Are There Caps on Personal Injury Damages in North Carolina?
A personal injury claim can arise from many circumstances, e.g., a car or truck accident, slip and fall, or defective product. If you were harmed due to the negligence of another party, you have the right to seek compensation for your damages or losses. Generally, North Carolina law does not place caps on the personal injury damages you can recover from a negligent party. However, there are exceptions. That’s why, in almost every case, you will need the skills and experience of a seasoned North Carolina personal injury lawyer to recover the compensation you need to make you whole.
For over 30 years, Rhine Law Firm has helped residents of North Carolina seek justice. We have won hundreds of millions of dollars for our clients in personal injury cases. Our clients’ best interests are at the forefront of everything we do. You can expect our attorneys to give you the individual attention you deserve. We will listen to your needs and apply those facts and objectives to state-of-the-art legal research and strategies. Call today to schedule a free consultation.
North Carolina Law Recognizes Different Types of Damages
Damages in a North Carolina personal injury lawsuit fall into three different categories:
- Economic damages for costs and expenses that can be quantified by objective evidence, including invoices for current and prospective future medical services, pay stubs and employment records that demonstrate wage losses, and transportation and other costs associated with medical service provider appointments, therapeutic products, and housing modifications required to accommodate mobility limitations caused by injuries.
- Non-economic damages for pain and suffering caused by negligent parties, such as loss of enjoyment of life, PTSD, and loss of companionship with friends and family as a result of injuries, as well as emotional distress and mental anguish associated with the accident.
- Punitive damages do not compensate an injured party for losses but penalize the negligent party for gross or egregiously negligent conduct.
North Carolina’s laws allow you to recover the full amount of your economic damages,. North Carolina law also enables you to recover unlimited non-economic damages – except in medical malpractice cases. Punitive damages in most cases are capped at three times the amount of compensatory damages – or $250,000, whichever is higher. The expertise of your North Carolina personal injury attorney is a critical factor in the damages you receive.
North Carolina Law Places Limits on Punitive Damages
Punitive damages awards are unusual in North Carolina personal injury lawsuits, and state laws limit punitive damages awards to the greater of $250,000 or three times the amount of your compensatory losses. NC has imposed these limits because punitive damages are not directly related to an injured party’s losses. They are only awarded when the circumstances of an accident call for the imposition of a penalty on the negligent party as a deterrent to future willful or wanton misconduct.
North Carolina Law Places Limits on Certain Medical Malpractice Damages
Although plaintiffs’ lawyers are trying to change it, North Carolina law imposes a cap of $500,000 on the non-economic damages that a party may recover following an injury from a health care provider. Remember, this includes compensation for pain and suffering, mental and emotional turmoil. The cap does not apply to economic damages.
Schedule a Free Consultation
The North Carolina accident and injury lawyers at Rhine Law Firm have a successful record of fighting for and recovering the largest available uncapped damages awards for their injured clients. We use our knowledge of North Carolina law and our extensive experience in personal injury lawsuits to push back against insurance company lawyers who offer settlements that are often only a fraction of the damages that an accident victim has incurred.
Please contact our Wilmington offices to speak with one of our North Carolina personal injury lawyers about your case. We offer free, no-obligation, confidential initial consultations. If you retain our services and accept your case, we will pursue the maximum damages available under North Carolina law. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
