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Cardinal Law Partners.

Please Call One of Our board-certified Workers' compensation Specialists For a Free Consultation (833) 444-4127

  • By: Cardinal Law Partners
Close-up of a gavel on a desk with attorneys symbolizing legal terms related to personal injury

Suffering a personal injury can be life-changing, and understanding the legal terms involved is essential to getting the compensation and justice you deserve. Whether you’re dealing with the pain of physical recovery or the stress of mounting medical bills, knowing how liability, damages, and negligence factor into your case can give you the power to protect your rights. This guide breaks down key legal terms every personal injury claimant in North Carolina should know, helping you take control of your path to recovery.

Keep reading to learn about…

  • How negligence and liability factor into your personal injury claim.
  • What damages you may be entitled to in North Carolina.
  • How a pain journal can benefit you, and what to record.

What Constitutes A Personal Injury Claim?

When most people think of a personal injury claim, they often associate it with car accidents. However, a broader, more straightforward definition is that a personal injury claim is a civil case where someone has been harmed by another person’s actions—whether intentional or negligent. Common examples include car accidents, slip and falls, or even assaults.

What Is Liability, And What Does That Mean In The Context Of Personal Injury Law?

Liability refers to the responsibility of the person who caused the injury. In personal injury law, the individual who is found liable must compensate the injured party for their losses. Most often this compensation is paid by an insurance carrier.

This could include covering medical bills, lost wages, and any long-term effects like scarring or permanency. Essentially, liability means that the person at fault is held financially accountable for the harm they’ve caused.

How Is Negligence Defined In North Carolina, And Why Is That Important In The Context Of A Claim?

Negligence occurs when someone has a duty to act with care and fails to do so, leading to an injury. In North Carolina, this is important because establishing negligence is key to holding someone responsible for damages.

For instance, drivers have a duty to follow traffic laws—such as stopping at a red light. If they fail to do so and cause an accident, that’s negligence. The same concept applies in other situations where someone’s failure to exercise reasonable care results in harm, whether intentional (like assault) or unintentional.

What Are Damages? What Types Of Personal Injury Damages Can I Claim?

In a personal injury case, “damages” refers to the compensation a person can seek for losses they’ve suffered due to someone else’s negligence. There are two main types of damages: special damages and general damages.

  • Special damages are specific, easily calculated losses. These include:
    • Medical bills, which can be documented and precisely calculated.
    • Lost wages due to time missed from work, which can be proven through wage verification forms from your employer.
    • Property damage, such as the cost to repair a car after an accident.
  • General damages are harder to quantify because they deal with non-economic losses. These include:
    • Pain and suffering, which looks at the emotional and physical impact of the injury on your life.
    • Loss of enjoyment of life or the long-term effects of an injury, such as no longer being able to bend, stoop, or squat as you did before the accident.

What Kinds Of Evidence Do You Need To Prove Damages in A Personal Injury Claim In North Carolina?

To prove special damages, medical bills are essential for calculating the exact costs of your treatment Doctor’s notes that specify how long you were unable to work due to your injuries can support your claim for lost wages and help you reclaim these special damages. Additionally, a wage verification from your employer can confirm any lost income due to time missed from work.

To prove general damages, medical records play a key role. For instance, your doctor can document ongoing pain, physical limitations, or loss of function, such as your inability to bend or perform other activities you could do before the injury. These records, along with detailed notes on any surgeries or procedures, help demonstrate the non-economic impact of your injury, such as pain and suffering, and support your claim.

Tip: Keep A Pain Journal

A pain journal is highly recommended in certain cases. This is especially useful in cases involving long-term injuries, such as head injuries or chronic pain conditions. A pain journal helps you track your symptoms, like recurring headaches or difficulties with daily tasks, which may not be easily recalled as time passes.

By documenting how your injury affects your daily life—such as the severity of pain, activities you can no longer enjoy, or specific challenges you face—you create a record that can support your claim for general damages like pain and suffering. This kind of personal account can be invaluable when your case may stretch over months or even years.

What Does The Burden Of Proof Mean In A Personal Injury Case?

In a personal injury case, the burden of proof lies with the plaintiff, meaning the injured party must prove their claim. In civil cases like personal injury, the standard is called preponderance of the evidence, which is different from the higher standard used in criminal cases, beyond a reasonable doubt.

Preponderance of the evidence means that the plaintiff must show it is more likely than not that the defendant’s actions caused their injury. To visualize this, think of the scales of justice: if the evidence tips the scale even slightly—51% or more—in favor of the plaintiff, they have met their burden of proof.

What Is The Difference Between A Trial And A Settlement?

A settlement is a pre-trial agreement between you and the negligent party or you and their insurance company. You and your attorney will negotiate for a dollar amount based on all of the evidence in the claim. . If you accept this amount, your case ends, you get the agreed-upon dollar amount, and your case does not go to trial.

If a dollar amount cannot be agreed upon, you and your attorney can go to trial. This allows you to present your case before a jury, and the jury makes a decision as to how much you are owed.

While many people assume that a personal injury case automatically goes to trial, most claims are settled out of court. This is usually a good thing: settlement allows you more control over the dollar amount you receive in hand, while a trial leaves you dependent on what a jury decides your injury is worth.

What Is The Statute Of Limitations For Injuries In North Carolina?

A statute of limitations is the deadline by which you have to file a lawsuit with the court. In North Carolina, this limit is three years from the date of your personal injury. However, the statute of limitations is two years in a wrongful death claim. For this reason, the sooner you reach out to an attorney, the better.

Collecting evidence will take time, recovery can take time, and negotiations with insurance companies for a settlement can take time. You want to be sure you don’t miss the deadline to file a lawsuit and go to court should negotiations break down and a trial is necessary.

What Is An Insurance Adjuster And What Is Their Role In A Claim?

An insurance adjuster works for the insurance company of the person who hit you. They will investigate your claim with the intention of saving the insurance company as much money as possible. They are not there to help you, and while they may sound friendly and concerned on the phone, you should avoid speaking to them.

An insurance adjuster will try to engage you in detailed conversations about the accident and then use your words against you in frustrating and unexpected ways.

For example, even simple opening questions such as “How are you doing today?” can be used to elicit a response of “I’m fine!” from you. This friendly response can then be used as evidence that you are not injured or not in pain, as you just said you were “fine.” Of course, that is not what you meant at all, but an insurance adjuster can use even friendly, socially conditioned responses to try to deny your claim.

Allow your attorney to handle all communications with insurance adjusters for you. If an insurance adjuster calls, simply let them know that your attorney will be in touch with them. Never engage them at length and never agree to an offer they make over the phone. Allow your injuries to be fully assessed, and allow your attorney to speak for you.

What Role Does A Personal Injury Attorney Play In The Claims Process?

Our law firm immediately takes over all communication with the insurance company. We do not let them speak to you and will make sure you have enough time to have your injuries diagnosed, assessed, and treated.

We also jump in and investigate the accident scene, have pictures taken, and will hire an accident reconstructionist if necessary. We will send out letters to insurance companies to preserve evidence, making sure that the physical evidence from your accident is retained and can be used to make your case.

We’ll help you navigate which paperwork and documentation you’ll need,. We will gather the evidence you’ll need to settle for the best amount possible or make a strong case with a jury at trial.

How Our Firm Supports Clients Like You

It can be incredibly frustrating speaking with insurance carriers, and we’re sure to handle this from day one. As your body heals and you begin to make appointments with doctors, new symptoms can be noticed, and we’ll help you understand this process.

For example, ringing in your ears, dizziness, or headaches can all be signs of a head injury, and we can help you identify this and help you get to the specialists you need.

We’re also there to walk you through unfamiliar territory and help you navigate the process of getting justice and help. We know that no one comes to see a lawyer over happy events; you’re in our office because something unpleasant, jarring, or traumatizing has happened. It’s our job to help you get through the legal process with compassion, foresight, and the best legal results possible for your case.

A relationship of trust and empathy is important, and I want my clients to be able to trust me to advocate for them the way they would trust a family member to do the same.

When Should You Contact A Personal Injury Attorney After An Accident In North Carolina?

You don’t have to come into my office to get help or advice. If you are at an accident scene you can call us, if you are getting medical help you can call us. Whatever works best for you we can meet in person, over the phone or virtually.. You can feel free to call us from the hospital, and we will respond. At Cardinal Law Partners, we pride ourselves on working with clients directly you’ll be speaking to us.

Focus on healing and taking care of yourself, and we’ll get to work collecting documents and medical records and speaking to insurance companies for you. We’ll help you understand the status of your case at each step, answer any questions or concerns that you have along the way, and tailor our legal strategy to help you get the damages you’re entitled to.

Still Have Questions? Ready To Get Started? For more information on Personal Injury Claims In North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4127 today.

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