WHO’S RESPONSIBLE FOR PAYING AN INJURY CLAIM?
A person who is hurt by an inattentive or careless driver is entitled under the laws of North Carolina to receive monetary damages.

Most people think that it’s the insurance company that’s legally responsible for paying an injured party, but that’s not really true. It is the careless driver who is liable for the damages he or she caused, not the insurance company. However, drivers are required to have liability insurance to cover them for the injuries they cause, up to the limits of the policy.

Of course, sometimes a careless driver has no insurance, or not enough insurance. In those instances, other insurance coverage, such as "UNINSURED MOTORIST COVERAGE" or "UNDERINSURED MOTORIST COVERAGE" may cover the damages caused by an unsafe driver. There are complicated legal issues involved in finding and maximizing available insurance coverage, so you may want to seek legal counsel to answer specific questions.

WHAT DAMAGES ARE INCLUDED IN A "PERSONAL INJURY" CLAIM?
Although only a qualified attorney familiar with the facts of your case can give you more specific information, generally North Carolina law provides fair compensation for medical expenses, loss of earnings, pain and suffering, scars or disfigurement, partial or whole loss of use of part of the body, and permanent injury.

Although "special damages" such as medical expenses and loss of earnings can be reasonably calculated, other damages like "pain and suffering" and "permanent injury" are obviously not subject to a mathematical or scientific formula. Nonetheless, the law clearly provides a recovery for those "general" damages, and any insurance company representing the "at-fault" driver should take such damages into account.

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Medical Expenses:
Reimbursement for medical expenses should include all hospital, doctor, drug and other bills "reasonably paid or incurred" (in the past or future) by the injured person and caused by the wreck. Insurance companies will sometime fight injured persons about whether an expense was "reasonable". Again, an experienced attorney may be able to help you with explaining and proving your claim.

Keep in mind that under the law a treatment does not necessarily need to be successful to make the expense recoverable. Also, additional medical expenses caused by the medical mistakes of emergency room workers or treating physicians may also be recoverable. You are also entitled to recover medical expenses, even if your expenses are paid by your own health insurance, or some other "collateral source." The law does not reduce the recovery of an injured person who has paid (or whose employer has paid) health insurance premiums. Likewise, it doesn't reward bad drivers who injure folks who happen to have health coverage.

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Loss of Earnings:
You are entitled to fair compensation for the past, present, and future loss of your time from employment, or inability to perform ordinary labor, or reduced capacity to earn money, that was caused by the injuries you received in the wreck. The fact that a person was not working at the time of his injury, or had not yet begun to work at the time he was injured, does not, in and of itself, prevent a person from recovering fair compensation for loss of future earning capacity. Loss of earnings caused by a delay in treatment, or by unsuccessful treatment may also be recoverable.

In determining the amount of fair compensation for lost earnings, such things as the injured person's age and occupation, nature and extent of employment, value of services, amount of income at the time of injury, the effect of any disability or disfigurement on earning capacity, a loss of profits from a business or profession, or the loss of capacity to earn money can all be considered.

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Pain and Suffering:
Under the laws of North Carolina, damages for personal injury also include "fair compensation" for the actual past, present and future "physical pain and mental suffering" experienced as a result of a wreck caused by someone else's careless driving. There is no "fixed formula" for placing a value on physical pain and mental suffering. If your claim is tried in North Carolina courts, the jurors hearing the evidence will be instructed by the judge that "You will determine what is fair compensation by applying logic and common sense..."

Further, the North Carolina Supreme Court has indicated that a "verdict allowing the exact amount of medical expenses, but awarding nothing for pain and suffering where (it) was properly made and clearly proven, is invalid and cannot stand."

Often, the assistance of good legal counsel can be especially helpful in determining an appropriate value for "pain and suffering." Contact us if you would like an attorney to review the facts of your particular case.

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Scars or Disfigurement:
Damages for personal injury can also include fair compensation for scars or disfigurement experienced by an injured person and caused by the wreck. Obviously, there is no fixed formula for determining such damages, but such things as the extent of any past or future alteration of the injured person's physical appearance, or the extent of any embarrassment or other mental suffering can be taken into account.

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Loss of Use of Part of the Body:
Damages may also include fair compensation for a partial loss of use of an arm, leg, hand or other part of your body, which results from the injuries sustained in the wreck. Determination of what is "fair compensation" under the law is done "by applying logic and common sense to the evidence." Consideration may be given to the extent of any disability or handicap caused by the wreck, as well as any inconvenience or hardship.

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Permanent Injury:
If an injury is permanent (when any of its effects are likely to continue throughout the plaintiff's life), damages should be provided, based upon the severity of such injury, and the injured person’s life expectancy.

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Again, these are general observations. An experienced and qualified attorney can help you evaluate the strengths (and weaknesses) of your particular injury claim. For information about submitting information for an attorney to review, click here.