Economic Damages, Also Known as Special Damages, in North Carolina
Economic damages, also referred to as special damages, are a core component of a personal injury case in North Carolina. These are objectively verifiable monetary losses associated with an injury caused by another person or entity’s negligence (or sometimes intentional act). To succeed in a personal injury case, the victim must typically prove economic damages before securing a settlement or court award.
At RHD Legal, our personal injury lawyer in Raleigh works tirelessly to prove and recover economic damages for our clients. Contact us at 919-246-4001 to schedule a Free Consultation today.
What Constitutes Economic Damages in North Carolina?
Economic damages are a type of compensation intended to cover the costs of the following expenses:
- Past and future medical expenses, including:
- Emergency visits
- Follow-up appointments
- Physical therapy
- Occupational therapy
- Speech or cognitive therapy
- Dental and vision care
- Surgeries
- Long-term care
- Lost wages, past and future
- Loss of earning capacity
- Loss of employment or business opportunities
- Loss of use of property
- Costs to repair or replace property
- Economic value of domestic services
- Transportation costs
- Funeral costs, if the injured party dies
Not all of these examples will apply in every case, but when they do, you’ll need to support your claim with verifiable proof.
How Are Economic Damages Proven in North Carolina?
To prove economic damages, you must demonstrate two things: that the injury was caused by the negligence of another party, and the extent of the economic damages you’ve sustained.
Proving Causation
To establish that someone else’s actions or omissions caused your injury, consider whether the at-fault party owed you a duty of care. If there was no duty, there are no compensable damages.
Examples of evidence to prove causation include:
- Video footage
- Photographs
- Documentation
- Eyewitness statements
- Police reports
- Expert opinions
- Accident reconstruction reports
- Medical records
These types of evidence can help build a strong case showing that one party’s negligence directly caused your injury.
Proving Economic Damages
After establishing causation, you need to prove the nature and extent of your economic damages. For less severe injuries, this might involve proving past wage loss, current medical bills, and similar expenses. For more serious or long-term injuries, you’ll need to consider future lost wages, loss of earning capacity, future medical bills, and more. Proving these damages often requires expert analysis and testimony.
Types of evidence to prove economic damages include:
- Receipts
- Bills
- Medical records and other documentation
- Invoices (e.g., for car repairs)
- Fair market value estimates
- Expert analysis and testimony
- Eyewitness statements
It’s crucial to gather and present solid proof to demonstrate the monetary value of all the economic damages you or your loved one claim in your lawsuit.
How Are Economic Damages Calculated in North Carolina?
Once you’ve proven that the injury was caused by another party’s negligence, calculating economic damages is straightforward. Add up all verifiable expenses, including property damage repairs, medical bills, transportation or domestic help costs, and more.
The calculation becomes more complex when future losses are involved. Expert testimony from economic analysts and medical professionals may be necessary to estimate potential future losses, which will then be added to your past and current losses.
Can Economic Damages Be Challenged in North Carolina?
Yes, economic damages can be challenged. North Carolina follows the contributory negligence rule, which bars a claimant from recovering any damages if they are found to be even 1% at fault for their injury. This harsh rule is often used by insurance companies and other defendants to deny or reduce the amount of compensation a victim can receive.
Why You Need a Personal Injury Lawyer to Recover Economic Damages in Raleigh
You’re not required to hire a lawyer to seek compensation for economic damages, but doing so can be crucial. Insurance companies and at-fault parties typically have far more resources than you do, putting them in a stronger negotiating position. They may use this advantage to intimidate you or manipulate the facts to reduce their liability.
If your injuries are minor, you might be able to handle the process on your own. However, if you’ve suffered serious injuries or property damage, the stakes are much higher. Retaining a personal injury lawyer levels the playing field and increases your chances of securing fair compensation.
Consider the following when deciding whether to hire a lawyer:
- Are you comfortable negotiating with experienced, aggressive lawyers and insurance adjusters?
- Can you thoroughly research the law, settlement process, and lawsuit process?
- Are you certain you know who all the potential at-fault parties are?
- Are you confident you won’t miss any deadlines that could end your chances of recovering compensation?
- Have you received or been offered the maximum compensation possible?
Remember, your injuries might be more severe than you initially thought, and once you agree to a settlement, you can’t go back and renegotiate. It’s always a good idea to at least consult with a personal injury lawyer to confirm your best legal options.
Contact a Personal Injury Lawyer in North Carolina Today
Healing from an injury while dealing with an insurance company or another liable party is never easy. At RHD Legal, our personal injury lawyers will take some of the burdens off your shoulders by helping you determine the value of your economic damages and proving them effectively.
Contact our office today at 919-246-4001 or fill out our online form to schedule a Free Consultation. We’ll help you understand what’s at stake, what damages you’re eligible for, and how to secure the compensation you deserve.
