Catastrophic Injury Lawyers in North Carolina
If you or a loved one suffered catastrophic injuries in an accident, you may have the right to seek compensation from those responsible for causing your injuries. As a general rule, the more severe your injuries, the more compensation you may be able to claim. However, the exact amount you might recover will depend on the specific circumstances of your injury.
If you need help understanding the potential value of your personal injury claim, the attorneys at Hardison & Cochran can help. We understand the debilitating nature of catastrophic injuries. Let us devote our time and attention to your claim so you can focus on healing. Call or contact us today for a free consultation with a personal injury lawyer in North Carolina.
What is a Catastrophic Injury?
A catastrophic injury refers to any trauma that results in long-term or permanent consequences or complications. Catastrophic injuries differ from less severe injuries because they typically lead to more significant financial and personal losses for accident victims. Common examples of catastrophic injuries include:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Vision or hearing loss
- Traumatic amputation or limb loss
- Extensive burns
- Broken bones, including compound fractures
- Permanent nerve damage
- Internal organ injuries
- Birth injuries
What Types of Damages Can I Recover for a Catastrophic Injury?
In a catastrophic injury claim, you may be able to recover financial compensation for economic and non-economic losses. Economic losses are those of a financial nature, such as:
- Past, current, ongoing, and future medical bills
- Costs of speech, occupational, or physical therapy and any other rehabilitation
- Lost wages
- Loss of future earning capacity
- Purchases of medical or orthopedic equipment and assistive devices
- Costs of home renovations or modifications to install disability accommodations
Non-economic losses include intangible personal losses you endure due to your injuries, such as:
- Pain and suffering
- Emotional distress
- Permanent scarring or disfigurement
- Loss of enjoyment of life
Restrictions on Compensation in North Carolina
North Carolina law may restrict a catastrophically injured person’s ability to recover compensation in a personal injury case in certain circumstances. For example, the state’s harsh contributory negligence law prevents accident victims from recovering money if they bear any responsibility for their injuries.
In catastrophic injury cases involving intentional, wanton, or egregious conduct by the at-fault party(s), the injured victim may have the right to seek an award of punitive damages from a jury. However, state law caps the punitive damages a catastrophic injury victim can receive at $250,000 or three times the amount of compensatory damages, whichever is greater. If the jury awards more than the cap, the trial court must reduce the verdict to the cap on punitive damages.
One exception is if a drunk driver caused the accident that led to the victim’s injury. In those cases, no cap applies when awarding punitive damages. Juries can decide what amount is appropriate based on the defendant’s conduct.
Factors That Influence Settlement Amounts
The amount of money a settlement might pay you for your catastrophic injuries will depend on various factors, such as:
- The type and severity of the injuries you suffered
- The duration and type of medical treatment, rehabilitation, or personal care you receive for your injuries or disabilities
- Whether you miss time from work or your disabilities render you unable to work
- The number of potentially liable parties in your case
- The extent of at-fault parties’ financial resources or insurance coverage
- Whether the at-fault party injured you due to their willful, wanton, or egregious conduct
- Whether you share fault for the accident that injured you
- The strength of the evidence supporting your catastrophic injury claim
- Whether you file a lawsuit in your case
Maximizing your compensation after a catastrophic injury is essential to ensure you have the resources you need moving forward in life. A skilled attorney can advise on the best strategy to pursue full and fair North Carolina personal injury damages.
Why You Need Experienced Legal Representation
Getting top-tier legal representation from Hardison & Cochran can help reduce your burdens and strengthen your catastrophic injury claim. Let our firm guide you through the claims process by:
- Thoroughly investigating your case to obtain evidence and understand the extent of your injuries
- Working with experts to determine your current and future needs or losses
- Building a compelling case to argue for maximum compensation
- Filing your insurance and legal claims accurately and on time
- Handling all communications with insurance adjusters and defense lawyers
- Aggressively pursuing a full financial recovery on your behalf through a negotiated settlement or by taking your case to trial (if necessary)
Our law firm has a proven track record of success in catastrophic injury cases. Some of our notable results include:
- $6.75 million for a delivery driver paralyzed after a cargo load fell on him.
- $3.5 million for a worker who suffered paraplegia after a tree fell on him at work.
- $1.5 million for a worker killed in a hole/trench collapse.
You deserve to seek compensation for your catastrophic injuries. Let Hardison & Cochran help you pursue every penny you’re owed. Contact us for a free consultation to learn how our firm can help you demand accountability and justice for what you’ve endured.
Call us 24/7 for a Free Consultation
FAQs About Catastrophic Injuries in North Carolina
How long do I have to file a catastrophic injury lawsuit in North Carolina?
Under North Carolina’s statute of limitations on injury claims, you typically have three years to file a lawsuit to seek catastrophic injury compensation in North Carolina.
What if I’m partially at fault for the accident?
North Carolina law follows the contributory negligence rule in injury cases. Under this rule, you cannot pursue a legal claim if you share any fault for the accident that caused your injuries. This rule is harsh compared to most other states, which apply a comparative negligence standard to personal injury claims.
How is pain and suffering calculated in North Carolina?
North Carolina laws do not impose a specific formula for calculating compensation for an accident victim’s pain and suffering. Courts instruct juries in catastrophic injury lawsuits to apply common sense when determining how much compensation to award claimants for their pain and suffering.
Are there limits on how much compensation I can receive?
State law does not limit how much compensation a catastrophic injury victim can recover for economic and non-economic losses. However, the law does cap the amount of punitive damages a person can recover at three times the amount of compensatory damages awarded or $250,000, whichever is greater.
Can I receive compensation for lost wages if my family member is my caregiver?
When a family member takes time off work to care for you due to your catastrophic injury and resulting disabilities, you may have the right to recover compensation for your family member’s lost income in addition to your lost wages.
Do I need a catastrophic injury lawyer?
Hiring a personal injury lawyer in North Carolina with experience in catastrophic injury claims can help you recover maximum compensation. A catastrophic injury lawyer who understands the complexities of these devastating injuries will know how to argue for more compensation for non-economic losses like pain and suffering or lost quality of life.
