When you are injured through another person’s negligence, you may wonder what damages can be recovered through a North Carolina personal injury law. You are not alone in this feeling and have every right to seek financial compensation for your injuries.
Some different types of damages could be awarded in your case. These include compensatory, punitive, and non-economic damages.
Compensatory Damages
Generally, you can recover compensation for the costs incurred by your injuries. This includes medical bills, treatment expenses, lost wages, and any other costs associated with your injury.
In some states, you can seek damages even if you are partly at fault for your injuries. This is known as contributory negligence in North Carolina.
You may also be awarded punitive damages if the defendant was negligent or egregiously wrongful. These damages are intended to punish the defendant and deter others from committing similar acts.
In addition, some states have a cap on non-economic damages. This is meant to reduce jury awards and keep insurance premiums lower.
Punitive Damages
Normally, when an accident occurs due to another party’s negligence, you can recover compensation from the at-fault party or their insurance company. This includes damages for your medical bills, lost wages, and pain and suffering.
However, if the defendant acted egregiously wrongfully, you may also be entitled to punitive damages. This is often the case when an individual causes an accident while driving under the influence of alcohol or drugs. Still, it can also apply to a corporation that repeatedly fails to fix product defects and provide consumers with clear and appropriate warnings about their health risks.
A jury typically awards punitive damages at trial. They are based on some factors, including the egregiousness of the defendant’s conduct, their ability to pay, and similar past conduct.
Damages for Pain and Suffering
Pain and suffering damages are a person’s compensation for non-economic losses. These can include mental distress, such as anxiety and depression, the emotional trauma of a physical injury, or a loss of enjoyment in life.
A North Carolina personal injury lawyer can help you establish the number of damages for pain and suffering. They will review your medical records, photos, and videos to document how your injuries have affected your life.
They may also interview witnesses and other parties who can substantiate your losses. For example, suppose you were unable to work due to your injury. In that case, a personal injury lawyer might interview an experienced vocational rehabilitation specialist to determine how the injury has impacted your employment options.
To calculate pain and suffering damages, North Carolina uses the multiplier method. First, all your economic losses are added together, and then you multiply that number by a number ranging from 1.5 to 5.
Damages for Economic Loss
Economic damages, also known as “special damages,” are intended to compensate victims for their lost money and property due to the defendant’s negligence. These losses include medical expenses and lost wages if the victim cannot work because of their injuries.
The compensation received for these economic losses can help the injured party to get back on their feet after an accident. It can also cover future medical costs that may be expected from their injuries.
Non-economic damages, on the other hand, are less tangible and difficult to quantify. They are usually sought out in more serious accidents and can compensate for pain, suffering, emotional distress, and loss of consortium.
In North Carolina, no cap on non-economic damages can be recovered in a typical personal injury case. However, there is a limit on punitive damages, which can only be awarded in cases where the defendant committed extreme recklessness or malice.