Proving Your Personal Injury Case
When it comes to filing a personal injury claim, you must prove your case against the defendant.
This typically involves proving the following elements:
- You were injured, and your injury led to measurable damages
- The defendant owed you a duty of care
- The defendant breached the duty of care
- The defendant’s conduct was the proximate cause of your injury
- You were not at fault for the incident that led to your injury
Under North Carolina’s strict rule of contributory negligence, you must prove that you were not at fault in any way for the incident that caused your injury. If you are found to be even 1% to blame, you will likely be barred from recovery.
What Types of Damages Can Be Recovered in a Personal Injury Case?
Most injuries lead to damages, or certain financial, physical, and emotional losses. By filing a personal injury claim, you can seek fair financial compensation for these damages.
While every case is different, many personal injury claims result in the awarding of the following types of damages:
- Medical expenses
- Lost income/wages
- Loss of future income
- Loss of earning capacity
- Pain and suffering
- Emotional distress
In some cases, plaintiffs may be eligible for punitive damages as well. In contrast to the compensatory damages outlined above, which are meant to compensate the victim for their specific losses, punitive damages are awarded intended to punish the defendant. They are generally rarer than compensatory damages and are only awarded in cases involving gross negligence, extreme recklessness, or intentional misconduct.
How Long Do You Have to File a Personal Injury Lawsuit in North Carolina?
The statute of limitations on nearly all personal injury cases in North Carolina is three years from the date of injury. This means that you have three years to file a personal injury lawsuit, but you likely have much less time to file a claim with the insurance company. Usually, you have just a matter of days or weeks to file an insurance claim.
In any case, if you miss the three-year filing deadline, you risk having your case dismissed. Though there are some exceptions to this rule, they are rare. We encourage you to reach out to our Raleigh personal injury attorney as soon as possible after an accident or injury to avoid delays that could end up costing you. However, even if you believe that the statute of limitations has passed, you may qualify for an exception. Get in touch with us today to learn more.
Types of Personal Injury Cases We Handle
At Posch Law Firm, we help clients who have been injured in all types of accidents and life-changing events. We are adept at handling catastrophic injury claims, as well as wrongful death cases involving the tragic passing of a loved one.
We routinely handle personal injury cases involving:
We are familiar with North Carolina auto insurance laws, federal truck regulations, and other factors that may impact your case. We are here to help you navigate the recovery process, communicate with insurance adjusters, and fight for the maximum compensation you are owed.
Schedule a Free Consultation with Our Personal Injury Attorney Today
We understand that this is likely one of the most difficult times in your life. Dealing with the trauma of an unexpected injury can be overwhelming; you need a legal team by your side that is not only willing to fight for you but also one that has the resources and experience to effectively advocate for your recovery.
Our Raleigh personal injury attorney, Gregory Posch, has helped countless individuals and families get back on their feet after devastating, life-changing accidents. He offers compassionate, client-focused representation and attentive legal services you can count on. We work efficiently and strive to ease the stress you are under. Learn how we can help you fight for the fair recovery you deserve.
For a free consultation, call (910) 817-6284 or submit a secure contact form. Se habla español.
"Do not hesitate to get some advice from him."
Attorney Posch has showed true professionalism on our case. We were looking for an Attorney in Raleigh and he showed great knowledge and care for our legal matter. If you are looking for a car accident lawyer or business lawyer I feel confident in recommending Attorney Posh. He’s very responsive and cares about his clients. Do not hesitate to get some advice from him.- Sara F.
"He truly has your own best interest at heart."
Gregory made a stressful experience and process as stress free as possible. Every email was responded to promptly and every question was answered, he did a wonderful job explaining the process and showing that he truly had your own best interest at heart. I could not recommend Gregory and his team enough!- Hiba L.
"10/10 would recommend Posch Law Firm."
I hired Greg Posch of Posch Law Firm to represent me following a speeding ticket I was cited. This was one of the best decisions I have made for my attorney needs. Greg is knowledgeable, hardworking, and transparent. 10/10 would recommend Posch Law Firm to cover any of your attorney needs.- Lloyd S.
"Very informative and straight to the point."Great experience with Mr. Posch. Very informative and straight to the point over and beyond services rendered. Will recommend his services to anyone.- Devon