What is Personal Injury?
Personal injury is an injury to one’s body, mind, or emotions, as opposed to injury to personal property. A legal claim for relief for personal injury generally arises when the negligence or intentional act of another causes bodily and/or emotional injury, causing the injured person to suffer damages.
A personal injury claim may be filed against the person responsible for causing injury to you. The two main hurdles to overcome in a personal injury case are liability and damages—both must be proven, or your personal injury claim will fail.
Did you know that you may be entitled to compensation for your medical bills, pain and suffering, emotional injury, and even time you missed from work?
Personal injury claims may arise due to car accidents, slip and falls, assault and battery, dog bites and many others. Many personal injury claims settle without even having to go to court, and instead resolve through out of court settlement. However, you need an attorney to negotiate on your behalf to get you the compensation you deserve.
Call the Khan Law Firm today at (336) 905-4705 for a free personal injury case evaluation. We do not take a fee unless you recover!
Car Accidents—What Should I Do?
If you have been in a car accident and injured due to the fault of another, you may be entitled to compensation for your injuries!
At the scene of a car accident, you should ALWAYS do the following:
- Call the police to ensure a police report is made;
- Do NOT move the vehicles right away;
- Exchange personal information with the other driver, including full names, phone numbers, and addresses;
- Exchange insurance information with the other driver;
- Take photographs of both vehicles;
- Take photographs of the scene of the accident;
- Take photographs of any skid marks or other identifying markers showing that the accident occurred;
- Evaluate yourself for injuries and tell the on-scene officer if you’re experiencing any pain or injuries; and
- If your vehicle is not drivable, call a tow truck and document the expense.
After the car accident, you should also do the following:
- Seek medical attention if you are injured;
- If you have health insurance, always present your health insurance card to the medical provider;
- Make a claim with the other driver’s insurance company;
- Do NOT make a statement—you are not obligated to!
- Do NOT discuss the accident with the insurance company; and
- Contact an attorney to discuss your rights.
The insurance company is not on your side. Contact an attorney at the Khan Law Firm today for a free consultation!
Statute of Limitations
A statute of limitations is a statute that acts as a deadline for filing a lawsuit. If you fail to file a lawsuit before the statute of limitation passes, you will be forever barred from filing a lawsuit for that claim.
In North Carolina, the statute of limitations in personal injury cases is 3 years from the date of the incident. That means that you must file a lawsuit within 3 years from the date of the incident in order to preserve your right to litigate your claim.
In Virginia, the statute of limitations in personal injury cases is 2 years from the date of the incident. That means that you must file a lawsuit within 2 years from the date of the incident in order to preserve your right to litigate your claim.
FAILURE TO FILE A LAWSUIT WITHIN THE STATUTE OF LIMITATIONS WILL BE DETRIMENTAL TO YOUR CASE.
In North Carolina and Virginia, there are three main categories of damages in a personal injury case for which you may be entitled to compensation: economic damages, non-economic damages, and punitive damages.
Economic Damages are quantifiable damages to which you can assign an actual number, such as medical bills, lost wages, diminished future earning capacity, and others.
Non-Economic Damages are non-quantifiable damages for which you may be entitled to compensation, which include categories such as pain and suffering, scarring or disfigurement, loss of use of a body part, or permanent disfigurement.
Punitive Damages are damages intended to punish the tortfeasor (person at fault) for intentional and/or reckless conduct—punitive damages are not available in every case and require certain conduct on part of the tortfeasor to be recoverable. In North Carolina, the cap on punitive damages is $250,000.00, while in Virginia, the cap on punitive damages is $350,000.00
An attorney at the Khan Law Firm can assess your case and determine which damages, if any, for which you may be entitled to compensation. Call an attorney at the Khan Law Firm today at (336) 905-4705 for a free case evaluation.