What Are Personal Injury Damages?
In a North Carolina personal injury case, “damages” refer to the financial compensation awarded to an injured party. The purpose of damages is to restore, as much as possible, the victim to the position they would have been in had the injury never occurred. While money cannot undo the harm, it can ease the financial burden and provide resources for long-term recovery.
Types of Damages Available in North Carolina
North Carolina law recognizes several categories of damages in personal injury cases. These fall into three main types: economic, non-economic, and punitive damages.
Economic Damages
These are the tangible financial losses you suffer as a result of your injury. They include:
- Medical expenses: Hospital bills, surgeries, rehabilitation, prescriptions, and future medical care needs.
- Lost wages: Compensation for income lost while you are unable to work.
- Loss of earning capacity: If your injuries prevent you from returning to the same type of work, you may recover damages for reduced future earnings.
- Property damage: Costs of repairing or replacing vehicles or other damaged property.
Non-Economic Damages
Non-economic damages compensate for the intangible effects of an accident. These are more subjective but often just as significant. They include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of companionship or consortium
Because these damages do not come with receipts or invoices, they require careful documentation and, often, expert testimony to establish their value.
Punitive Damages
Punitive damages are not awarded in every case. Instead, they are meant to punish defendants for particularly egregious or reckless conduct and deter similar behavior in the future. In North Carolina, punitive damages are capped at three times the amount of compensatory damages or $250,000, whichever is greater.
Limits on Damages in North Carolina
North Carolina law does place certain limits on damages. For example, non-economic damages in medical malpractice cases are capped at $656,730 as of 2023, adjusted every three years for inflation. Other personal injury cases do not have non-economic caps, but punitive damages are strictly limited as outlined above. Understanding these caps is important to ensure your claim is realistic and fully compliant with state law. For further detail, you can review the North Carolina General Statutes on damages and civil remedies.
The Role of Contributory Negligence
One of the most important aspects of North Carolina personal injury law is its contributory negligence rule. Under this harsh rule, if you are found even 1 percent at fault for your accident, you may be barred from recovering any damages. Insurance companies often use this to deny claims. An experienced attorney can fight back against unfair blame and protect your right to compensation.
Calculating Personal Injury Damages
Calculating damages is rarely straightforward. Economic damages require detailed documentation, including medical bills, pay stubs, and expert opinions on future care needs. Non-economic damages often require testimony from you, your family, and medical professionals about the ways your life has been altered. At Roane Law, we work with medical and vocational experts to present a complete picture of your losses to insurance companies or, if necessary, a jury.
Wrongful Death Damages in North Carolina
If an accident results in a fatality, the surviving family may pursue a wrongful death claim. Damages in wrongful death cases may include:
- Medical expenses related to the final injury or illness
- Funeral and burial expenses
- Lost income the deceased would have provided
- Loss of companionship, services, and support
These damages are meant to help surviving family members cope with both financial and emotional losses.
Why Legal Representation Is Essential
Because North Carolina follows the contributory negligence rule and imposes strict caps on certain damages, having legal representation is critical. Insurance companies will often argue that you share fault for your injuries or undervalue the impact of your losses. At Roane Law, we understand these tactics and know how to build strong cases that withstand challenges in court.
Conclusion: Protecting Your Right to Compensation
Understanding the types of personal injury damages available in North Carolina is key to pursuing a fair recovery. From medical bills and lost income to pain, suffering, and punitive awards, damages can cover both financial and emotional losses. However, state laws make these claims highly complex, especially with the contributory negligence rule. By working with a skilled Greensboro personal injury attorney, you can ensure your rights are protected and maximize your chance of receiving the compensation you deserve.
About the Lawyer
James M. Roane III, founder of Roane Law, is an experienced trial lawyer dedicated to fighting for injury victims in North Carolina. He has a proven record of helping clients secure meaningful compensation and stands ready to guide you through every step of your personal injury case.