What if I Live in Another State But Was Injured in North Carolina?
North Carolina is an “at-fault” state for car accidents and other liability claims. That means that, generally speaking, the at-fault driver’s insurance is responsible for damages. But it’s seldom quite that clear, or quite that easy. Things can seem even more complicated if you are in are injured in an accident while you are visiting NC. , That’s why consulting with a North Carolina-based personal injury lawyer is critical. You need a North Carolina attorney who can aggressively represent your interests while you recuperate in your own jurisdiction.
At Rhine Law Firm in Wilmington, we have represented out-of-state parties in North Carolina personal injury lawsuits for over 30 years. We pride ourselves on achieving justice and equitable results for all injured clients, regardless of where they live. Call today to schedule a free consultation.
What are the Critical Elements of a North Carolina Personal Injury Lawsuit?
The elements of proving negligence and recovering damages in a North Carolina personal injury lawsuit are analogous to those in other states.
You will need to prove that:
- The party you are suing owed you a duty of care to prevent you from being hurt.
- That party breached their duty of care.
- That breach was the direct and proximate cause of the injuries that you suffered.
- Your injuries left you with economic and non-economic losses, damages, and monetary losses.
Evidence Needed in a Personal Injury Case
Your attorney will build your case with evidence whichcan include the following:
- Police reports
- Statements from accident participants and witnesses
- Photographs of the accident scene
- For slip-and-fall accidents, property maintenance, and repair records
- Expert testimony from accident reconstruction specialists.
- Video surveillance from CCTV cameras or other sources
- To show your financial losses, invoices, bills from doctors and hospitals, pay stubs to show lost earnings, and receipts for accident-related expenses.
- Testimony from you, your doctors, and family members about the pain and suffering you experienced as a result of your injuries.
We will gather and analyze available evidence with your input as needed. This process will be easier if you retain us as soon as possible because evidence can vanish, e.g., surveillance video can be erased or witnesses difficult to locate.
Is it Difficult to Recover Personal Injury Damages in North Carolina?
North Carolina is one of a few states that applies a pure contributory negligence rule. It can mean that the recovery of damages by the injured party can be totally barred if the injured party was even slightly at fault. The insurance companies that cover the liability of negligent parties frequently use this to argue that an injured party bears some responsibility so they don’t have to pay.
We thoroughly investigate the facts of your case to determine if the defendant’s insurer will make a comparative negligence defense and prepare a strong rebuttal to any claims you contributed to the accident and your injuries.
What Steps Should You Take After Being in an Accident in North Carolina?
At a minimum, the steps you should take after an accident include the following:
- Get prompt medical attention for your injuries, and follow all recommendations made by any treating physicians.
- For car accidents, file a report with the police or local sheriff
- Document the accident as well as you can with photographs of the accident site and the conditions that contributed to it.
- Write a narrative explaining in your own words how the accident happened.
- Notify your insurance carriers that you had an accident, even if you are not sure whether your policies cover you for out-of-state accidents and injuries.
- Consult with a North Carolina personal injury lawyer as soon as possible. We can help you understand what you need to do to secure your right to file a lawsuit for damages, including the evidence you will need to collect and retain to support your claims.
Will I Need to Return to North Carolina to Recover Damages?
You will likely not need to be present for routine court status or motion conferences, which we can handle. The defendant’s lawyers may request to take your deposition, but accommodations can often be made for an online video deposition or one conducted in your state.
Many personal injury lawsuits settle before they go to trial. If your case settles, you will probably not need to return to the state, but you must be present if your case is tried. Our team can manage your case to minimize the need for you to travel to North Carolina, except for the most essential matters.
Contact Rhine Law Firm for a Free Consultation
At Rhine Law Firm, we understand the challenges of filing a North Carolina lawsuit when you are not a resident. We work to make the process as smooth as possible for our out-of-state clients while resolutely fighting for their interests and overcoming in-state bias.
Please call our offices in Wilmington as soon as possible after your accident to schedule a free consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
About Us
Rhine Law Firm, P.C. serves clients throughout North Carolina and nationwide, specializing in complex civil litigation led by Joel Rhine. With expertise in personal injury, car accidents, property damage, sex abuse, and more, the firm is passionate about taking on challenging cases. They emphasize providing personalized legal representation, prioritizing their clients’ best interests while offering state-of-the-art legal strategies. Rhine Law Firm’s dedicated attorneys enjoy the fight for justice and are committed to guiding clients through complicated legal processes. The firm offers free consultations, flexible appointment scheduling, and Spanish language services.
