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When a person suffers an injury because of someone else’s actions, the legal term for the harm suffered is personal injury. The injured party can initiate a lawsuit to recover accident-related expenses such as medical care, lost wages, and pain and suffering, and has the responsibility to prove that the other party acted carelessly, caused an accident, and that his injuries were a direct result of those actions.
Contributory Negligence in North Carolina
North Carolina is one of only four states that still apply the strict doctrine of contributory negligence, which holds that even if the defendant negligently caused injury to the plaintiff, the plaintiff cannot recover any compensation whatsoever for his injuries if he was at all negligent in causing his own harm.
However, one exception to contributory negligence is the doctrine of last clear chance, which states that ifthe claimant was in a position of peril and could not avoid the accident following his initial negligent behavior, and if the defendant had an opportunity to avoid the accident but did not, then the plaintiff may make a full recovery. Another exception to the doctrine of contributory negligence is when the defendant’s conduct constitutes gross negligence, intentional, willful, or wanton conduct. In this situation, the plaintiff’s ability to recover may not be barred.
Did you suffer a personal injury in New Hanover County, North Carolina? Our experienced personal injury attorneys handle cases on a contingency basis, meaning that if we don’t help you recover damages, we don’t charge a fee. Contact Nagle & Associates, P.A. online or call (800) 411-1583 to schedule your free initial case evaluation today.