Understanding Personal Injury Law in North Carolina

In North Carolina, when someone is injured due to someone else’s actions, recklessness, or lack of necessary competence, they can bring a civil case against them and sue for both economic damages and non-economic damages. Economic damages refer to the medical bills accrued and income lost due to the injury while non-economic damages refer to the amount the jury feels the victim is owed in restitution for their pain and suffering. The majority of cases are settled out of court, but if a personal injury case or medical malpractice case does go in front of a jury, three criteria must be met for the jury to award damages.

1. Duty of care: This refers to the other party having a responsibility to act in a way that prevents an injury or accident, such as following traffic laws.
2. Breach of duty: The defendant failed in their duty of care by acting in a way that is negligent or reckless, such as running a red light.
3. Cause of injury: The plaintiff’s injury only happened due to the defendant’s negligence. Had they practiced duty of care, the accident, and thus the injury would not have happened.

Contributory Negligence

In addition to the defendant having a duty of care, failing in that duty, and thus causing an injury, the accident must be 100 percent their fault. Due to the doctrine of contributory negligence, the accident can be in no way the fault of the plaintiff for the jury to award damages. For example, if the plaintiff tripped over a cracked tile in a store and broke their ankle, this would be the fault of the store for not putting a warning sign or fixing the tile. However, if the plaintiff was supposed to be wearing their glasses and they weren’t, the jury may determine that the accident was partly the fault of the plaintiff, thus, no damages would be awarded. Having an experienced personal injury attorney on your side who can determine with whom fault lies is key to having a more favorable outcome if your case goes before a jury.

Personal Injury Representation After Injury

Our personal injury lawyers work with clients who were injured due to the following:

• Traumatic brain injury
• Spinal cord injuries and whiplash
• Broken bones
• Nerve damage
• Chronic pain
• Paralysis and loss of mobility
• Post-traumatic stress disorder

After an accident, you should seek medical care as soon as possible to discover and treat injuries more quickly and improve your recovery.

Taking On Personal Injury Claims in All Types of Cases

Our personal injury attorney represents accident victims in all types of cases.

Automobile Accidents

Car accidents in which two vehicles collide, or an automobile strikes a pedestrian or bicyclist can lead to significant injuries. If the driver was not following traffic laws or their vehicle was poorly maintained, they can be held liable for resulting injuries.

Truck Accidents

Commercial trucks, including delivery vehicles and 18-wheelers, have strict deadlines and often work under challenging conditions. If a commercial truck collision occurs, causing injury, we investigate to determine if the driver, truck company, or even the parts manufacturer is at fault for the accident.

Motorcycle Accidents

Motorcycle accidents can be particularly serious due to the lack of enclosure and protection, yet drivers often miss motorcyclists or fail to yield to them on the road, leading to serious accidents.

Rideshare Accidents

Rideshare companies, like Uber or Lyft, are increasingly common, and so are accidents involving them. We understand the complexity of rideshare accident cases and will work to secure compensation on your behalf from these companies.

Slip & Fall Injuries

If you are injured on someone’s property, either commercial or residential, because they failed to provide proper maintenance or didn’t warn you of danger, you may be entitled to compensation, depending on the circumstances.

Wrongful Death

When neglect or recklessness leads to an untimely or wrongful death, the heirs or estate may file a suit against those responsible to secure damages for lost wages, pain, and suffering, or even burial expenses.

Medical Malpractice

Healthcare practitioners are held to a standard of competency and care, and if they fail to do so, resulting in injury or serious illness, they can be held accountable.

Dental Malpractice

Dental malpractice is a type of medical malpractice in which a dental healthcare practitioner does not act in a competent manner. This often involves injuring or removing healthy teeth, failing to administer or prescribe antibiotics, or causing additional injury that causes further complications.

Nursing Home Abuse

Whether it’s a worker who is abusive or the nursing home has systemic issues of neglect, we will fight to get justice for your loved one and secure compensation so they can receive the proper care they deserve.

Why Choose Irons & Irons for Your Personal Injury Lawyer?

At Irons & Irons P.A., we work hard for victims of neglect and recklessness. We understand the trauma, fear, and worry that comes when financial security has disappeared after an accident, leaving pain, suffering, and debt. With the experienced leadership of personal injury lawyer Harry H. Albritton, our legal team investigates and analyzes every aspect of your case, determining a winning strategy and fair compensation, and we don’t back down to insurance companies.

Our law firm believes in offering high-quality legal services, not high-volume legal services. This means that we limit our personal injury cases in order to provide top-tier legal representation and make your case a priority.  Though we successfully settle many of our cases out of court, when fair monetary compensation can’t be obtained, we are not afraid to take a case to the jury.

Frequently Asked Questions for Personal Injury Lawyers

Our law firm understands that you have questions about this process, and to help you, we’re providing answers to some of our most frequently asked questions about personal injury lawsuits.

Do I Need a Personal Injury Lawyer?

While legally, you don’t have to have legal representation for personal injury cases, we would highly recommend you have a personal injury attorney represent you. Insurance companies often try to settle for well below what your case may be worth, or they will look for ways to show that you were also at fault for the accident or downplay your serious injuries. An experienced attorney will be able to investigate your case, work with experts, and determine the value of your case as well as fight back against the insurance company both in and out of court.

How Much Is My Case Worth?

There is no specific amount that a personal injury claim is worth. Instead, the jury will look at your medical expenses and lost wages as well as future costs of your injury, and they can also take into account emotional and physical pain and suffering.

How Long Will My Case Take?

While settling out of court is a faster process than going before a jury, there is no set period for how long the case will take. A personal injury lawyer will keep you informed at every step so you know how your case is progressing.

What Is the Statute of Limitations on Personal Injury Claims?

In North Carolina, there is a three-year statute of limitations from the date of the accident to when you can file a personal injury claim. Often, an insurance company will drag their heels and slow down the process to ensure that a victim misses their window of opportunity to file a claim.

What Are Your Attorney Fees?

At Irons & Irons P.A., we don’t get paid until you secure your compensation. Instead of an hourly rate or set fee, our fees are set on a contingency basis determined by a percentage of your damages.

Request a Free Consultation with our Fayetteville Personal Injury Lawyer Today

When a car accident or a slip and fall has led to catastrophic injury, there is hope for a brighter future. With Attorney Albritton and our Fayetteville personal injury lawyers on your side, we will fight to get you the compensation you deserve and help you move into your future with confidence and security. We also accept personal injury cases in Fort Bragg, Pinehurst, Southern Pines, Spring Lake, Lumberton, and the surrounding areas. To learn more about our legal services or free case review, please reach out to us today at  (252) 215-3000