Under the circumstances of a personal injury case brought about by negligence several factors will require your attention almost immediately. During my time as a Raleigh Personal Injury Attorney, having dealt with multiple cases involving negligence, clients frequently seek my advisement and counsel in regard to their North Carolina Civil Claims. In this situation many questions are raised concerning jobs, bills, insurance, and recovery periods in addition to the major question, Do I have a civil claim against the person responsible for my injuries and the costs I have incurred as a result of them? |
As with any area of law, there are numerous facets that must go under review when dealing with a personal injury claim against someone else. The first piece of the case to be examined is whether or not the person filing the personal injury claim is at fault for what happened to them? The answer to this question has a definite shaping effect on how the rest of case is going to proceed.
In the United States personal injury cases fall under two main doctrines; comparative negligence and contributory negligence. The more popular of these two doctrines for most states is the Comparative Negligence doctrine, which seeks to determine at what percentage the filer of the civil claim is responsible for their own injuries. At the conclusion of this review the Judge and/or Jury will determine, based on what percentage the ‘victim’ is responsible for their own claim, how much they get in compensation for the costs they have now incurred. Comparative Negligence also breaks down into two smaller subsets; pure comparative and modified comparative. In regard to the prior, the Judge will deduct from the amount owed in damages/injuries based upon the exact percentage the Plaintiff is responsible for the same incident. Whereas with Modified Comparative suggests that the Plaintiff cannot and will not be held as more responsible for their injuries than that of the Defendant.
On the other hand the other major doctrine, Contributory Negligence, is only used in four states, one of them being North Carolina. This is a much older mandate on how to proceed with personal injury claims and far less popular among judicial systems. In this doctrine if the Plaintiff is found to even be a percent involved in their own injuries or damages then they will receive no money in return.
The basis on what is a contributing factor to ones own personal injury claim has become very subjective from Judge to Judge and case to case, which makes this field of law that much more difficult to navigate. To gain a better understanding of how these doctrines effect you and your case, call a http://raleighdwiattorney.blogspot.com/>Raleigh Negligence Attorney today.
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 does 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 derives.
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North Carolina Personal Injury, North Carolina Negligence, Duty, Breach, Causation, Contributory Negligence, Comparative Negligence,