When it comes to personal injury claims in North Carolina, the state’s comparative fault law plays an important role. Understanding how this law applies to personal injury cases is crucial for anyone seeking compensation for injuries sustained in an accident.
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What is North Carolina’s Comparative Fault Law?
North Carolina follows the doctrine of "contributory negligence" when it comes to personal injury cases. This means that if the plaintiff (injured party) is found to be even slightly at fault for the accident, they are barred from recovering any compensation.
For example, if a pedestrian is hit by a car while crossing the street, but the pedestrian was not using the crosswalk at the time of the accident, the pedestrian would likely be found at least partially at fault. Under contributory negligence, this would mean that the pedestrian could not recover any compensation, even if the driver of the car was also at fault for the accident.
However, North Carolina also has a modified comparative fault law that applies in certain situations. Under this law, a plaintiff can still recover compensation if they are found to be less than 50% at fault for the accident.
How Does Comparative Fault Work in Personal Injury Cases?
Under comparative fault, the amount of compensation a plaintiff can recover is reduced by their percentage of fault for the accident. For example, if a plaintiff is found to be 20% at fault for an accident and the total damages are $100,000, the plaintiff would be able to recover $80,000 ($100,000 – 20%).
It’s important to note that under North Carolina’s modified comparative fault law, a plaintiff can only recover compensation if they are found to be less than 50% at fault for the accident. If a plaintiff is found to be 50% or more at fault, they cannot recover any compensation.
How is Fault Determined in Personal Injury Cases?
Determining fault in a personal injury case can be complex, and it often requires an in-depth investigation of the circumstances surrounding the accident. Some factors that may be considered when determining fault include:
- Whether any laws or regulations were violated (e.g., speeding, running a red light)
- Whether any parties involved were under the influence of drugs or alcohol
- Whether any parties involved were distracted (e.g., texting while driving)
- Whether any parties involved were properly maintaining their vehicle or property (e.g., failure to repair a broken handrail)
It’s important for anyone involved in a personal injury case to work with an experienced attorney who can help gather evidence and build a strong case to prove fault.
What Should You Do if You’re Injured in an Accident?
If you’re injured in an accident, the most important thing is to seek medical attention right away. Even if you don’t feel like you’ve been seriously injured, it’s important to get checked out by a healthcare professional.
Once you’ve sought medical attention, you should also consider contacting a personal injury attorney. An attorney can help you understand your legal options and work to build a strong case to help you recover compensation for your injuries.
Conclusion
North Carolina’s comparative fault law can be complex, but it’s an important factor to consider for anyone involved in a personal injury case. Working with an experienced personal injury attorney can help ensure that you understand your legal options and that your rights are protected throughout the claims process.