What Are Personal Injury Damages?
In a North Carolina personal injury case, “damages” refer to the money awarded to compensate you for your losses after an accident. These damages are designed to make you “whole” again—to restore your physical, emotional, and financial well-being as much as possible. Damages fall into two main categories: economic and non-economic.
Economic Damages
Economic damages are measurable financial losses. They include things you can prove with receipts, bills, or records. Examples include:
- Medical expenses: hospital bills, surgeries, medications, and rehabilitation.
- Lost wages: income lost while you recover, including future earnings if your injury prevents you from returning to work.
- Property damage: costs to repair or replace your vehicle or personal items damaged in the accident.
- Out-of-pocket costs: expenses like transportation to medical appointments or in-home care.
Non-Economic Damages
Non-economic damages are harder to quantify but no less important. They address the human cost of an injury, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
- Loss of companionship or consortium
In severe cases, such as catastrophic injuries or wrongful death, these damages can be substantial. If you’ve lost a loved one due to negligence, visit our wrongful death attorney page to learn more about your legal options.
How North Carolina’s Contributory Negligence Rule Affects Damages
One of the most important things to understand about North Carolina personal injury law is its contributory negligence rule. Under this rule, if you are found even one percent at fault for the accident, you are barred from recovering any damages. This rule makes North Carolina one of the strictest states in the country for injury victims.
For example, if you were hit by a distracted driver but were speeding slightly, a jury could find you partially responsible—and you may receive nothing. This is why working with an experienced attorney like Roane Law is crucial. We know how to gather evidence, work with experts, and build strong arguments to minimize fault and protect your right to compensation.
Common Types of Personal Injury Cases in North Carolina
Damages can be pursued in many kinds of personal injury cases. Common examples include:
- Car, truck, and motorcycle accidents
- Slip and fall injuries
- Dog bites and animal attacks (learn more here)
- Medical malpractice
- Wrongful death
Each case has its own legal nuances and damage considerations. For instance, medical malpractice cases have different caps on non-economic damages compared to auto accidents. Understanding these details is key to maximizing your recovery.
Are There Caps on Damages in North Carolina?
Yes, but only in limited situations. North Carolina law places a cap on non-economic damages in medical malpractice cases. As of 2023, the limit is approximately $656,730, adjusted annually for inflation. However, there is no cap on economic damages such as lost wages or medical bills.
For most other personal injury cases—like car accidents or dog bites—there are no statutory limits on non-economic damages. This means that if you suffer lifelong pain or disfigurement, your attorney can pursue full compensation based on the impact on your life.
You can read more about state-specific damage laws on the North Carolina General Assembly website, which provides access to current statutes and updates to personal injury legislation.
How Damages Are Proven in a North Carolina Personal Injury Claim
Proving damages requires evidence and strategic documentation. Insurance companies often try to minimize claims, so you’ll need to clearly show how the accident impacted your finances and quality of life. Evidence may include:
- Medical records and expert testimony
- Pay stubs and tax returns showing lost wages
- Photographs of injuries or property damage
- Witness statements
- Journals documenting pain, emotional distress, or lifestyle changes
According to the National Highway Traffic Safety Administration (NHTSA), accident-related injuries cost Americans hundreds of billions of dollars annually in medical expenses and lost productivity. This underscores the importance of properly valuing all aspects of a claim.
Punitive Damages in North Carolina
While most personal injury damages are compensatory, North Carolina also allows for punitive damages in limited circumstances. Punitive damages are meant to punish particularly reckless or malicious behavior and deter future misconduct. For example, if a drunk driver with multiple prior offenses causes a crash, a court may award punitive damages.
North Carolina caps punitive damages at three times the amount of compensatory damages or $250,000, whichever is greater. This information can be found through the North Carolina Department of Justice, which provides additional resources on consumer and civil laws across the state.
Calculating Your Potential Compensation
Every case is different, but generally, compensation is based on the severity of your injuries and how they affect your life. A victim with minor whiplash may receive less than someone with a permanent spinal injury or brain trauma. Factors that often influence compensation include:
- The extent and permanence of your injuries
- Your ability to work and earn income
- Ongoing medical care or therapy needs
- Emotional and psychological trauma
- Whether the at-fault party’s conduct was reckless or intentional
At Roane Law, we carefully assess all these factors to ensure that clients don’t settle for less than they deserve. We work with medical experts, vocational specialists, and economists to accurately calculate both current and future losses.
How Long Do You Have to File a Personal Injury Claim in North Carolina?
North Carolina has a three-year statute of limitations for most personal injury claims. This means you must file your lawsuit within three years from the date of the accident. Failing to do so could permanently bar your right to compensation.
For wrongful death cases, the deadline is shorter—just two years from the date of death. Because evidence can disappear and witnesses’ memories can fade, it’s always best to speak with an attorney as soon as possible.
Why Choose Roane Law
At Roane Law, our attorneys are dedicated to standing up for North Carolina injury victims. We understand how insurance companies operate and know the tactics they use to minimize payouts. With years of experience handling complex personal injury cases across Greensboro and surrounding areas, we fight for maximum compensation and justice for every client.
Whether you’re recovering from a car accident, dog bite, or the loss of a loved one, our team is here to help. We offer free consultations and handle most personal injury cases on a contingency basis, meaning you pay nothing unless we win.
Contact Roane Law Today
If you’ve been injured in North Carolina, you don’t have to face the legal system alone. Understanding personal injury damages is only the first step—taking action with the right attorney can make all the difference. Contact Roane Law today to discuss your case and learn your best path forward.