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Helping Those Injured Throughout Wilmington, NC
Personal injury law in North Carolina allows those who have been harmed by the negligent actions of another to seek monetary damages for their losses. Whether these injuries occurred in a car crash, a slip and fall, or a workplace accident, victims will always benefit from experienced legal representation. Rhine Law Firm, P.C. leverages more than 30 years of litigation expertise and is proud to serve North Carolinians in need of high-caliber advocacy.
The legal process is complex and time-consuming. Contact a North Carolina personal injury lawyer at Rhine Law Firm for sound guidance and support. Our knowledgeable attorneys can build your claim, negotiate with adjusters, and increase your chances of obtaining maximum compensation for your losses. You can count on our personal injury law firm for honest and ethical representation that gets outstanding results.
Navigate This Page
- An Overview of North Carolina Personal Injury Laws
- Types of Personal Injury Cases
- Steps to Take After Suffering an Injury
- Full Service Injury Law Firm in Wilmington, NC
- Available Compensation for Wilmington Injury Victims
- Economic vs. Non-Economic Damages
- What is the Statute of Limitations for Personal Injury Claims in North Carolina?
- What Is the Contributory Negligence Law in North Carolina?
- Avoid These Common Mistakes to Protect Your Claim
- Our Office Address in Wilmington, NC
- Why you need an experienced and trusted Personal Injury Lawyer
- A Guide to Speaking with Insurance Companies in North Carolina
- Understanding Bad Faith Insurance Practices in North Carolina
- Personal Injury Settlements vs Trials
An Overview of North Carolina Personal Injury Laws
North Carolina personal injury laws are designed to help individuals recover compensation for injuries caused by another party’s negligence. As noted elsewhere on the Rhine Law Firm website, North Carolina’s pure contributory negligence standard sets it apart from most other states, as only a few still adhere to this strict rule. In most states, comparative negligence standards allow plaintiffs to recover damages even if they share some degree of fault, with compensation reduced based on their percentage of fault. In North Carolina, if an injured party is even 1 percent at fault – meaning they are “contributorily negligent” – they can be barred from receiving ANY compensation.
Compensation in personal injury cases may include economic damages, such as medical expenses and lost wages, and non-economic damages, like pain and suffering. North Carolina does not impose a cap on most damages except in medical malpractice cases, where non-economic damages are capped.
Consulting an experienced personal injury attorney is critical to successfully navigate these laws, build a strong case, and overcome potential challenges like the contributory negligence standard.
Important Legal Terms
Here are three critical legal terms commonly used in personal injury law:
- Burden of Proof: The burden of proof is the legal obligation of a party in a case to present sufficient evidence to prove their claims or defenses. In civil cases, such as personal injury lawsuits, the plaintiff typically has the burden of proof and must demonstrate their case by a preponderance of the evidence, meaning it is more likely than not that their claims are true.
- Damages: In personal injury law, damages refer to the monetary compensation awarded to a plaintiff for losses caused by another party’s negligence or wrongful actions.
- Negligence: In personal injury law, negligence is the failure to exercise the level of care that a reasonable person would in similar circumstances, resulting in harm to another person. Negligence occurs when someone breaches their duty of care, and that breach directly causes injury and financial losses.
Types of Personal Injury Cases
Over several decades, our personal injury lawyers have represented numerous clients from all walks of life, helping them secure fair compensation for their physical, emotional, and financial hardships caused by another person’s negligence.
Below is a brief summary of the different types of injury claims handled by Rhine Law Firm.
- Automobile accidents
- Motorcycle accidents
- Trucking accidents
- Premises liability: dangerous property conditions
- Bicycle accidents
- Defective and dangerous drugs
- Work-related accidents
- Defective medical devices
- Construction site injuries
- Catastrophic injuries such as brain damage and paralysis
- Medical malpractice
Steps to Take After Suffering an Injury
All personal injury cases and situations are unique, yet there are a few basic, and necessary, steps to take after suffering an injury caused by someone else’s negligence. While the situation may be stressful, try to remain calm and follow these steps:
Report the Accident
Call 911 and quickly report the accident to the appropriate authorities. Whether it is a car accident, slip and fall, or workplace incident, notifying the police, your employer, or property management creates an official record of the incident, and gets you whatever medical need you might need immediately.
Seek Medical Attention ASAP
Whether you go to the emergency room, your general physician, or a healthcare clinic, prompt medical attention is crucial for your well-being and your potential legal claim. The sooner you seek medical care, the easier it is to demonstrate that your injuries are directly related to the incident. Remember, just because you may not have visible injuries on the outside, doesn’t mean you haven’t suffered any internal injuries. Waiting to get treatment just makes it harder to help with your case. Get the care you need right away.
Gather Evidence and Documentation
In a personal injury case, establishing liability requires comprehensive evidence and documentation to support your claim. While you may not be able to gather all evidence at the scene due to your injuries, it is essential to obtain relevant information as soon as possible. Here are key pieces of evidence that should be collected:
- Witness Contact Information
- Photographs and Videos of the Scene
- Police Reports and Incident Reports
- Medical Reports
- Lost wage information
Obtain Legal Representation
After you have received medical attention, you should retain an experienced personal injury attorney immediately. Delays in taking legal action can severely impact the viability of your personal injury claim and limit the compensation you may receive. The last thing you need is for the insurance company to present you with a low settlement offer that fails to adequately compensate you for your injuries and losses.
At Rhine Law Firm, we have your best interests in mind and will leverage our experience and resources to help build the strongest case on your behalf. By taking these steps, you are proactively positioning yourself for the most favorable outcome in your personal injury case.
Why Hire Rhine Law Firm for Your Personal Injury Case?
Rhine Law Firm provides comprehensive legal representation in a wide range of personal injury matters. We are veteran trial attorneys who excel in complicated cases, including pharmaceutical mass torts against well-funded defendants. Our core philosophy is focused on protecting the injured while we fight for justice.
All prospective clients are offered a complimentary initial consultation, allowing us to evaluate the merits of the case and determine if legal action is warranted. If you decide to retain our services, you can count on your personal injury lawyer to:
- Conduct thorough investigations into the accident
- Determine liable parties and all avenues for potential recovery
- Craft a sound legal strategy
- Collect compelling evidence
- Call on expert testimony as needed
- Prepare and submit legal paperwork
- Handle communications with the defendant’s insurance company
- Keep you apprised of all milestones as the claim progresses
- Accurately assign monetary values to economic and non-economic damages
- Negotiate a fair settlement, or take the case to trial if necessary
What Compensation is Available in a North Carolina Injury Case?
The vast majority of personal injury cases in North Carolina are settled through negotiations and never go to court. Our personal injury attorneys are skilled negotiators and have secured many millions of dollars on behalf of our clients.
Personal injury compensation is designed to reimburse the victim and make them “whole,” or as they were before the accident occurred. A settlement or court award can compensate for actual losses such as medical expenses and lost wages, in addition to intangible losses, also known as non-economic damages.
The value of your case will hinge on many factors, most notably the type and severity of injuries sustained. In general, a personal injury claim can seek money damages for the following losses:
- Hospital and medical bills, including rehabilitative therapies and any other expenses needed for physical recovery
- Ongoing medical treatment
- Lost wages and income
- Property repair expenses
- Loss of future earning capacity
- Pain and suffering
- Emotional distress such as anxiety, PTSD, and sleep disturbances
- Loss of consortium
- Decreased quality of life
Economic vs. Non-Economic Damages
Economic and non-economic damages are two primary categories of compensation awarded in personal injury claims.
- Economic damages refer to quantifiable financial losses resulting from an injury. These include medical expenses, lost wages, future earning capacity, property damage, and other tangible costs. They are calculated based on receipts, bills, wage statements, IRS returns and expert evaluations, providing a clear monetary value.
- Non-economic damages compensate for intangible losses that are harder to quantify. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship. Non-economic damages recognize that not all harm is strictly financial. Both types of damages together seek to make the injured party as whole as possible under the law.
What is the Statute of Limitations for Personal Injury Claims in North Carolina?
North Carolina has a three-year statute of limitations for filing a personal injury lawsuit. No matter what type of wrongful conduct caused your injuries, our lawyers can explain the applicable laws and detail the best steps moving forward. Every member of our firm is committed to personalized service and meeting the needs of our valued clients.
What Is the Contributory Negligence Law in North Carolina?
North Carolina stands out as one of only four states that employ a strict legal doctrine known as “contributory negligence.” Under this law, if an injured party is determined to have contributed in any way, regardless of how minimal, to the circumstances leading to their injury, they may be completely barred from recovering any damages. Even if the injured party is found to be just 1% at fault, they may be unable to secure any compensation for their losses.
Contributory negligence can be complex and challenging to fight alone. Therefore, we highly recommend seeking guidance from an experienced North Carolina personal injury attorney.
Avoid These Common Mistakes to Protect Your Claim
What you do following an accident can greatly influence the outcome of a potential personal injury lawsuit. Equally important is understanding what actions you should not do.
Do Not Admit Fault
In the aftermath of an accident, it is natural for many to feel inclined to apologize, regardless of fault. However, even a simple apology can sometimes be misconstrued as an admission of fault, which could weaken your position in any legal proceedings that follow. Instead, focus on ensuring everyone’s safety and exchanging necessary information only. Admitting any sort of fault can and will be used against you.
Do Not Share Details About Your Case
It is normal for insurance adjusters to ask for recorded statements, but these can come back to bite you later. Before you agree to anything, consider talking to a lawyer. It is better to speak to an attorney before giving ANY statements to an insurance company representative.
Do not post about your accident or injuries on social media, either. We all like to share updates with friends and family, but when you are in the middle of a claim, it is best to keep things quiet online. Even innocent posts can be twisted and taken out of context. Hold off discussing the accident or your injuries until your case is resolved.
A Guide to Speaking with Insurance Companies in North Carolina
Dealing with insurance companies after a personal injury accident can feel overwhelming, especially when you’re focused on recovery. In North Carolina, where contributory negligence laws impact claims, handling conversations with care is particularly important. We do not recommend speaking to any insurance carrier about your injuries – even your own insurance carrier – until you have at least spoken with counsel. We handle all communications with all insurance carriers regarding personal injury claims – to save our clients the headaches and minimize the possibility of harming their case.
Of course, many people communicate with insurance companies following an accident – at least to resolve their property damage claims. Those claims are straightforward and most firms, including ours, focus on the personal injury aspect of damages.
Whether you are handling your property damage claim, or trying to get your personal injury claim started, here are some practical tips to protect your rights and ensure fair treatment:
- Stay Calm and Polite. Approach the conversation with composure. A calm demeanor helps maintain professionalism and avoids giving insurers a reason to misconstrue your emotions or statements.
- Provide Basic Facts Only. Share essential information like the date, time, and location of the accident. Avoid going into detail about fault or injuries, as even seemingly harmless comments could be used against you.
- Do Not Downplay Your Injuries. Be honest about your injuries, but avoid minimizing or exaggerating them. Statements like “I’m fine” might be interpreted as proof that you’re not seriously hurt.
- Document All Interactions. Keep records of phone calls, emails, and any correspondence with the insurance company. Detailed notes can help clarify misunderstandings and support your case.
Understanding Bad Faith Insurance Practices in North Carolina
When an insurance company acts in bad faith, it fails to fulfill its contractual and legal obligations to handle claims honestly, fairly, and promptly. Instead of working to resolve claims in good faith, the company might prioritize its financial interests at the expense of the policyholder or claimant. Bad faith can take various forms, including unjustified claim denials, unreasonable delays, or offering settlements far below the claim’s value without valid reasons.
Examples of Bad Faith Practices
- Unreasonable Denial of a Claim: Refusing to pay a legitimate claim without a valid explanation.
- Delays Without Cause: Prolonging the claims process unnecessarily.
- Insufficient Investigation: Failing to thoroughly investigate a claim before making a decision.
- Lowball Settlements: Offering significantly less than the claim is worth, hoping the claimant will accept out of frustration or financial need.
- Misrepresentation of Policy Terms: Misleading a claimant about coverage or the claims process.
Personal Injury Settlements vs Trials
In a personal injury claim, a negotiated settlement often offers a quicker, less stressful resolution than going to trial. Settlements allow both parties to avoid the uncertainty, time, and expense of litigation, usually leading to an acceptable outcome for both sides. They also provide the injured party with compensation sooner, which can be crucial for covering medical bills, lost wages, and other immediate expenses.
Trials, however, can sometimes result in higher compensation if the case is successful, as a jury may award damages beyond what the opposing party was willing to offer. However, trials come with risks: the outcome is unpredictable, and losing could result in no compensation. Additionally, the prolonged process can exacerbate emotional and financial strain.
For many, the controlled environment of settlement negotiations outweighs the potential rewards of a trial, though the decision should always align with the specific circumstances and evidence of the case.
From our office in Wilmington, we represent clients throughout North Carolina and the nation. If you or a loved one has experienced a catastrophic injury or life changing event and is seeking legal counsel please call today for a free consultation or reach us through the contact form below.
Office Address in Wilmington, North Carolina
1612 Military Cutoff Road,
Suite 300
Wilmington, NC 28403
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1612 Military Cutoff Road,
Suite 300
Wilmington, NC 28403
Speak to a Trusted Personal Injury Lawyer
When another party’s careless or negligent actions cause injury and monetary burdens, the law affords remedies. Our legal team is passionate about helping injured North Carolinians get back on their feet, and move forward with the dignity and respect they deserve. For uncompromising integrity and compassionate advocacy, contact a personal injury lawyer at Rhine Law Firm today. The case review is free, and all claims are taken on a contingency-fee basis.
Our Promise to You
We are proud to serve the people of North Carolina.
Although our primary office location is in Wilmington, North Carolina we represent clients nationally and across the state of North Carolina. Some of the many areas we serve are listed below.
Our Firm Can Help
Our Wilmington personal injury lawyers can assist you to file an injury claim. Personal injury includes a wide array of accidents including auto accidents, maritime injuries, construction site injuries, slip and falls, and more.
Call now for a free case evaluation. You need a personal injury attorney who will be available to you from the start of your case through to resolution, and who you can trust to be personally dedicated to the pursuit of justice and full compensation for you.
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