The questions on this page were answered by our team of lawyers. The questions are categorized by practice area such as car wrecks, medical malpractice, traumatic brain injuries, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.

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  • What happens if I wait too long to file a personal injury claim in North Carolina?

    If the statute of limitations that applies to your personal injury case truly has expired, you cannot succeed with an insurance claim or civil lawsuit.

    But, if you only think you may have waited too long to take legal action against the negligent or reckless party who injured you, it can help to consult with a North Carolina personal injury attorney. The statute of imitations clock does not always start ticking at the moment an injury occurs. For instance, many claims related to dangerous or defective products can be filed from the date on which a medical diagnosis indicated that use of the product caused the injury.

    EJL

  • Why does North Carolina enforce statutes of limitations on personal injury claims?

    Asking personal injury victims to file their claims for the payment of medical bills, replacement of lost wages and compensation for pain and suffering within three years of incurring harm helps ensure that evidence still exists and that memories can still be trusted.

    While we, as North Carolina personal injury lawyers who represent victims, could argue that the statutes of limitations should be longer for many people, we, too, recognize that acting quickly can benefit a victim. Not only is making a case for compensation and damages easier, a settlement or jury award can be secured quicker.

    EJL

  • How long do I have to file a personal injury lawsuit in North Carolina?

    Section 1-52 of the North Carolina General Statutes sets a 3-year statute of limitations on legal actions “for personal injury or physical damage to claimant's property.” The legal action referred to in the law can be an insurance claim or a civil lawsuit. The personal injury can result from a traffic crash, medical malpractice or slip and fall.

    Section 1-50 of the NCGS, however, sets a 6-year statute of limitations for a personal injury claim arising from the use of a dangerous or defective product.

    Note that the 3-year or 6-year statute of limitations applies either from the day on which the injury occurred or from the date on which the injury became known. The later start of the statute of limitations clock most often applies in personal injury cases related to occupational diseases, medical malpractice or product liability in which knowing that an injury can be blamed on someone else’s negligence or reckless requires a medical diagnosis.

    EJL

  • What should a victim do if they sustain vision loss due to an injury?

    If a victim sustains any injury that affects vision, they should seek medical help immediately. The sooner treatment is received, the better the chances are of saving vision. Do not rub the area, try to remove any foreign objects, or apply medications.

    Once they have sought medical treatment, victims should then contact a North Carolina accident attorney to find out what legal options they may have against the party that caused the accident. Victims may be entitled to financial compensation for all medical expenses, loss of income, pain and suffering, and more.

  • What are some of the types of incidents that occur that can cause ocular injuries to victims?

    National statistics reveal that more than 1 million people in the U.S. are legally blind. Many of these people do have some ability of sight, but they require some measure of assistance to function. Almost 5 percent of those affected suffer vision loss because of some type of injury. The most frequent types of incidents are:

    • Injury to the brain, scalp, skull
    • Blunt force trauma to the eye by a foreign object
    • Intracranial hemorrhages
    • Laceration
    • Chemical injuries

  • What happens when a victim suffers a loss of vision as a result of an injury caused by another party?

    What happens when a victim suffers a loss of vision as a result of an injury caused by another party?

    When a victim suffers a loss of vision because of accident injuries, the results can be devastating for the victim and their family.  Not only does blindness have an impact on the emotional and physical states, but it can also cause overwhelming financial burdens because the victim may be unable to work.

    Whether the loss of sight is immediate or occurs gradually after the injury, victims will likely struggle with all the changes this loss brings. In addition to total vision loss, some of the other common types of injuries that we have seen at our North Carolina injury firm include:

    • Loss of an eye
    • Damage to visual acuity
    • Impaired or damaged peripheral vision
    • Double vision or vertigo

  • What damages can a burn victim recover in their injury case?

    A burn victim can recover both economic and noneconomic damages for the losses the injuries have caused. This can include:

    • Past, present, and future medical expenses to treat the burns.
    • Loss of income and benefits while the victim recovers from injuries. If the victim is left permanently disabled, they may also be able to recover loss of future earning capacity.
    • Pain and suffering
    • Emotional anguish
    • Loss of ability to perform daily activities
    • Scarring and/or disfigurement

  • Who can be held liable for the losses a burn injury victim suffers?

    A North Carolina will evaluate the details of the victim’s case to determine who the at-fault party or parties may be, but, in general, any party who acted negligently can be held liable. The manufacturer who designed and sold the defective product, the hairdresser who misapplied the hair dye on the customer and possibly the salon owner the hairdresser works at, the individual who started the fire, etc.

  • Who can file a personal injury lawsuit for a burn injury?

    Who can file a personal injury lawsuit for a burn injury?

    Any victim who suffers burn injuries as a result of another party’s negligent or reckless act or behavior can pursue damages for the losses those injuries cause them. Some of the common scenarios that may result in this type of injury case include:

    • An at-fault party handling a hazardous material in a negligent away and spills it on the victim, causing burn injuries
    • An at-fault party causes a fire to start that results in the victim sustaining burn injuries
    • An at-fault party misapplies a product on the victim that causes burn injuries, such as medical staff applying some form of medication or a hairdresser applying hair dye or other solution
    • The victim is burned by a product with a defective or dangerous design or problem during manufacturing

  • Is a personal injury attorney needed to file an injury claim or lawsuit on behalf of a minor child?

    There is no law which requires a victim to hire a person al injury attorney to represent them in an injury claim or lawsuit, however, unless injuries were very minor, these cases can become complex, especially when they involve a minor child.

    It is not uncommon for an insurance company to try to settle these cases as quickly and cheaply as possible, playing on parents’ emotions and offering them settlements far less than what the family deserves. By retaining the services of a personal injury attorney, you can be assured that attorney will work diligently to protect the rights of your child and family against the insurance company.