When you suffer an injury due to someone else's carelessness, the law provides a pathway for you to seek justice and compensation. This process is called a personal injury claim or personal injury lawsuit. In its simplest form, a lawsuit is filed when one person suffers harm because another party was negligent.
For residents in Raleigh, Cary, and Durham, understanding the types of personal injury cases that exist is the first step toward recovery. At Paul Robinson Law, P.L.L.C., we've handled countless claims, and while every accident is unique, they generally fall into a few common categories. Knowing these categories helps you identify the legal theory of your case.
Here is a detailed breakdown of the most common personal injury claims.
Motor vehicle accidents are, without a doubt, the most common personal injury claim we handle. These include accidents involving cars, trucks, motorcycles, and pedestrians. Most often, these cases are founded on a driver's negligence—things like distracted driving, speeding, or driving while impaired. If another driver failed to operate their vehicle with reasonable care and caused you harm, you likely have a viable personal injury case.
When an injury occurs on someone else's property due to an unsafe condition, it generally falls under premises liability. The property owner has a legal duty to maintain a safe environment and warn visitors of known hazards. Slip-and-fall accidents are the most frequent type of premises claim, often caused by wet floors, broken stairs, or poor lighting. Other premises claims include inadequate security leading to assault, or dog bite cases. If you were injured on commercial or private property, the owner's negligence may be the basis for your lawsuit.
When a healthcare provider—a doctor, nurse, surgeon, or hospital—makes a mistake that falls below the accepted standard of care, it is considered medical malpractice. These are among the hardest injuries to prove because they require establishing that the medical professional was negligent and that their negligence directly caused a specific, new injury or made an existing one significantly worse. Examples include surgical errors, misdiagnosis, or birth injuries.
Product liability cases hold manufacturers, distributors, and retailers accountable for injuries caused by a defective product. These lawsuits claim the product was unreasonably dangerous due to one of three types of defects: a flaw in the design, a mistake in the manufacturing process, or a failure to provide adequate warnings (marketing defect).
A wrongful death claim is not technically a personal injury claim, but it arises from one. It occurs when a person dies as a result of another party’s negligence (e.g., a fatal car accident or medical error). The claim is filed by the estate of the deceased seeking compensation for the family's financial losses, emotional trauma, and the decedent’s pain and suffering.
There is no true average payout for personal injury claims in North Carolina. Every case is unique, and compensation depends entirely on the severity of the injury, the evidence of negligence, and the financial losses (damages) incurred. A small soft-tissue injury case will settle for far less than a catastrophic injury case requiring lifetime care. To learn how settlements are valued, see our guide on How Personal Injury Settlements Are Calculated.
Yes, you can claim emotional distress and 'pain and suffering.' These losses fall under non-economic damages. While they are subjective and difficult to quantify, they are recoverable in North Carolina. Proving these damages requires strong evidence that shows how the injury negatively impacts your daily life, mood, relationships, and overall well-being. This is where an experienced lawyer can make a huge difference in maximizing your compensation.
The vast majority of personal injury cases settle out of court. While we always prepare a case as if it will go to trial, over 95% of claims are resolved through negotiation, mediation, or arbitration. A settlement is generally preferred because it provides a guaranteed outcome and avoids the time, expense, and risk of a jury trial.
Winning a personal injury case in North Carolina can be uniquely challenging because of the state’s harsh contributory negligence rule. This rule dictates that if you are found to be even 1% at fault for your own injury, you are barred from recovering any compensation. This strict standard makes securing skilled legal representation essential to aggressively disprove any claim that you shared fault. Learn more in our Guide to Personal Injury Law in North Carolina.
North Carolina law offers specific protections to ensure injured parties aren't misled during settlement talks. For example, when settling a property damage claim after a car crash, N.C. Gen. Stat. § 1-540.2 states that the act of settling the property damage “shall not constitute an admission of liability…nor bar party seeking damages for bodily injury or death.” This means the insurance company can’t trick you into waiving your right to sue for bodily injury just because you got your car fixed.
Whether your case falls under common types of personal injury claims like a car crash or a unique product liability issue, the core principle remains the same: you shouldn't pay for injuries caused by someone else's negligence. Our job at Paul Robinson Law, P.L.L.C. is to accurately categorize your claim, build the necessary evidence, and negotiate fiercely on your behalf.
If you've suffered an injury in Raleigh, Apex, Cary, or anywhere in the Triangle area, don't face the complexity of an insurance adjuster or NC law alone. Contact Paul Robinson Law today for a free consultation to discuss your specific personal injury claims and legal options.
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919-438-0065
105 S Ellington St, Clayton, NC 27520
124 St Marys St Ste 201, Raleigh, NC 27605
800 W Williams St #250 Apex, NC 27502