Frequently Asked Personal Injury Questions

If you have been hurt in any type of accident, you probably have a lot of questions. You may be wondering how you can pay your bills while you are out of work, who will replace your car, and what your legal rights are. You may want to know what steps you can take to protect your rights and what actions you should avoid. Attorney Brian deBrun at the Law Offices of Brian de Brun PLLC works hard to make sure all of his clients’ questions are answered. He offers free consultations to all potential clients to answer questions and help them start the process of getting justice. Our firm handles cases in Charlotte and the surrounding area. We represent victims of car accidents and all other people who have been hurt due to someone else’s actions or negligence.

Do I Have To File a Law Suit In Order To Get Compensated For A Personal Injury?

No. Many times our cases are settled by the skill and negotiation of our lawyers without the need to go through timely and costly litigation.

Are There Caps on Injury Damages in North Carolina?

There are many factors that can affect the time limit for filing your Charlotte personal injury case. For adults, personal injury cases must generally be filed within three years. Malpractice suits can have an extended deadline depending on when the harm was discovered. Families only have two years to bring a claim for wrongful death.

What Are North Carolina’s Rules on “Shared Fault”?

North Carolina uses an old legal doctrine known as contributory negligence. This means that when someone is partially responsible for their own injury, they are barred from recovering any damages in a lawsuit. In practice, this prevents victims who are even one percent responsible for their injury from getting their medical costs paid by someone who was 99 percent responsible. This rule is thought by many to be unfair and has been abandoned by nearly all other states.n.

Are There Caps on Injury Damages in North Carolina?

There is a cap on non-economic damages in North Carolina which applies only to medical malpractice cases. This cap was set at $500,000 in 2014, but is adjusted periodically with inflation. There are also exceptions in certain serious cases.

 
Non-economic damages are compensation for things like pain and suffering. There is no cap on compensatory damages for financial expenses, such as your medical treatment, your destroyed property or lost wages.
 
In personal injury cases where punitive damages are allowed, they are capped at the greater of either $250,000 or three times your compensatory damages.

Who Can Bring a North Carolina Wrongful Death Claim?

Many states allow any family member, or even multiple family members, to bring a claim in cases of wrongful death. In North Carolina, only the administrator of the estate or the executor of the decedent’s will is allowed to bring a claim. If no one is acting as the administrator of your loved one’s estate, it may be possible for an adult relative to take over that role and bring the lawsuit.

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