Frequently Asked Questions About North Carolina Personal Injury Law
- Page 1
What are the consequences for not disclosing prior injuries?
Failure to disclose a prior injury can greatly jeopardize a victim’s case. Not only can it result in the court dismissing a claim, but a victim could also face possible court sanctions because of this omission.
Is it important to disclose prior injuries?
When a victim has been injured in an accident, it is critical they be completely honest with their personal injury attorney about any medical conditions they may have had prior to the incident. This is particularly vital if the prior condition is in the same area as the new injury. It is better for an injury case to disclose the prior injury and work with their doctor to show how the incident aggravated the prior condition than not to disclose the condition.
What is the eggshell doctrine?
In a legal case, the eggshell doctrine means “taking the victim as you find them.” This means if a victim had a prior injury or medical condition prior to the accident, the at-fault party may still be liable for any losses the victim has suffered and that their medical history cannot be used against them.
How will my attorney prove loss of future income?
It is more difficult than proving lost income in the past, of course. You may have some amount of recovery that could allow you to go back to work in a different occupation or part time. So, the job of your lawyer is to prove loss of future earning power if you had not been injured and had been able to keep working in your current job until you retired.
How can I win a future income recovery under North Carolina personal injury law?Your personal injury attorney in North Carolina has to prove by a preponderance of the evidence that your serious injuries mean you should receive future income recovery. If both sides of the case are able to settle before the lawsuit begins, the lost future income will be part of your final settlement.