Personal injury law, also known as tort law, protects an individual who is injured or harmed due to someone else’s negligence or failure to exercise reasonable care. In a successful personal injury lawsuit, the person who caused the injury monetarily compensates the party who suffered the loss.
There are two basic issues surrounding every personal injury claim – liability and damages. If these two things can be proved, an injured person may be entitled to compensation for their loss. A personal injury suit may be filed under one of the following premises:Negligence
Negligence, the basis for most personal injury lawsuits, is the failure to use reasonable care that results in damage or injury to another party. Although the harm was accidental, if someone gets hurt, the negligent party can be held liable for the damages they caused due to their careless behavior. The elements of a negligence case are:
- Breach of duty.
- Proximate cause.
North Carolina holds to a pure contributory negligence standard, meaning that plaintiffs who are partially at fault for their own injuries are barred from receiving compensation from other parties, no matter how slight their percentage of fault is.Strict Liability
Strict liability in personal injury is the theory that in certain situations, one party is liable for the damages of another without having to prove negligence. This concept holds designers, manufacturers, and distributors strictly liable for injuries sustained from defective products. Defendants may be held strictly liable for a product that is defective because of a flaw in manufacture or design, or a failure to adequately warn the consumer of a hazard involved with the foreseeable use of the product.Intentional Wrongs
Although not common, intentional wrongs like false imprisonment, intentional infliction of emotional pain, defamation, assault, and battery, can also be the basis of personal injury claims, remaining totally separate from any criminal charges brought by the government. The intentional harm can be physical or emotional, and can be inflicted against people or property.
If you have suffered a personal injury in Cumberland 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.