.

Even if it seems obvious that the defendant was at fault for your injuries, securing the compensation you deserve can still be challenging. Building a strong claim involves gathering various types of evidence to clearly demonstrate what caused the incident and the full extent of the harm you suffered. Collecting and organizing this evidence is best handled by a professional who has experience with these types of cases. An attorney can manage all the legal and logistical aspects, ensuring that no crucial details are overlooked. By leaving the legal work to an experienced attorney, you can focus on your physical and emotional recovery.

Another important reason to hire an attorney is that the other side will likely have a skilled legal team representing their interests. You don't want to be at a disadvantage during settlement negotiations, in the courtroom, or at any other critical stages of your case. Having an attorney on your side ensures that you have someone who understands the legal system and can effectively advocate for you. Moreover, hiring an attorney signals to the defendant or insurer that you are serious about pursuing your claim and are prepared to take the necessary steps to get the compensation you deserve. This can often make them more willing to offer a fair settlement or at least take your claim more seriously.

If you don't receive a fair settlement offer, your attorney can take your case to trial. Their experience in arguing before a judge or jury will put you in a better position than if you were on your own. They will know how to develop effective strategies, while countering the opposing side's arguments. Your attorney's knowledge of court rules and procedures is crucial, since these can contain nuances that might be challenging for someone without legal training.

If you know someone who has been in an accident or was injured in a crime, they might recommend an attorney. However, many people end up searching for personal injury lawyers online. In a place like the Charlotte area, there are many options, and it can be challenging to determine who is the best fit for your needs. One helpful resource is the Justia Lawyer Directory. This platform allows you to compare various attorneys, read reviews, and consider who might be best suited to handle your case. Taking the time to research and consult different attorneys can help you find someone with the right experience and approach to meet your specific needs.

Personal injury law covers a wide variety of cases, so it's important to find an attorney with significant experience in handling your specific type of claim. For instance, if you're suing a nursing home for neglecting your parent, you should seek out a lawyer who has dealt with nursing home cases rather than one who only works on car accidents and slip and falls. Similarly, if you want to sue the City of Charlotte, look for an attorney who has experience bringing claims against government entities.

To get a sense of an attorney's most notable achievements, start by visiting their website. Most attorneys showcase highlights of their verdicts and settlements, which can give you an idea of their success in similar cases.

Additionally, take the time to read through reviews from former clients. This can provide insight into what it's like to work with the attorney and how they handle cases. Peer reviews from other attorneys are also valuable. These reviews can indicate the attorney's reputation within the legal profession. An attorney who is respected by judges and opposing counsel may be better positioned to achieve a favorable result for you.

The North Carolina State Bar sets rules for the professional conduct of attorneys licensed to practice in the state. It's important to check whether an attorney you're considering has a record of violating these rules. A single minor violation might not be a deal-breaker, although you might still consider it alongside other factors. However, if an attorney has a history of repeatedly breaking the rules or has engaged in serious misconduct, it's wise to think twice before hiring them. You don't want their incompetence or unethical behavior to hinder your case.

Once you've identified a few attorneys who might be a good fit, it's a smart idea to set up consultations with each of them. This gives you the chance to discuss your case and hear their initial thoughts. During these conversations, pay attention to how well the attorney communicates with you and whether you feel comfortable and trust them. A strong working relationship with your attorney is essential for the success of your case. Make sure you choose someone who listens to you, understands your concerns, and makes you feel confident in their abilities.

Probably the most familiar personal injury cases are those resulting from motor vehicle accidents. These involve collisions between two or more cars, trucks, or motorcycles, as well as situations when a motor vehicle strikes a bicyclist or pedestrian. Some other common types of personal injury cases include:

• Medical malpractice claims based on substandard care
• Premises liability claims based on slip and falls and other injuries caused by dangerous property conditions
• Nursing home cases when an elderly person suffers from neglect or abuse by people responsible for their wellbeing
• Defective product cases when an item has a manufacturing or design defect, or inadequate warnings about its risks
• Claims based on assault or other forms of intentional physical contact

Workplace injuries in North Carolina often lead to claims under the state's workers' compensation system. This system helps injured employees cover medical expenses and a portion of their lost income without needing to prove fault. The downside is that employees can't sue their employer or coworkers, and the compensation available through workers' comp is generally more limited than what might be obtained through a personal injury lawsuit. However, if a third party, such as the manufacturer of a defective product, played a role in causing the injury, the injured employee can file a lawsuit against that third party while also pursuing a workers' compensation claim. This approach can potentially provide more comprehensive compensation for the injury.

A study by Jury Verdict Research of personal injury cases that went to trial in North Carolina found that the median award was about $10,000. This means that half the awards were larger, and half were smaller. The injured person got damages in over 60 percent of the cases in the study. This was higher than the national average.

Here are some notable personal injury verdicts and settlements in North Carolina in recent years:

• $38 million when a driver was rear-ended and paralyzed while stopped at a crosswalk that the jury found was negligently designed
• $3 million for an elderly pedestrian struck by a pickup truck as she was crossing the street, due to alleged negligence by the construction entity resurfacing the road
• $1.1 million for a police officer who lost control of his car and went off the highway due to being sideswiped
• $800,000 for a passenger in a car in Mecklenburg County that was struck by a FedEx truck
• $545,000 for a motorcyclist hit by a drunk driver who ran a red light
• $511,000 for a patient who suffered from Stage IV bedsores in a hospital

Even if your case looks somewhat like a case in the news, though, you shouldn’t assume that you’ll get the same amount. Each case is unique. You can talk to your attorney about the scope of your injuries and damages and ask how much you might realistically expect.

The North Carolina Department of Transportation provides data about car crashes in cities across the state, including Charlotte. In 2023, there were 32,932 crashes in the city, causing 105 fatalities and 16,066 injuries. Alcohol played a role in 866 crashes, which caused 40 fatalities and 786 injuries. Pedestrians were involved in 381 crashes, which caused 24 fatalities and 397 injuries. Bicyclists were involved in 96 crashes, which caused one fatality and 95 injuries.

In Mecklenburg County more generally, there were 37,900 crashes in 2023, causing 117 fatalities and 17,524 injuries. Alcohol played a role in 1,026 of these crashes, which caused 40 fatalities and 870 injuries. Pedestrians were involved in 406 crashes, which caused 26 fatalities and 419 injuries. Bicyclists were involved in 119 crashes, which caused two fatalities and 117 injuries. Motorcyclists were involved in 282 crashes, which caused 10 fatalities and 270 injuries.

The Charlotte Observer analyzed crash data to compile a list of the most dangerous intersections in the city. These include:

• East Sugar Creek Road, North Tryon Street, and West Sugar Creek Road
• Brown-Grier, Sandy Porter, and West Arrowood Roads
• Mineral Springs and Neal Roads
• Mineral Springs Road, North Graham Street, and West Sugar Creek Road
• East 12th Street and North Davidson Street
• East 9th Street and North College Street
• Reagan Drive and Tom Hunter Road
• Lawning, Miranda, Oakdale, and Sunset Roads
• North Irwin Avenue and West 5th Street

DriveSafe also compiled a shorter list of some of the most dangerous intersections in Charlotte in 2023:

• Independence Boulevard and Albemarle Road
• Eastway Drive and North Tryon Street
• South Tryon Street and Westinghouse Boulevard
• Central Avenue and Eastway Drive
• Billy Graham Parkway and West Boulevard

It’s important to be careful at any intersection throughout the city, however, since a moment of inattention could lead to sudden and devastating harm.

If you got hurt in a car crash, you’ll probably want to get the report of the police officer who came to the scene. It could support your claim by describing the details of what happened and who seemed to be at fault. You can get a crash report in Charlotte through the Police Records Division of the Charlotte-Mecklenburg Police Department. This is based in the Police Headquarters at 601 East Trade Street. You can get the crash report for free by visiting a division office or the Police Headquarters, while you can get it for a small fee online.

After an incident of suspected medical malpractice, you can file a complaint about the healthcare provider at issue with the North Carolina Medical Board. There’s no time limit for filing this type of complaint, although it’s best to do it as soon as possible. You can file a complaint online or by mail. Meanwhile, if you suspect that neglect or abuse has occurred at a nursing home, you can file a complaint with the North Carolina Department of Health Service Regulation. You can also contact the North Carolina Long-Term Care Ombudsman Program.

If you’ve been affected by a crime, such as an assault, the Charlotte-Mecklenburg Police Department provides numerous resources. You can also consult the North Carolina Victim Assistance Network, which supports the rights and wellbeing of people affected by violent crimes. In addition, the Office of Victim Compensation Services in the North Carolina Department of Public Safety provides financial assistance for expenses such as medical care and lost income.

Employees injured on the job can consult the resources provided by the North Carolina Industrial Commission. These include step-by-step instructions on how to report a work injury, as well as forms that an injured employee will need to submit.

1. What does it cost to hire a personal injury lawyer?

   When you hire an attorney for a personal injury case, you'll typically pay them a percentage of the amount they recover for you. This percentage usually ranges from 25% to 40%. If your case goes to trial or extends deep into the litigation process, you might be charged a higher percentage compared to what you would pay if the case settles early. However, if your attorney doesn't secure any money for you, you likely won't owe them anything. This type of arrangement is known as a contingency fee.

2. How much is my case worth?

   Determining the exact value of a case can be challenging because each situation is unique. However, cases involving serious injuries or permanent disabilities typically result in higher compensation. To maximize your award, it's crucial to present strong evidence like medical records and expert testimony. This helps demonstrate the effects of your injuries now and potentially in the future.

3. What happens if I have a pre-existing condition?

   You can't receive compensation for a pre-existing condition unless the incident in question made it worse. If the incident aggravated your pre-existing condition, you might be entitled to damages. Showing the extent of the aggravation can be complex, so hiring an experienced attorney is crucial.

4. Should I get a second opinion if an attorney thinks that I don’t have a case?

   Different lawyers may have varying opinions about the same case. To get a well-rounded understanding and make an informed decision, it's a good idea to consult with a few attorneys. This way, you can gather a range of perspectives before deciding whether to pursue legal action.