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Personal Injury FAQ

Who is the Plaintiff and Who is the Defendant?

The Plaintiff is the injured party or the person making the claim. The Defendant is the at-fault party or the person that caused the injury.

What Am I Entitled to for a Personal Injury Claim?

You can receive compensation for damages or losses due to your injuries. The three most basic damages one can recover are 1) medical bills reasonably related to the crash, 2) lost wages reasonably related to the crash, and 3) pain and suffering reasonably related to the crash.

What is Pain and Suffering?

Pain and suffering can be a very complicated damage to value. At its most basic level, pain and suffering is just that – the pain and suffering that a person suffers as a result of someone else's negligence – but in reality, it is much more complicated. A jury awards a Plaintiff’s pain and suffering, therefore, adjusters look at what a jury might consider when calculating pain and suffering. The jury instruction in North Carolina says that the jury is to use their logic and common sense. Adjusters look at the type of crash, the severity of the crash, the types of injuries, the severity of the injuries, the types of treatment, and the length of treatment.

What is My Personal Injury Case Worth?

We can’t tell you what your personal injury case is worth because there are so many variables that decide that number. Factors such as treatment time, medical bill amounts, bad acts by the Defendant, insurance limits, prior medical conditions, as well as many others play a role in determining the value of your personal injury case. What we can tell you is that we can fight every step of the way to get you every penny your case is worth.

What is Contributory Negligence?

Contributory Negligence is a very old law, left over from old English Common Law. North Carolina is one of only a handful of states which still use Contributory Negligence. Under Contributory Negligence, if a Defendant is 99% at fault but a Plaintiff is 1% at fault for the accident, the Plaintiff gets zero ($0.00). This is why it’s important that you have an attorney to defend you and prove your innocence if you’ve been injured in an accident in North Carolina.

“No lawyer was willing to help me, but Dewey, Ramsay & Hunt showed up and showed out. Not only did this law firm keep me up to date with what was going on with my case, but when I felt down or needed to vent, they listened.”

- Sharon

 


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