Simply being injured by another, unfortunately, is not always enough to have a North Carolina Personal Injury claim.
While this flies in the face of common sense, there are several barriers to recovery for the injured in our state.
The Bishop Law Firm represents North Carolina Personal Injury victims. Our firm handles car accidents, slip-and-fall accidents, pedestrian accidents, motorcycle accidents, dog bites, wrongful death, and more.
We do not get paid unless you win, and we offer free case reviews.
North Carolina Personal Injury Law
Anyone who is injured through no fault of their own may potentially have an NC Personal Injury case.
However, in order to have a viable claim, there must be negligence by the at-fault party, and that negligence must have caused the harm to the victim.
Negligence, simply put, is a failure to perform an owed duty. For example, all drivers on the road have a duty to follow traffic laws, and a failure to do so would constitute a breach of that duty. If that failure results in injury to another, negligence has occurred.
An injured party can receive compensation for their medical expenses, lost wages, pain & suffering, and in a few instances, punitive damages.
However, there are times when a North Carolina victim is barred from recovery either by law or circumstance.
Learn more about pursuing a North Carolina personal injury claim.
Ten Bars to Recovery in North Carolina Personal Injury Cases
Even if you are involved in an accident in North Carolina, you still may not be able to recover your losses in an NC Personal Injury case if:
1. Contributory Negligence
North Carolina is one of the few remaining contributory negligence states.
In NC, a victim must not be at fault (not even 1%) in order to recover on a personal injury claim. Even if the other party was mostly at fault, that still prevents recovery for a victim.
This results in unfair outcomes for personal injury victims, but it is the law in our state.
The Last Clear Chance doctrine can provide relief from contributory negligence, but in our experience, it seldom helps.
Also, if the at-fault party was grossly negligent, that could trump the victim's contributory negligence and allow the claim to proceed.
For an example of gross negligence, think of drunk driving.
Read more about Contributory Negligence.
2. Statute of Limitations
Most North Carolina Personal Injury claims have a three-year statute of limitations. If you let three years pass after your accident, you will not be able to attain compensation for your injury.
At first, three years may seem long, but with severe injuries that take substantial time to heal, these years can pass quickly.
Waiting too long to take action can eliminate a victim's right to recovery.
North Carolina Personal Injury Statute of Limitations
3. No Actual Injury or Losses
Personal Injury requires "bodily injury" for you to recover your medical expenses and lost wages. Property damage alone does not qualify.
If you were involved in an accident and you have not received medical treatment or missed any time from work, there is nothing to recover against the at-fault party.
If you sustained no injury and you have no losses related to injury, you do not have a North Carolina Personal Injury Claim.
4. At-Fault Party does not have insurance or assets
If the at-fault party has no insurance or assets, there may be no practical way for a victim to recover.
To recover from the at-fault party, they must have something that can be used to compensate a victim.
You can attempt to attach to the at-fault party's personal assets, but the likelihood that they have assets (and no insurance) is slim.
However, NC does require uninsured motorist coverage, so you may be able to attain some recovery from your own insurance company.
Read more at North Carolina Car Accident Lawyer.
5. At-Fault Party is a Renter without insurance
In animal attack cases, sometimes the at-fault party is a renter. If the renter has no insurance or assets, there is no one to recover from.
In addition, some insurance companies refuse to insure homeowners for certain types of animals.
The animal that attacked you may be on the uninsurable list.
If the homeowner's insurance will not pay the claim, the homeowner may not have money or assets to which you can attach.
Read also North Carolina Dog Bite Lawyer.
6. Deceased At-Fault without Insurance, Assets, or an Estate
If the at-fault party later dies without insurance, assets, or an estate, there is no one for the victim to bring suit against.
7. The at-fault party can not be found or has immunity.
As discussed above, negligence is required to have a North Carolina Personal Injury case. In order to demonstrate negligence, you must show that the at-fault party breached a duty.
Without knowing who is at fault and thus who is negligent, a victim has no one to recover against.
In addition, even if the at-fault party is known, the responsible party may be immune from personal injury lawsuits if it is a governmental actor (governmental immunity).
8. You were trespassing or committing a crime at the time of your injury.
If a victim is injured while trespassing or committing a crime on someone else's property, they are barred from having a personal injury claim.
Property owners owe a duty to invited visitors, but no duty is owed to trespassers in general.
9. Landlord Tenant vs. Personal Injury
If you are injured on property that you rent from your landlord, the matter is actually a landlord-tenant issue and not a personal injury claim.
If you are injured on property that you are renting, even after informing your landlord of the issue, you would likely have a landlord-tenant issue and not a personal injury case.
Landlords and tenants have a contractual relationship governed by the terms of the contract.
In the alternative, if a victim is injured in the property's common areas (such as a walkway into an apartment building), a personal injury claim may exist.
10. You were injured at work.
In North Carolina, if you are injured at work, you would need to file for NC Workers' Compensation benefits. You would not have a personal injury claim unless a 3rd party injured you while you were working.
Simply put, you cannot have a personal injury claim against your employer.
While it may seem ridiculous that you can be harmed by another and still be unable to receive fair compensation for your losses, it is unfortunately the case in NC.
The Bishop Law Firm represents injured clients in Raleigh, Cary, Durham, Fayetteville, Smithfield, Rocky Mount, Wilson, Chapel Hill, Roanoke Rapids, Louisburg, and other areas in North Carolina.
Our firm does not get paid unless you win, and we offer free case reviews, (919) 615-3095. We wish you a speedy recovery!
