Pedestrian Accident Damages In North Carolina

Getting hit by a car while walking can change everything in a split second. One moment you’re heading to your car or crossing an intersection, the next you’re in an ambulance. Then come the medical bills. The missed work. The pain that won’t quit. If you’ve been struck as a pedestrian in North Carolina, you need to understand what you can actually recover. Because it’s not just about your current hospital bill. The attorneys at The Layton Law Firm have handled these cases before. We know what insurance companies try to pull, and we know how to build claims that account for everything you’ve lost and everything you’re going to lose down the road.

Medical Expenses And Future Care Costs

Your medical treatment starts the second that ambulance arrives. Emergency room. Maybe surgery. Hospital stay. Physical therapy that drags on for months. North Carolina law lets you seek compensation for all reasonable and necessary medical expenses related to your injuries:

• Emergency room visits and ambulance rides
• Hospital stays, surgeries, and whatever procedures you needed
• Physical therapy and rehab
• Medications
• Medical equipment, if you need it
• Future medical care

That last one matters more than most people realize. If your doctor says you’ll need another surgery in two years, or ongoing treatment for the rest of your life, those aren’t theoretical costs. They’re real expenses that should be part of your claim right now.

Lost Wages And Earning Capacity

Missing work is probably one of the first financial hits you’ll feel. You can recover those lost wages while you’re recovering. But what happens if you can’t go back to your old job? What if your injuries are permanent? This is where earning capacity comes in. It’s different from lost wages. North Carolina recognizes that if your injuries keep you from doing the work you used to do, or force you into something that pays less, you’ve lost something valuable. Your ability to earn a living over the rest of your working life has real dollar value. And you can seek compensation for that loss.

Pain And Suffering

Medical bills and paychecks are easy to calculate. You can point to a number. Pain and suffering are different, but they’re absolutely real. This covers your physical pain. The emotional toll. The fact that you can’t play with your kids the way you used to, or you’re terrified to cross a street now. Depression. Anxiety. The hobbies you gave up because your body won’t cooperate anymore. Insurance companies hate paying for this stuff because it’s subjective. They can’t point to a receipt. But that doesn’t make it any less legitimate or any less worthy of compensation.

Property Damage

Were you carrying anything when you got hit? Phone, laptop, backpack with your work stuff inside? You can recover for property that got damaged or destroyed. It’s usually not the biggest part of a claim, but it counts.

Wrongful Death Damages

Sometimes these accidents are fatal. When that happens, certain family members can file a wrongful death claim under North Carolina law. They can seek compensation for funeral expenses, the financial support their loved one provided, and the loss of companionship. It doesn’t fix anything. But it recognizes the magnitude of the loss.

Understanding North Carolina’s Contributory Negligence Rule

Now we need to talk about something that makes North Carolina different from most states, and not in a good way. North Carolina uses contributory negligence. Under North Carolina General Statute 1-15, if you’re even one percent at fault for the accident, you get nothing. It’s harsh, and insurance companies know it. They’ll dig through every detail trying to pin some blame on you. You weren’t in a crosswalk. You stepped out too quickly. You were wearing dark clothes. Anything they can use to argue you share fault, because that kills your entire claim. This is exactly why working with a Charlotte pedestrian accident lawyer matters so much. You need someone who knows how to counter these arguments before they derail your case.

Building A Strong Claim

Documentation is everything. Photos of your injuries, the scene, and the vehicle. Witness statements if anyone saw what happened. The police report. Every medical record. Keep track of expenses. All of them. The big hospital bills, sure, but also the small stuff. Parking at the doctor’s office. Over-the-counter pain medication. Gas money for your therapy appointments. It adds up, and it all counts. Getting hit as a pedestrian often means a long road ahead. Physically, financially, emotionally. A Charlotte pedestrian accident lawyer can help you understand your rights, pull together the evidence you need, and fight for compensation that actually covers what this accident has cost you. Not just what’s easy to calculate, but what you’ve truly lost.