Whether in a minor accident or a severe head-on collision, determining who is at fault for the accident and how much to compensate the injured person are difficult. Relief for injuries usually refers to monetary compensation, also called "damages," which are generally broken down to economic and non-economic compensation. Like other states, North Carolina has its own laws that determine the amount of damages you can recover. Please read on to learn about the key North Carolina laws that could substantially affect your accident case.
North Carolina Car Insurance Requirement
North Carolina requires its drivers to carry a minimum car insurance policy on any vehicle they own or operate. This law allows individual liability coverage to pay for bodily injury and property damage when you become responsible for a car accident. The minimum coverage requirements in North Carolina are as follows:
For details, contact your insurance company to check what is covered under your policy.
Damages Caps in North Carolina
Damages caps refer to limits on the amounts of damages you can recover from your opponent at trial. Non-economic damages, including pain and suffering and emotional distress, are usually capped in most states. In North Carolina, damages caps apply to medical malpractice cases and punitive damages only.
Medical malpractice cases
- Non-economic damages (e.g., pain and suffering) $500,000
All other types of injury cases
- No damages cap
- $250,000 or three times the amount of compensatory damages [Section 1D-25]
Note: State laws are always subject to change at any time, usually through the enactment of newly passed legislation but sometimes through higher court decisions and other means. You may want to contact a North Carolina personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.
"Contributory Negligence" in North Carolina
There are three different standards in measuring the amount of damages you can recover: contributory negligence, pure comparative negligence, and modified comparative negligence standards. While the majority of the states follow the comparative negligence standards, North Carolina applies the contributory negligence rule in a civil case. Under the contributory negligence rule, you are completely barred from recovering any damages if you were partially at fault for the accident.
For example, let's say that at trial, the jury determines you were only 5 percent at fault and the other driver was 95 percent at fault. In this case, you wouldn't be able to recover any damages, no matter what types of injuries you sustained.
Get Help from an Experienced Attorney
Have you been seriously injured in a car accident? Or maybe you were found partially at fault for a car accident? Are you unsure what to do next? Get a claim evaluation from an experienced car accident attorney in North Carolina to learn more about your legal options and the types of car accident compensation that may be available to you.
Contact a qualified attorney.