North Carolina is home to thousands of communities, businesses, and individuals of diverse backgrounds and lifestyles. The state also has a comprehensive legal framework that recognizes the rights of individuals who suffer from brain and spinal cord injuries resulting from another party’s negligence. This article explores the legal guidelines and procedures that govern brain and spinal cord injury lawsuits in North Carolina and what victims can do to protect their rights and get the compensation they deserve.
Table of Contents
The Basics Of Brain And Spinal Cord Injuries
Brain injuries occur when an individual’s skull receives a sudden blow or impact. Such injuries can lead to a range of complications, including long-term disability, cognitive impairment, and emotional trauma. Some common causes of brain injuries include assault, falls, and motor vehicle accidents.
Spinal cord injuries, on the other hand, occur when the neck or spine suffers a sudden blow, leading to damage or displacement of the spinal cord or nerves. Such injuries can lead to significant sensory, motor, or autonomic function disruption. They typically occur due to falls, car accidents, and sports injuries.
The Legal Framework For Brain And Spinal Cord Injury Claims in North Carolina
North Carolina law accommodates individuals who suffer from brain and spinal cord injuries as a result of someone else’s negligence. The statute of limitation for personal injury cases is three years from the day of the incident. That means that the victim has to file a lawsuit for compensation within three years after the accident date; otherwise, the court may dismiss the case.
It is essential to note that North Carolina follows a contributory negligence theory that bars victims from getting compensation if they are found responsible for their injuries, even marginally. Therefore, it is advisable to hire an attorney who understands North Carolina’s personal injury law and can help you build your case and prove the other party’s responsibility.
Proving Liability in Brain and Spinal Cord Injury Cases
Determining liability may be challenging in some brain and spinal cord injury cases, especially if a single or multiple parties are involved. To prove liability, a plaintiff must show:
- The defendant had a duty of care to the plaintiff.
- The defendant breached that duty of care.
- The defendant’s breach of care was the direct cause of the plaintiff’s injuries.
- The plaintiff sustained damages as a result of the breach of care.
To establish these elements, the plaintiff may provide some evidence such as medical records, eyewitness accounts, and expert opinions. With the help of an attorney, the plaintiff can identify the critical pieces of evidence that will support their claim.
Types Of Damages Available For Brain And Spinal Cord Injury Victims
Brain and spinal cord injuries can have different effects on a victim, both physically and emotionally. As such, they may be entitled to different types of damages, depending on their unique circumstance. Some damages that may be available to a brain or spinal cord injury victim in North Carolina include:
Medical expenses: This includes the cost of medical treatment, including rehabilitation expenses, medication, and hospitalization.
Loss of income: A plaintiff may miss out on income when they cannot attend to their job or business due to injuries. In such cases, the plaintiff may seek compensation for loss of income, including future earning capacity.
Pain and suffering: Brain and spinal cord injuries can cause immense physical and emotional trauma. A plaintiff may be entitled to compensation for physical pain, mental anguish, and emotional distress.
Loss of consortium: A spouse of an injured victim may be eligible for compensation if their partner’s injuries impair their relationship.
Conclusion
Brain and spinal cord injuries can have devastating effects on victims and their families. These injuries can lead to medical expenses, loss of income, and emotional distress. However, victims of brain and spinal cord injuries in North Carolina can seek fair compensation by filing a personal injury lawsuit. Working with an experienced attorney can help the plaintiff build a strong case and increase their chances of getting proper compensation.