There are countless laws that apply to a personal injury accident lawsuit and some of these laws allow the defendant to examine whether a plaintiff acted negligently in contributing to his or her injury. At Maurer Law, we have seen firsthand how disruptive and stressful an injury accident can be for the victim. Our seasoned team of Charlotte personal injury lawyers is standing by to help you explore whether you have a right to compensation.
Recently, a plaintiff in a personal injury action filed an appeal after the lower court denied her claim against the North Carolina Department of Transportation (NCDOT) seeking compensation for injuries that she suffered when she cut across a grass median and fell into a storm drain some five feet underground. She alleged specifically that the entity was negligent in maintaining and inspecting the storm drain because when she fell into the drain, the grate that would have covered the opening had been removed and was lying on the grass five feet away.
The plaintiff brought the claim under the North Carolina Tort Claims Act. This statute sets out a different set of rules and guidelines that parties must follow when seeking damages from a government entity. Unlike a regular negligence claim against a private person, there are different things that a plaintiff must prove to prevail against a government entity. In most cases, claims against municipalities are more complex and require the experience of a dedicated personal injury lawyer.