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What Is a Personal Injury Claim?

On Behalf of Christian Ayers
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A personal injury occurs whenever one party harms another party, causing physical injury and/or economic loss through an act of negligence or illegal misconduct. If you believe you have been harmed by another party’s actions, it can form the foundation of a personal injury claim. A Monroe personal injury attorney can be an invaluable asset to have on your side as you attempt to ensure accountability and compensation for your damages.

Filing a Personal Injury Case in Monroe

You need to identify the party or parties responsible for causing your personal injury before you will be able to recover compensation for your losses. The foundation of every personal injury claim is actual physical or emotional harm or some kind of measurable loss suffered because of another party’s actions. Some of the most commonly cited causes of personal injuries in Monroe include:

  • Motor vehicle accidents. Recovery from these incidents usually begins with insurance claims, but personal injury claims are required when insurance can’t cover all of a victim’s losses or if an at-fault driver does not have insurance.
  • Premises liability. If you visit another person’s property, you have a reasonable expectation that the property will be safe. If you are hurt because a property owner was negligent in the care of their property, you likely have grounds for a personal injury claim under the state’s premises liability laws.
  • Medical malpractice. It’s possible for a personal injury to happen because of medical negligence, forming the basis for a medical malpractice suit. There are special rules for this type of claim, and the victim will require the help of a seasoned attorney to succeed.
  • Workplace accidents. If you are hurt at work, your employer’s workers’ compensation insurance can provide valuable economic relief, covering medical bills and a portion of your missing income during recovery. However, you may have grounds for a personal injury claim if a specific party directly caused the injury.
  • Acts of violence. Unfortunately, violent crime can happen unexpectedly with tragic results. If you sustained injuries from an assault or other criminal act, the defendant faces criminal prosecution from the state while you can pursue a personal injury claim to recover compensation for your damages.

These are just a few possible examples of how personal injuries might happen in North Carolina. Ultimately, any situation in which one party harms another party through negligence or intentional misconduct can form the basis of a personal injury claim.

What is a personal injury claim?

Proving Negligence in a Personal Injury Case

The majority of personal injuries reported in the Monroe area happen because of negligence, or failure to use reasonable care. Proving negligence requires evidence that the defendant owed the plaintiff some duty of care, breached that duty of care in some way, and directly caused the plaintiff’s claimed damages. The plaintiff also needs to prove that their damages directly resulted from the defendant’s actions.

A Monroe personal injury attorney is an invaluable asset for your impending personal injury case. Every case is unique, and every plaintiff faces different challenges in their efforts to recover compensation for their damages, but every plaintiff benefits by having reliable legal counsel on their side. Working quickly to secure legal representation after a personal injury is one of the most effective ways to ensure the fullest possible recovery.


Q: How Long Do I Have to File a Personal Injury Claim in Monroe?

A: You face a two-year statute of limitations or time limit for filing personal injury claims in the state. This time limit starts on the day your injury happened, and if you do not file your case within this timeframe, you will lose your chance to claim compensation from whoever injured you. It’s advisable to speak with a Monroe personal injury attorney as quickly as possible after your injury so they can begin building your claim.

Q: How Do I Claim Future Damages in a Personal Injury Case?

A: Projected future damages owed by a defendant in a personal injury case should be calculated by your Monroe personal injury attorney. The defendant who injured you is responsible for any property damage, medical bills, and lost wages, as well as the projected future losses you are likely to incur. Your claim could enable you to recover compensation for future medical costs and lost earning power, and your personal injury attorney can help calculate these losses.

Q: Will a Defendant Go to Jail for Causing a Personal Injury in Monroe?

A: A defendant could go to jail for causing a personal injury in Monroe. A defendant may face not only liability for the damages they inflicted but also criminal prosecution, depending on how they caused your personal injury. While most personal injuries are the result of negligence or lack of reasonable care, some happen because of illegal misconduct. Your attorney can advise you as to how any variables will impact your recovery efforts and the compensation you obtain.

Q: Will I Win More Compensation if I Hire an Attorney?

A: You are likely to win more compensation if you hire a Monroe personal injury attorney to identify areas of recovery you would have overlooked on your own. They will also know how to accurately calculate your projected future damages and determine suitable pain and suffering compensation to seek from the defendant. Ultimately, you’re more likely to win your case with the maximum case award when you have legal representation on your side.

Q: How Much Does a Monroe Personal Injury Attorney Cost to Hire?

A: A Monroe personal injury attorney will likely cost you nothing unless they win your case. Ayers, Whitlow & Dressler offers contingency fee billing for personal injury cases. This ensures that you pay attorney fees only if they win your case and your legal expenses do not exceed your recovery. We take a percentage of your award if you win, and we take nothing if we can’t secure compensation for you. A contingency fee policy removes the risk of hiring legal counsel.

The attorneys at Ayers, Whitlow & Dressler can help make clearer sense of the legal issues ahead of you, determine your optimal path to recovering your losses, and assist you in securing maximum compensation for the damages you suffered. Contact our team today and schedule your free consultation with a Monroe personal injury attorney to learn more about the legal services we offer.