Victims of an accident caused by another person or business have the right to seek financial compensation for those losses. Most folks are entitled to economic and non-economic damages, known collectively as compensatory damages. At Brown Moore & Associates, PLLC, we help people in and around Charlotte seek these damages in personal injury claims and lawsuits.
What Are Economic Damages in a Personal Injury Case?
Economic damages are losses you suffered with a clear monetary value assigned to them. They are “countable,” tangible losses – the types that come with bills or receipts. Examples of economic damages may include:
- Medical expenses and costs of future care
- Property damage
- Lost wages and benefits
- Loss of earning potential
- Transportation costs to and from medical appointments
- Therapy and rehabilitation costs
- In-home modifications due to injuries
- In-home help due to injuries
Our Charlotte personal injury lawyers will document all of the out-of-pocket expenses you have, along with any other proof of loss in your case.
What Are Non-Economic Damages?
Non-economic damages are those without a specific, clear value associated with them. They are more subjective in nature, meaning how you value these losses depends on factors such as the impact to your life and the injuries sustained. Some of the most common non-economic damages suffered in personal injury claims include:
- Pain and suffering
- Emotional distress and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Loss of reputation
It is not straightforward to know what pain and suffering is worth, for example. However, a Charlotte personal injury attorney from Brown Moore & Associates, PLLC will use a variety of strategies to clarify what your rights are under the law.
How North Carolina Law Addresses Personal Injury Damages
Your attorney will look at every detail of your case, outline the losses you have, and build an evidence-based claim of those losses. North Carolina law does not cap or limit the value of economic and non-economic damages in most personal injury cases. That means you have the right to pursue any losses you have to the value you can justify. This applies to most types of accidents, such as motor vehicle accidents, slip and fall claims, and dog bites.
Punitive Damages
Punitive damages are separate from compensatory damages in North Carolina. They are a punishment levied against the at-fault party, and they may be available in cases of egregious or intentional action by others. When applicable, the court caps these damages at no more than three times compensatory damages or $250,000, whichever is greater, per N.C. Gen. Stat. § 1D-25. There is no cap on punitive damages in claims involving DWI/DUI.
North Carolina’s Pure Contributory Negligence Rule
North Carolina is a pure contributory negligence state. If you are found to be even 1% at fault in an accident, you are barred from seeking compensation.
What you need to know is that fault is assigned by the insurance companies during the claims process. Here’s how it works:
- Insurance adjusters investigate the crash by reviewing the police report, driver and witness statements, photos, and any other evidence.
- Based on that evidence, the insurance company decides who was at fault (and sometimes assigns percentages of fault if both drivers contributed).
A police officer’s report often influences the adjuster’s decision, but the officer doesn’t officially “assign” fault; that’s up to the insurers in the claims stage, or a court if the case escalates to a lawsuit.
This is why you should contact a Charlotte personal injury attorney after any accident or incident that causes you harm. You need a legal advocate who can push back against the narrative so you can claim the compensation you deserve.
Damages Caps on Medical Malpractice Claims
There are limitations on compensation in medical malpractice claims. Under North Carolina General Statute § 90-21.19, there is a cap of $656,730 (as of 2023). This cap is adjusted for inflation every three years, so the next increase occurs in 2026.
Damages in Wrongful Death Claims
In North Carolina, there is no cap on the amount of compensation recoverable in a wrongful death claim, unless the wrongful death arises out of medical malpractice. Wrongful death claims may include compensation awarded for the victim’s losses as well as losses suffered by the close family.
How Compensatory Damages Are Calculated
Economic damages are based on proof of loss. Medical bills, wage documentation, and other such losses have a very clear value associated with them.
Non-economic damage value is based on a variety of factors, including:
- Expert witness statements that can help to apply pain and suffering compensation in Charlotte based on the suffering a person experienced
- Jury instructions, with noted caps applicable to various types of injuries and losses
- Severity of loss and injury
- Long-term impact of the losses
- The number of injuries sustained
- The length of hospital stay
- The types of treatments required
- Victim testimony
Many factors contribute to the value of pain and suffering in Charlotte, NC. Your attorney will present the value that we believe is fair and represents your suffering. If your case proceeds to trial, the jury will determine this value based on information they receive during the case.
Common Challenges in Charlotte Injury Cases
In any injury claim or lawsuit, we anticipate challenges from the defense. Those challenges often include:
- Disputes over the reasonableness of medical expenses
- Statements that injuries were preexisting or unrelated to the accident
- Lowball estimates for non-economic damages
- Emotional trauma exclusions
- Potential juror skepticism that impacts the value of losses
In all of the examples of non-economic damages shared, there is no set dollar amount that is applicable to every situation. Aside from jury instructions for damages in NC personal injury cases related to caps on some forms of compensation, it is up to the ability of your attorney to demonstrate the impact any injury has on your quality of life, length of life, relationships, or other factors.
How Our Charlotte Personal Injury Attorneys Can Help
At Brown Moore & Associates, PLLC, our personal injury attorneys in Charlotte work closely with victims to fully understand the impact this injury has on their current and future lives. Our experience in handling complex injury cases enables our legal team to be the guiding support you need in these challenging situations.
Most importantly, beyond our experience is our knowledge of the law and previous cases like your own. Cases like yours can help establish the value of non-economic damages quite often. We encourage you to discuss your case openly with our legal team to allow us the best possible opportunity to maximize your claim and losses.
Contact Our Team in Charlotte to Learn More
At Brown Moore & Associates, PLLC, we recognize how challenging all types of personal injuries can be. Money cannot give you back the life you had before, but it can help protect you for your future. To find out how we can help you, fill out our contact form or call (704) 335-1500 now. Request a free consultation with a Charlotte personal injury attorney for additional information.
