Updated: Oct 6, 2023
Personal Injury Damages – In General
North Carolina State Law
Actual damages are the fair compensation to be awarded to a person for any past, present, or future injury proximately caused by the negligence of another or the wrongful conduct of another.
In determining the amount, if any, that the jury awards the plaintiff, the jury considers all the evidence that was heard as to each of the following types of damages:
Medical expenses.
Loss of earnings.
Pain and suffering.
Scars or disfigurement.
Loss of part of the body.
Partial loss of part of the body.
Partial loss of use of part of the body.
Permanent injury.
Any other type of damage supported by the evidence.
Other types of damages and monetary recoveries may be available depending upon the type of case, the facts of the case, and the law regarding the case. The above damages are a general statement of the types of damages that may be available if supported by competent evidence. In any event, the total of all damages are to be awarded in one lump sum.
One point to remember is that, upon motion of any party in an action in tort wherein the plaintiff seeks damages exceeding one hundred fifty thousand dollars ($150,000), the court shall order separate trials for the issue of liability and the issue of damages, unless the court for good cause shown orders a single trial. Evidence relating solely to compensatory damages shall not be admissible until the trier of fact has determined that the defendant is liable. The same trier of fact (jury or judge) that tries the issues relating to liability shall try the issues relating to damages.
It is important to remember that time is always important in legal matters and that the failure to take action within the time allowed may forever bar your claim. For this reason, seek the advice of counsel right away. These time limits are called “statutes of limitation” and they function to limit the amount of time that a claim can be brought for a particular type of claim. Certain things can “toll” these statutes, meaning that they can temporarily stop the running of the statute of limitation to bar the claim, while other things can have no effect on the running of the statute.
These are very complex issues that are best analyzed by skilled legal counsel. What is important is that, if you have a situation you believe may be “actionable” (may give rise to a lawsuit), then you should seek the advice of an attorney without delay.
Call the Byers Law Office today.
Rev. 10/04/23.