North Carolina Personal Injury Lawyers, Raleigh Attorneys
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North Carolina Personal Injury Lawyers
Ken Hardison, known as the "people's lawyer," has spent the past 24 years building a highly respected practice specializing in injury law.
The North Carolina Personal Injury Lawyers of Hardison & Associates have offices in Raleigh, Durham, Fayetteville, Dunn, Southern Pines, Greensboro, Charlotte and Myrtle Beach. To learn even more about our firm, please see our Squidoo Lens: http://www.squidoo.com/raleigh-injury-lawyer-hardison
Hardison & Associates has an experienced team of personal injury attorneys committed to its North Carolina clients. The NC firm concentrates in the following practice areas:
Contact Our NC Law Firm If you or a loved one have been injured by negligence or in an accident, contact the North Carolina Personal Injury Lawyers of Hardison & Associates today for a free claim evaluation. See Also: Ask Lawyer NC About Personal Injury Claims
Most people who are injured due to the fault of another come from accidents involving cars, trucks, motorcycles, and bikes. However, this can also include injuries arising from falling on someone’s property, animal attacks, slip and fall claims, and generally any other physical injury claim where the injury was due to someone else’s fault.
Personal injury is defined as a wrongful injury to a person or his or her property. Personal injury is a complex umbrella of interrelating laws designed to prevent harm or compensate for harm to a person or property. This harm or injury may be a matter of physical injury, mental injury or financial injury.
Personal injury damages are monetary compensation, which the law awards to one who has been injured by the actions of another. There are two types of damages: compensatory and punitive. Compensatory damages, sometimes known as "actual damages", are intended to compensate the injured party for his actual and proven losses or injury. Punitive damages are compensation in excess of actual damages and are awarded as punishment to a wrongdoer. You may hear of "liquidated damages," (contractually established damages) and "nominal damages" (a court awards a nominal amount such as one dollar). There are many court guidelines establishing what types of damages may be awarded in a given circumstance.
Our North Carolina Personal Injury Lawyers can provide a free initial claim evaluation and advise you of your rights.
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From Wikipedia, the free encyclopedia
A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident. The most common type of personal injury claims are road traffic accidents, accidents at work, highway tripping accidents, assault claims, accidents in the home, and holiday accidents. Indeed, there are a multitude of types of accident and the term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions which are often classified as industrial disease cases. Industrial disease type cases include asbestosis and mesothelioma, chest diseases (e.g. emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititus, and repetitive strain injury cases. Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury compensation. Applicable North Carolina State Law Statutes
§ 1D‑1. Purpose of punitive damages.
Punitive damages may be awarded, in an appropriate case and subject to the provisions of this Chapter, to punish a defendant for egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts. (1995, c. 514, s. 1.)
§ 1D‑5. Definitions.
(1) "Claimant" means a party, including a plaintiff, counterclaimant, cross‑claimant, or third‑party plaintiff, seeking recovery of punitive damages. In a claim for relief in which a party seeks recovery of punitive damages related to injury to another person, damage to the property of another person, death of another person, or other harm to another person, "claimant" includes any party seeking recovery of punitive damages.
(2) "Compensatory damages" includes nominal damages.
(3) "Defendant" means a party, including a counterdefendant, cross‑defendant, or third‑party defendant, from whom a claimant seeks relief with respect to punitive damages.
(4) "Fraud" does not include constructive fraud unless an element of intent is present.
(5) "Malice" means a sense of personal ill will toward the claimant that activated or incited the defendant to perform the act or undertake the conduct that resulted in harm to the claimant.
(6) "Punitive damages" means extracompensatory damages awarded for the purposes set forth in G.S. 1D‑1.
(7) "Willful or wanton conduct" means the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damage, or other harm. "Willful or wanton conduct" means more than gross negligence.
Products Liability § 99B‑1. Definitions.
"Product liability action" includes any action brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, selling, advertising, packaging, or labeling of any product.
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