Personal Injury Questions
What types of personal injury cases does your law firm handle?
Ward Black Law handles the following types of personal injury claims:
- Wrongful Death
- Motor Vehicle Accidents
- Inadequate Security
- Premises Liability
- Medical Malpractice
- Legal Malpractice
- Nursing Home Litigation
What is the statute of limitations for personal injury claims in North Carolina?
Most states have time deadlines for filing a personal injury suit. The deadline is referred to as the “statute of limitations”. If you fail to start your lawsuit and the deadline expires, your case will be dismissed by the judge. Personal Injury claims have a statute of limitation period of three (3) years, although if a person dies because of his or her injuries the period is two (2) years from the date of death. Some exceptions to the limits period apply, and an attorney should be consulted about the proper limits period for each case.
How do I know if I have a personal injury case?
First, you must have suffered an injury to your person or property. Second, your injury must have been the result of someone else’s fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit, however. Suits may be based on a variety of nonphysical losses and harms. Contact Ward Black Law today to find out if you have a personal injury case.
Why do I need a lawyer to represent me in my personal injury case?
Your lawyer’s focus is obtaining the maximum damages for you, consistent with the nature of your injuries and losses. You need a lawyer working for you to protect your interests. Additionally, a lawyer can investigate all sources of recovery and ensure that your medical expenses are submitted to the proper source for payment.
What damages can I collect as a result of my personal injury?
Compensation, or damages, awarded in personal injury claims vary based upon the type of injury and cause. The most commons forms of compensation include payment for:
- Medical Bills
- Property Damage
- Lost Wages
- Emotional Trauma
- Physical Disability
- Mental Disability
- Pain & Suffering
- Funeral Expenses
How long does a personal injury claim take to resolve?
Personal injury claims can be resolved in a matter of a few weeks or months. However, they make take up to several years depending on the complexity of the case. It is best to speak with an experienced personal injury attorney about your specific case. Contact Ward Black Law today to discuss your case.
What is negligence?
A failure to act reasonably in a situation is considered negligence. This includes doing something carelessly or failing to do something; i.e. driving without your headlights on.
What is contributory negligence?
It is a common defense to a negligence claim stating that the plaintiff’s negligence contributed to their injuries.
How is negligence determined?
Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:
- Lack of reasonable care
- Breach of duty
- Injury to the victim
- Forseeability (knowing an act would occur based on the circumstances) and
What are punitive damages?
Damages awarded to punish the defendant, above those damages awarded for injuries or medical care
What does pain and suffering damages include?
This would generally be money awarded over and above medical costs and lost wages, specifically for the emotional suffering and the physical pain a victim incurred
What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?
A claim for injuries sustained in an automobile accident is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The issues that typically arise in a tort claim after an automobile accident are the following:
- Liability – who is at fault and to what degree
- Damages – injuries or losses that were caused by the accident
- Insurance Coverage – what the insurance company will pay for after an accident
Is there a difference between a tractor trailer accident and a car accident?
Trucking accidents are different from auto accidents in many ways, one of the most serious being the extent of damages and injuries when a truck and an automobile collide. Because big rigs, 18 wheelers and tractor-trailers can weigh in excess of 80,000 pounds, a trucking collision can have deadly consequences.
Who can sue in a personal injury case involving a truck accident injury?
Anyone who is injured or has had a loved one killed in a truck accident can sue as long as some other person or entity, besides the person suing, is at fault for the accident. This includes adults and children (who can sue through guardians or parents); and even truck drivers if another person or entity was at fault for the accident.
Who can sue for a motorcycle accident injury or death?
The operator of a motorcycle and the administrator of his or her estate in a wrongful death case can sue for their damages if any other party is at fault. The passenger on a motorcycle can normally sue a motorcycle operator if the operator is at fault and/or any other person or entity that is responsible for their injuries. Any other person injured by a motorcyclist, such as a pedestrian, can recover damages against the motorcycle operator and any other responsible party.
If I slip and fall at a business, is the owner of the business legally responsible for my injuries?
Typically, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any known dangerous conditions. It is the responsibility of your experienced personal injury attorney to gather the relevant facts and to know the applicable legal principles in order to determine if the owner can be held liable for the injuries caused in a fall. Contact Ward Black Law today to discuss your claim.
For more information, see our page on Personal Injury.