North Carolina personal injury laws have changed over the years, and it is reasonable to expect that more changes will come in the future. These changes can impact the ability of personal injury victims to recover damages from the party responsible for their injuries.
This article will discuss the possible changes to North Carolina personal injury laws and how they can impact personal injury cases.
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Current Personal Injury Laws in North Carolina
To understand how North Carolina personal injury laws might change, it is essential to understand the current laws. North Carolina operates under a contributory negligence system. This means that if an injured person contributed in any way to their injuries, they cannot recover any damages from the other party.
Moreover, North Carolina does not cap non-economic damages in personal injury cases. Non-economic damages can include pain and suffering, emotional distress, and loss of enjoyment of life.
However, the state does cap punitive damages at three times the compensatory damages awarded, or at $250,000, whichever is greater.
Possible Changes to the North Carolina Personal Injury Laws
The following are some of the possible changes to the personal injury laws in North Carolina.
Abolition of Contributory Negligence
One possible change to the personal injury laws in North Carolina is the abolition of contributory negligence. This change would make it possible for injured parties to recover damages even if they played a role in their injuries.
If this change is implemented, North Carolina would operate under a comparative negligence system instead. This means that the amount of damages recoverable would be reduced by the percentage of fault assigned to the injured party.
Cap on Non-Economic Damages
Another possible change to North Carolina personal injury laws is the imposition of a cap on non-economic damages. A cap would limit the amount of damages that a victim would receive for pain and suffering, emotional distress, and other non-monetary damages.
North Carolina operates under a tort reform model, which seeks to limit damages to reduce overall healthcare costs. The theory behind this is that reducing the amount awarded in damages will reduce the number of frivolous lawsuits and, in turn, the cost of healthcare.
Increased Scrutiny for Claims
Another possible change to the North Carolina personal injury laws is an increased scrutiny level for personal injury claims. This increased scrutiny would make it more challenging for individuals to bring claims, especially involving medical malpractice cases.
This increased scrutiny would make it more important for personal injury victims to have strong evidence to support their claims. It would also make it more important to have an experienced personal injury attorney to guide them through the process.
Imposition of Statutes of Limitations
The imposition of statutes of limitations is another possible change to the personal injury laws in North Carolina. Statutes of limitations are laws that dictate the amount of time an injured party has to bring a claim.
If this change is implemented, it would limit the amount of time that a personal injury victim has to file their claim. The state could impose a statute of limitations of a few years or even as little as six months, depending on the type of claim.
Conclusion
North Carolina personal injury laws are poised to change in the future. The state is looking to limit damages to reduce healthcare costs while maintaining balance between the interests of injured parties and the party that caused their injuries.
It is essential to work with a skilled and experienced personal injury attorney who understands these potential changes and can navigate the changes in the law to keep you on the path to recovery.