As a law firm that primarily handles personal injury cases, we understand how overwhelming and stressful it can be to navigate the legal process following an injury. When you’re injured due to the negligence of a business in North Carolina, it’s essential to know your rights and the steps you should take to protect yourself. In this comprehensive guide, we’ll discuss various types of personal injury claims against businesses, how to prove liability, the role of a personal injury attorney, and more. Our goal is to provide you with the information you need to make informed decisions and to reassure you that help is available.
Types of Personal Injury Claims Against Businesses
Personal injury claims against businesses can arise in various situations. Some of the most common types of claims include:
Slip and Fall Accidents
Slip and fall accidents can occur when a business fails to maintain a safe environment for its customers or visitors. Examples include wet floors without proper warning signs, uneven flooring, or poorly lit areas. These can be difficult claims, but with proper documentation they are worth pursuing.
Product Liability
When a business manufactures or sells a defective product that causes harm to a consumer, they may be held liable for damages. Product liability claims can involve faulty design, manufacturing defects, or inadequate safety warnings and instructions.
Negligent Security
Businesses are responsible for providing a safe environment for their patrons. If a business fails to implement adequate security measures, resulting in injury or harm due to a criminal act, they may be held liable for negligent security.
Workplace Accidents
Businesses are required to maintain a safe work environment for their employees. If an employee is injured due to unsafe working conditions, inadequate training, or improper supervision, the employer may be held responsible for damages.
Motor Vehicle Accidents Involving Company Vehicles
When an employee is involved in a motor vehicle accident while driving a company vehicle, the business may be held liable for any injuries sustained by the employee or other parties involved in the accident. The vehicle does not necessarily have to be owned by the company for the company to be on the hook, so long as the driver was on the job at the time of the accident, there will likely be exposure for the company.
Proving Liability in a Personal Injury Claim
To successfully pursue a personal injury claim against a business, you must establish the following elements:
Duty of Care
First, you must show that the business owed you a duty of care. This means that the business had a legal obligation to ensure your safety while on their premises or while using their products or services.
Breach of Duty
Next, you must demonstrate that the business breached its duty of care. A breach occurs when the business fails to take reasonable steps to ensure your safety.
Causation
You must also prove that the business’s breach of duty directly caused your injury. This means that if the business had acted responsibly, your injury would not have occurred.
Damages
Finally, you must establish that you suffered damages as a result of the business’s negligence. Damages may include medical expenses, lost wages, pain and suffering, and more.
Gathering Evidence for Your Claim
To build a strong personal injury case against a business, it’s crucial to gather evidence that supports your claim. Some types of evidence you should consider collecting include:
Photographs and Video Footage
Take photos and videos of the scene where your injury occurred, including any hazards or unsafe conditions that contributed to your accident. If possible, obtain security camera footage from the business that captured the incident.
Witness Statements
Speak to any witnesses who saw the accident happen and collect their contact information. Their statements can provide valuable insight into the events leading up to your injury and help establish the business’s negligence.
Medical Records
Keep detailed records of all medical treatments you receive as a result of your injury. This includes doctor’s notes, medical bills, and any prescriptions or therapies you’re prescribed.
Incident Reports and Internal Documents
Request any incident reports or internal documents the business may have generated regarding your injury. These documents can provide important information about the business’s knowledge of the hazardous conditions and their efforts (or lack thereof) to remedy them.
The Role of a Personal Injury Attorney
A skilled personal injury attorney can be an invaluable resource as you pursue a claim against a business. They can assist you by:
Evaluating Your Case
An attorney can assess the strength of your claim, determine potential compensation, and identify any legal issues that may arise during the process.
Negotiating with Insurance Companies
Insurance companies often try to settle personal injury claims quickly and for as little money as possible. An attorney can negotiate on your behalf to ensure you receive fair compensation for your injuries.
Representing You in Court
If your case goes to trial, a personal injury attorney can represent you in court, presenting your case in a clear and persuasive manner.
Ensuring You Receive Fair Compensation
Your attorney will work to ensure that you receive the compensation you deserve, which may include medical expenses, lost wages, pain and suffering, and other damages.
Steps to Take Following an Injury at a Business
If you’ve been injured at a business, it’s crucial to take the following steps to protect your rights:
Seek Immediate Medical Attention
Even if your injuries seem minor, it’s essential to seek medical attention as soon as possible. This not only ensures you receive proper treatment but also helps document the extent of your injuries.
Document the Incident
Take photos or videos of the scene, gather witness statements, and write down any relevant details about the accident.
Report the Injury to the Business
Notify the business of your injury and request that they file an incident report. Be sure to obtain a copy for your records.
Consult with a Personal Injury Attorney
Discuss your case with an experienced personal injury attorney to determine the best course of action and ensure your rights are protected.
Statute of Limitations for Personal Injury Claims
Each state has its own statute of limitations for personal injury claims, which dictates the time frame within which you must file a lawsuit. In most cases, the clock starts ticking on the date of the injury. It’s crucial to consult with a personal injury attorney to ensure you don’t miss the deadline for filing your claim.
Potential Compensation for Personal Injury Claims
If your personal injury claim against a business is successful, you may be eligible for various types of compensation, including:
Medical Expenses
Reimbursement for medical treatment related to your injury, including doctor visits, hospital stays, surgeries, and physical therapy.
Lost Wages
Compensation for any wages you lost as a result of your injury, including time missed from work or reduced earning capacity due to ongoing medical issues.
Pain and Suffering
Compensation for the physical pain and emotional suffering you’ve experienced as a result of your injury.
Emotional Distress
Compensation for the emotional trauma and psychological impact of your injury, such as anxiety, depression, or post-traumatic stress disorder.
Loss of Consortium
If your injury has negatively impacted your relationship with your spouse or partner, you may be eligible for compensation for loss of consortium, which covers the loss of companionship, affection, and support.
Frequently Asked Questions
Can I file a personal injury claim against a business if I was partially at fault for my injury?
North Carolina still has an archaic system called contributory negligence, which will likely bar you from successfully pursuing your claim. Contributory negligence means that if you are at all at fault, you can’t make any recovery. However, there are some ways to get around this unfair law, so do not hesitate to talk to a lawyer, even if you think it might have been partially your fault.
What if the business is a small, family-owned establishment? Can I still file a claim against them?
Yes, you can still file a personal injury claim against a small, family-owned business if they were negligent and their negligence caused your injury. The size of the business does not exempt them from their duty of care to customers, employees, or visitors.
How long does it take to resolve a personal injury claim against a business?
The time it takes to resolve a personal injury claim against a business can vary widely, depending on factors such as the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Some cases may settle within a few months, while others may take years to resolve.
Can I handle a personal injury claim against a business without an attorney?
While you have the right to represent yourself in a personal injury claim, it’s strongly recommended to consult with an experienced personal injury attorney. Personal injury cases can be complex and challenging to navigate, especially when dealing with businesses and their insurance companies. An attorney can help ensure your rights are protected and that you receive the compensation you deserve.
How much does it cost to hire a personal injury attorney?
Many personal injury attorneys work on a contingency fee basis, which means they only receive payment if they successfully recover compensation on your behalf. In such cases, the attorney’s fee is typically a percentage of the total compensation awarded. It’s important to discuss the fee structure with your attorney before hiring them to represent you.
Conclusion
Dealing with a personal injury claim against a business can be a complex and emotionally challenging process. It’s important to act promptly and seek legal guidance to ensure you receive the compensation you deserve. We hope this comprehensive guide has provided you with valuable information and reassurance, knowing that help is available to navigate the intricacies of personal injury claims against businesses.
