Personal injury lawsuits are civil actions brought as a result of someone’s wrongful conduct. A personal injury, or tort, action does not involve the government prosecuting the wrongdoer; rather, these types of cases involve a private party seeking monetary compensation for the harm caused by another person’s negligent actions.The Theory of Negligence
Most, but not all, personal injury cases are based upon the theory of negligence. Negligence is someone’s failure to act responsibly and avoid putting others at risk for injury. To establish liability in a negligence action, a plaintiff must show that a reasonable person in the defendant’s position would have acted differently under the same circumstances.
Once negligence has been established, the defendant will be required to pay the plaintiff for all the injuries caused by his careless actions. Some types of damages, such as medical bills, lost wages, and property damage, are relatively simple to calculate, while others, such as emotional distress and loss of earning capacity, may require expert testimony.
North Carolina is one of only four states that hold to a pure contributory negligence law, meaning that victims who are partially at fault for their own injuries are not allowed to recover compensation, even if their relative fault is extremely small. Punitive damages meant to punish and deter similar conduct, may also be available in certain circumstances. In North Carolina, punitive damages cannot exceed the greater of three times the amount of compensatory damages, or $250,000 in all types of injury cases.
If you or someone you love has sustained a personal injury in Brunswick County, North Carolina, contact Nagle & Associates, P.A. online or call (800) 411-1583 to schedule your free initial consultation with an accident attorney today. We handle personal injury cases on a contingency basis, meaning that if we don’t help you recover damages, we don’t get paid. Please call today.