Charlotte Injury Lawyers Blog
Personal Injury Claims – Common Questions and Answers
When you or a loved one was injured due to the negligence of another, you may be owed money for your damages. The person responsible for your injuries should pay for your medical expenses and other damages that you incurred as a result of the accident.
Does a Personal Injury Claim Have to Go to Court?
Filing a personal injury claim does not always result in a trial. In fact, very few claims get to court because parties agree to settle prior to going that far. Parties often prefer to resolve the claim outside of court for a number of reasons. A party may not want negative publicity surrounding the lawsuit. A trial can lengthen the time needed to resolve the case, which will increase legal fees and other costs. Sometimes, parties cannot agree to a settlement, and in those instances, the case will proceed to court.
How Much Does a Personal Injury Case Cost?
A personal injury case can be expensive because of the time involved and the need for professionals and experts. In many cases, an attorney will take a personal injury case on contingency. This means that the lawyer will be paid for most of their services from the proceeds of the claim once it is finalized. You may need to pay some legal costs upfront, such as a retainer fee. The attorney will get a percentage of the settlement or a portion of the claim if the matter goes to trial.
Do I Have to Have a Lawyer to File a Claim?
You are not required to hire a lawyer to file a personal injury claim; however, in most situations, it is strongly recommended. In cases where damages are less than $10,000, it may be beneficial to file through small claims court. These are considered claims that are less complex, and you may be able to resolve the matter without an attorney. For larger and more complex cases, it is usually in your best interest to seek legal guidance. Attorneys are more experienced at negotiating a larger settlement in these types of cases.
How Long Do I Have to File a Claim?
North Carolina law limits the time you have to file a personal injury claim. For most injury claims, you have three years to file a claim from the date of the occurrence. The same length of time applies to contracts, property loss, and trespass cases. In some cases, medical malpractice claims may be made from one to 10 years after the discovery of the problem. It is essential to file a claim promptly to ensure the best results. Over time, it can become more difficult to gather the evidence and information necessary to prove your case.
Not all injuries lead to personal injury claims. In order for your claim to be successful, you must be able to prove the negligence of another and that your injuries resulted from that negligence. A personal injury attorney will review the details of your case to determine your options. If you were hurt due to the negligence of another, you may be owed compensation for your claim. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a free initial consultation to discuss your claim.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-52.html
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