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In North Carolina, auto insurance claims are categorized as compensatory damages. This means that a victim with a car accident injury may receive certain economic and non-economic damages. Economic damages are actual losses such as medical expenses and lost wages that are tracked with bills and wage statements. Non-economic damages are those damages that are not as easily calculable such as pain and suffering, anxiety, depression and loss of consortium (marital relations). There are no compensatory caps in North Carolina to limit damages.
In some cases, punitive damages may be levied against the wrongdoer. The plaintiff must prove with clear and convincing evidence that the other party acted with malice. In North Carolina, the maximum that can be received is either two times the compensatory damages or $250,000, whichever is greater.
To file a personal injury lawsuit the plaintiff must do so within a statutory period. North Carolina law stipulates that an injured party must file within three years of his or her injury or be denied the right to pursue the case. The three-year statutory limit also applies to property damage caused by the car accident. A wrongful death suit must be filed within two years of the individual's death.
Most insurance companies in North Carolina abide by the state's laws to keep uniformity in claims. Therefore, a party with a car accident injury in North Carolina must file a claim within two years; family members must file a claim for wrongful death within two years.
Talk with an experienced car accident attorney to discuss the maximum amount paid by auto insurance in North Carolina.