Factors That Can Affect the Value of a Personal Injury Claim

One of the most common questions our North Carolina personal injury defense attorneys receive is “how much could I be liable for in a personal injury suit?” The answer, as with most legal questions, is “it depends.” Generally, the more severe the injuries, the greater the potential settlement. However, there are many other other legal factors that can also play a role in determining a defendant’s liability in personal injury litigation. A few of the major factors are: 

The Liability of the Parties 

Liability refers to the legal obligation of one party to another party. In personal injury law, a defendant may be found liable for damages to a plaintiff if the plaintiff can show that the defendant breached a duty and the duty caused injuries. But both plaintiffs and defendants can be liable for injuries. In most states, a defendant can be found liable to a plaintiff so long as they were at least 51% at fault for the plaintiff’s injuries, but that is not the law in North Carolina. North Carolina is a “contributory negligence” jurisdiction, meaning that plaintiffs are barred from recovery if they were even slightly at fault for the events that gave rise to their injuries. So while a defendant in North Carolina may be found to be at fault for the plaintiff’s’ injuries, they are not liable so long as the plaintiff was also at fault. 

The Availability of Affirmative Defenses 

Plaintiffs bear the burden of proof in personal injury suits, which requires them to show by a preponderance of the evidence that the defendant is liable for their injuries. In other words, they must show that it is more likely than not that the defendant what they are being accused of. One strategy for defendants is simply to cast doubt on the plaintiff’s evidence in an attempt to prevent them from meeting that burden. Another strategy is to invoke an affirmative defense, which can completely or partially excuse the defendant from liability even if the plaintiff’s allegations are true. 

Common affirmative defenses in personal injury cases include: 

• The plaintiff consented to the injury or the events that caused the injury (often used in intentional tort cases) 
• The plaintiff assumed the risk of the injury by voluntarily engaging in the activities that led to it 
• The plaintiff failed to mitigate their damages, as they are legally required to do 
• The plaintiff signed a liability waiver that exculpates the defendant 
• The plaintiff was wholly or partially at fault for their own injuries (i.e., contributorily negligent) 
• There was an intervening or superseding event that broke the chain of causation between the defendant’s actions and the plaintiff’s injuries 
• Another party is responsible for the plaintiff’s injuries

Some of these defenses are easier to assert than others. For more information about asserting affirmative defenses in personal injury cases, please contact a North Carolina personal injury defense attorney. 

The Nature and Severity of the Injuries 

It goes without saying that the nature and severity of the plaintiff’s injuries will play a large role in the value of their claim. Minor injuries (like a broken arm) are worth less than major injuries (like a broken back). Catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, and birth injuries, typically are the most expensive, as they often require major medical treatment and extensive recovery periods. 

The Strength of the Evidence

The stronger the plaintiff’s evidence, the more their claim is likely to be worth. This includes not only medical evidence, but evidence related to the events giving rise to the litigation, including photographs, videos, police reports, witness statements, and expert opinions. 

The Damages Sought

Personal injury plaintiffs typically seek one or more of the following categories of damages: 

• Medical expenses: The value of medical expenses depends on the nature and severity of the injury, but can include diagnostics, surgery, pharmaceuticals, rehabilitation, and medical devices (e.g., wheelchairs). 
• Lost wages and income: Lost wages are a major category of personal injury damages, and they typically increase with the severity of the plaintiff’s injuries. The longer it takes the plaintiff to return to work after their injury, the greater their lost wage damages will be.  
• Non-economic damages: Non-economic damages compensate the victim for non-monetary losses, such as pain and suffering, physical disfigurement, loss of consortium, and loss of enjoyment of life. The greater the impact the injury has on the plaintiff’s life, the greater their non-economic damages are likely to be.  
• Punitive damages: Punitive damages are designed to punish the defendant rather than to compensate the victim, and are reserved only for cases in which the defendant’s conduct was willful or wonton. While punitive damages are less common than compensatory damages, juries may award them if the defendant’s conduct was particularly reprehensible. 

While most plaintiffs’ damages demand are initially high, our North Carolina personal injury defense attorneys have an extensive track record of successfully whittling them down to more reasonable amounts.    

Damages Caps 

Many states have enacted statutory limits on damages in personal injury actions. In North Carolina, § 90-21.19 of the North Carolina General Statutes limits non-economic damages in medical malpractice cases to $500,000, which is adjusted for inflation every three years. (As of the date of publication, the cap is $656,730.) That damages cap does not apply if (1) the plaintiff suffered disfigurement, loss of use of part of the body, permanent injury, or death, or (2) the defendant’s acts or omissions were committed with reckless disregard of the rights of others, grossly negligent, fraudulent, intentional, or with malice. Section 1D-25 limits punitive damages to $250,000 or three times the amount of compensatory damages, whichever is higher. 

Limit Your Liability for Damages With Help From a North Carolina Personal Injury Defense Attorney

If you’ve been sued for personal injury, the best way to avoid paying the plaintiff’s “sticker price” is to seek the counsel of an experienced attorney. To get started, please contact a North Carolina personal injury defense attorney at Harris, Creech, Ward & Blackerby by calling 252-638-6666 or using our online contact form.