In a North Carolina personal injury case, you may be able to recover several types of damages designed to make you “whole” after an accident. These include economic damages such as medical bills, lost wages, future medical care, rehabilitation costs, and property damage. You can also pursue non-economic damages, which cover pain and suffering, emotional distress, permanent disability, scarring, and loss of enjoyment of life. In certain situations—like being hit by a drunk driver—you may also be eligible for punitive damages, which punish especially reckless behavior.
When it comes to who pays for these damages, most personal injury settlements or verdicts in North Carolina are paid by insurance companies, not the individuals involved. For car accidents, the at-fault driver’s auto liability insurance typically pays; for dog bites or slip-and-falls, homeowners or commercial liability insurance may cover the claim. In some cases, your own insurance may step in through Medical Payments coverage, uninsured motorist (UM), or underinsured motorist (UIM) coverage. Ultimately, the source of payment depends on the type of accident and the insurance policies in place—but the process almost always involves payment from the insurer rather than directly with the person who caused your injuries.
Sometimes the insurance company refuses to pay. For example, in a car accident case, the at-fault driver’s insurance or the at-fault driver often deny the wreck caused any injury, or there is a dispute about the value of the injuries. These disputes sometimes lead to a trial in front of a jury. If a case goes to trial, no money has been paid to the injured party by the at-fault driver or for the insurer for the at-fault driver’s car. Once moneys are paid, then the person seeking damages (“Plaintiff”) signs a Release which prevents a lawsuit from being filed or prevents continuing forward to trial if a lawsuit has already been filed.
