It is complex to get financial compensation in North Carolina for the injury caused from entity for the victim of the accident. There are a number of federal and state laws that are defined and will impact the case like product liability laws and statute of limitations. It may involve the North Carolina personal injury lawyer to prove that it was totally a negligence of the party responsible for the accident.
Statute of limitation in North Carolina
The statute of limitations limit the amount of time after the occurrence of an injury that the victim of the accident can file a case against the defendant in the court of law. Once the statute of time limit is over, the victim can pursue the legal action. The civil statute of limitations in North Carolina include –
Three years for written as well as oral contracts
Three years in fraud cases
Two years if wrongful deaths have occurred
Three years if personal injury has occurred
Minimum two years and maximum four years for cases of medical malpractice. Maximum of 10 years for injuries where the foreign object was left inside the body during the surgery
Three years for property damage
Proving the Negligence of a defendant
North Carolina personal Injury lawyer rely on the connection or basis where the defendant’s negligence was absolutely responsible for actual damages plaintiff had to bear. However, proving the fault and negligence of the defendant is an arduous task. It is due to this reason that courts of North Carolina are thorough in analyzing the side of the defendant and any negligence by utilizing the “reasonably prudent person” principle and four elements to determine the negligence
What is reasonably prudent person?
It is actually a standard of care that are compared with the actions of the defendant at the time of the accident. The owner of the vehicle should be responsible and look out for any possible damages that can occur if the vehicle is unfit to operate. It is negligence of a vehicle owner that causes the injury to other person.
The four elements of negligence
Breach of duty by the defendant
Defendant owing a duty of care towards the safety of plaintiff from possible injuries
Actions of defendant responsible for injury of plaintiff and predicting the injury
The injury of plaintiff actually can be compensated or not?
Actions to be taken post a car accident
If you or someone of your family gets into a car accident, you will probably be more worried about vehicle damages, insurance and availing emergency assistance than filing a personal injury lawsuit. North Carolina Personal Injury lawyers have a list of things you can do for future concerns related to legal matters,
Ensure that you with the driver are out of harm.
Contact emergency services
Contact police to report the accident
Do not admit fault to the police for the accident
Collect the information of other driver and provide your own information to them including the insurance information and driver’s license
Note down the details of injuries and damages and take photographs
Speak to witnesses and note their contact information
Keep a record of all incident expenses including the cost of towing services, repair, medical bills, etc.