In the case of personal injury as a result of third party negligence, many facets of this type of case now require immediate attention. Being a North Carolina Personal Injury Attorney and Raleigh Negligence Attorney, I have had several clients with concerns encompassing their North Carolina Civil Claims. What effect does this have on my job? Who will pay for my medical bills? Will my insurance cover this? How long will I be out of work? How will I recover from this? These and many more questions will come up, and though not as immediately important as those mentioned before, another important question is, do I have a civil claim against someone else for my costs and injuries? |
Multiple factors must go under review before deciding whether or not you have a personal injury case against another person or business. In order to get an accurate and in depth evaluation of your case, it is imperative that you speak with a qualified personal injury attorney in the area. The most important question that an attorney can clarify for you is, ‘Am I at fault? If so, does that impact my case?’ Yes, the answer to this question can have a crippling effect on the success of your claim, especially if you were in fact involved in your own personal injury.
In the United States there are two groups in which this doctrine is followed: Comparative Negligence and Contributory Negligence, the more popular of these two groups being the Comparative Negligence doctrine. In this doctrine, courts assess based on a percentage of fault where the Plaintiff is responsible for their own injuries and that percentage can have an impact on whether the Plaintiff recovers or how much they may recover. Also in the doctrine of Comparative Negligence are two smaller sub-categories; Pure Comparative and Modified Comparative. In the case of Pure Comparative the percentage the percentage of fault the Plaintiff is responsible for and reduces the amount of the damages award by that much (ex. a Plaintiff with an award of $100,000 but the Jury finds the Plaintiff 60% responsible for their own injury would only recover $40,000). Modified Comparative is either where the Plaintiff cannot be more responsible for their injuries then the Defendant (i.e. no more than 50%) or where the Plaintiff cannot be as responsible for their injuries as the Defendant (i.e. no more than 49%).
On the other hand there is Contributory Negligence is far less used doctrine that only is relevant in four of the fifty states (including North Carolina). When operating under this doctrine the Plaintiff is barred by statute from recovering anything from the Defendant.
The factors that are deemed to contribute, or not contribute, to your personal injury claim vary and are often determined by the Justice Systems ruling on your particular case. As I’m sure you can tell, this makes for a very confusing niche in the field of law and is best navigated with the assistance of attorney. For a better understanding of how your State applies one of these doctrines, speak with a local Personal Injury Attorney in your area.
Disclaimer – Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt, and/or exchange of information from this article do not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derive.
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North Carolina Personal Injury, North Carolina Negligence, Duty, Breach, Causation, Contributory Negligence, Comparative Negligence,