Legal Help Backed By Decades Of Experience We'll Come to You

Photo of Victor C. Mitchener and Joseph H. Downer
"Photo of Victor C. Mitchener and Joseph H. Downer"

Victor C. Mitchener, Attorney

Joseph H. Downer, Attorney

  1. Home
  2.  – 
  3. Motor Vehicle Accidents
  4.  – Can I claim intangible damages in a North Carolina car crash?

Can I claim intangible damages in a North Carolina car crash?

On Behalf of | Aug 24, 2023 | Motor Vehicle Accidents

Motor vehicle accidents cause not only physical injuries but also emotional distress for affected parties. North Carolina courts acknowledge this and allow vehicle crash victims to claim both monetary and intangible damages.

Unfortunately, some car crash victims fail to maximize their personal injury claims, especially when they sign settlement agreements without exploring their options. Consequently, this leaves them with less compensation than what the law entitles them to.

Your emotions are valid and can get you compensation

Though it still depends on the unique circumstances and evidence available in each case, it is possible for car collision victims to recover compensation for intangible damages, such as pain and suffering. While there are no guarantees, having solid evidence to substantiate one’s emotional distress can increase the chances of claiming damages for it.

Calculating pain and emotions

Technically, there is no way to accurately confirm the monetary equivalent of a victim’s pain and suffering. Instead, the courts, usually with a jury, will decide on a fair and reasonable amount for the victim’s pain and suffering based on their common sense. They will consider several factors, such as the psychological and emotional impact of the injury to the victim.

Can anything prevent you from claiming intangible damages?

Fortunately, North Carolina does not place a limit on the claimable amount for intangible damages in motor vehicle accident injury claims. However, the state is a contributory negligence state, which means that if a claiming party was partially at fault, even in the slightest, the state would prohibit them from recovering intangible damages.

Car crash vicitims often must face unanswered questions and overwhelming doubts, making it difficult for them to focus on their treatment and recovery. Having a reliable legal team to address concerns can help save a victim from additional emotional distress.