Unfortunately, simply being injured by another person is not enough to file a North Carolina personal injury claim. While it goes against common sense, there are still some barriers to recovery for injured people in our state.
The Bishop Law Firm represents personal injury clients throughout North Carolina. Our firm handles car accidents, slip and fall accidents, pedestrian accidents, motorcycle accidents, dog bites, wrongful deaths and more. We also offer free case reviews by phone at (919) 615-3095.
North Carolina Personal Injury Law
Anyone who has been injured through no fault of their own may have a North Carolina personal injury case. Injured parties can recover compensation for medical bills, lost wages, pain and suffering, and in rare cases, punitive damages. However, NC is a contributory negligence state (one of the last remaining states).
NC Personal Injury – Top 10 Barriers to Recovery
Even if you were injured by someone else, you may still be unable to recover damages in a NC personal injury case if:
- You are at fault. In North Carolina, the victim must not be at fault (not even 1%) to obtain a personal injury claim. Even if the other party is primarily at fault, this can still hinder the victim's recovery. This can create an unfair outcome for personal injury victims, but it is the law of our state.
- You let the statute of limitations expire. The statute of limitations for most North Carolina personal injury claims is three years. If three years have passed since the accident, you will not be able to recover compensation for your injuries.
- You have no actual injuries or actual losses to recover from. Personal injury requires “bodily harm” to compensate you for medical bills and lost wages. Property damage alone is not eligible. If you are involved in an accident and do not receive medical treatment or miss any time from work, the at-fault party cannot recover any compensation.
- The at-fault party did not have car insurance at the time of the accident. You could try to attach the at-fault party's personal assets, but the chances of them owning the assets (and not having car insurance) are slim. However, North Carolina does require uninsured motorist coverage, so you may be able to get some compensation from your own insurance company.
- The owner who harmed your animal is a tenant and has no renters insurance or equity. Additionally, some insurance companies deny coverage to homeowners for certain types of animals. The animal that attacked you may be on the uninsurable list. If the homeowner's insurance does not pay the claim, the homeowner may not have money or assets that you can seize.
- The at-fault party has died and no estate has been created against which you can sue.
- The responsible party cannot be found or the responsible party enjoys immunity from personal injury suits (governmental immunity).
- You were trespassing or committing a crime when you were injured.
- This matter is actually a landlord-tenant issue, not a personal injury claim. If you are injured on a rental property, even after notifying the landlord of the problem, you may have a landlord-tenant issue rather than a personal injury case.
- You were injured at work. In North Carolina, if you are injured on the job, you need to file for North Carolina Workers’ Compensation benefits. You would not have a personal injury claim unless a third party injured you while you were at work. Simply put, you cannot file a personal injury claim against your employer.
While it may seem absurd that you could have been injured by someone else and still not receive fair compensation for your damages, that is unfortunately the case in North Carolina.
The Bishop Law Firm represents injured clients in Raleigh, Cary, Durham, Fayetteville, Smithfield, Rocky Mount, Wilson, Chapel Hill, Roanoke Rapids, Lewisburg, and other areas of 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!
