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Victor C. Mitchener, Attorney

Joseph H. Downer, Attorney

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What compensation can you seek in a premises liability case?

On Behalf of | Feb 22, 2024 | Premises Liability

If you’ve been injured on someone else’s property in North Carolina, you might think that you’re on your own when it comes to treating your injuries. However, you can seek compensation through a premises liability claim under state law.

Understanding the types of damages you can seek is crucial to ensuring you’re fully compensated for your losses.

Medical costs

The most immediate concern is usually the cost of medical treatment. The compensation from a premises liability case can pay for healthcare services, emergency room visits and even ongoing physical therapy. These costs are typically verifiable through bills and receipts, making them straightforward to claim.

Lost wages

If your injury has kept you from working, you can claim compensation for lost wages. This includes the income you’ve missed out on and, in some cases, the loss of future earning capacity if your injury leads to long-term disability. You can use employment records and professional testimony to prove your losses.

Pain and suffering

Pain and suffering compensation is more subjective but no less important. It addresses the physical and emotional distress caused by your injury. While harder to quantify, the severity of the injury and its impact on your lifestyle play a significant role in determining this amount.

Punitive damages

In cases of gross negligence, a court may award you punitive damages. Punitive damages aren’t related to your losses. Instead, they’re meant to punish the negligent party and deter similar behavior. North Carolina law caps punitive damages at three times the amount of compensatory damages or $250,000, whichever is greater.

Taking note of comparative fault

It’s important to remember that North Carolina follows the contributory negligence rule. This means that plaintiffs can’t recover compensation for their injuries if they’re even slightly at fault for their injuries. Exceptions may exist, however. If you think you have a premises liability case on your hands but are unsure about your level of fault, a legal professional may be able to advise you.