Seeking Answers After A Personal Injury

Last updated on January 31, 2025

No matter how you were injured by someone else’s actions, you likely have questions about your future and any possible claims. At Maurer Law, you can meet with a North Carolina attorney who can answer your questions while defending your best interests.

I was injured after I fell down a staircase at my friend’s house. Is my friend liable for my injuries?

This particular case would fall under premises liability, a section of law that discusses a property owner’s responsibility to maintain their property in a reasonably safe condition. Since nothing can ever be perfectly safe, premises liability only holds owners responsible for accidents caused by hazardous conditions. The “reasonably safe” idea is very important in your case. If the stairs were sturdy and well-maintained, but you simply lost your balance or forgot to turn on a light before descending a dark staircase, your friend would not be responsible for your injuries. A good rule of thumb is that if a person using a standard level of caution would not have hurt themselves descending the same staircase, you probably do not have a case.

Another consideration is how you descended the staircase. Premises liability also holds a visitor to some responsibility for using the property in a “normal” manner. If you acted carelessly or used the staircase for other than its intended use, such as sliding down the banister, your friend could not reasonably be expected to prevent injury.

If you descended the staircase in a normal manner and were using a level of caution that anyone else would use, and the handrail broke – causing you to fall – your friend may be liable. If your friend knew about the handrail being in poor condition and had reasonable time to fix it and yet failed to do so, he or she may be liable for your injuries. If your friend does not own the house and is a renter, both your friend and the landlord could be liable.

If you have been hurt on someone else’s property and think you may have a premises liability injury case, I can help you decide what your next step should be. For more information, fill out my online contact form or click on the live chat feature now!

How long do I have to file a personal injury claim?

The amount of time you have to file a personal injury claim is called the statute of limitations. In North Carolina, the statute of limitations for personal injury cases is three years, meaning that an injured victim has three years from the date of the injury to file a personal injury lawsuit. After that, you may be unable to file a lawsuit against the at-fault party to recover compensation for your medical bills, lost time at work, and pain and suffering.

Your health is the most important thing right now, and you have your hands full with your recovery. However, I may be able to take the legal burden from your shoulders, negotiating with insurance companies on your behalf or filing a personal injury lawsuit to obtain the compensation you need and deserve. However, it is important to act now while evidence is fresh, witnesses are readily available and your case can be prepared and filed well before the statute of limitations runs out.

Should I post updates on Facebook, Twitter or Instagram about my injuries or case?

Many people like to share their highs and lows on social media sites, including Facebook, Instagram and Twitter. So when you were hurt in a car accident, one of the first things you did was share the news on Facebook.

You know this is the fastest way to update your family and friends on any news, so it was only natural for you to take this route. Now, you’re considering keeping them updated about how you are healing and any updates on your case through social media, but should you? How can posting about your injuries affect your case?

How can I defend my needs during a claim?

The defense attorney will do all he can to disprove your claims and hurt your character, including digging through your social media accounts. Following these social media tips could prevent you from losing your case:

• Avoid commenting on how you feel following the crash. Posting a comment such as “I was just in a car crash, but I am OK” may help your friends and family feel better, but it could hurt you in the long run. You may feel fine immediately following the crash, but your injuries could appear a few days down the road. An attorney could claim that since you said you weren’t hurt before, you are now lying about your injuries.
• Never say how you are feeling better. Injuries are difficult to predict, and sometimes, just as you think you’re starting to feel better, things can take a turn for the worse. An innocent post about a day free of pain or how you were able to put weight on your leg for the first time since the crash could make the judge believe you are lying about your progress.

The guidance of a skilled lawyer can help you avoid these and other critical pitfalls in your claim.

Can I still win my case if I have a preexisting injury?

Yes. Whether your car wreck or slip-and-fall accident occurred in Raleigh, Durham or anywhere else in North Carolina, you can still win your case if you had similar injuries before the accident. The key is honesty about the prior injury or condition. Inform your medical providers and your personal injury attorney. Not disclosing prior injuries can harm your case.

Having prior similar injuries can help your case. You may be considered an “eggshell” plaintiff, meaning you are more susceptible to new injury due to your preexisting condition. For instance, low-speed car accidents with minimal damage are often not taken seriously, but if you’re already in bad shape, it’s easier for an adjuster and jury to understand how you were injured. An experienced Raleigh personal injury attorney can present your case effectively to insurance adjusters and juries.

It’s common to aggravate a prior injury in an accident. Your case is stronger if you can show a period without complaints or if your injuries have resolved. However, if you were actively treating the same injury at the time of the accident, it’s harder to prove the accident worsened it.

The key, besides honesty, is showing a difference in your pre- and post-accident condition. Documentation is crucial, so be clear with medical providers about how the accident aggravated your prior injury or condition.

Get The Information And Guidance You Need

Are you ready to get started? Download your free copy of my important guide, How to Hire a Lawyer: Avoid the 7 Pitfalls Which Can Wreck Your Case!, to learn how to go about hiring the right lawyer for your personal injury case.

At Maurer Law, I handle all types of injury and accident cases. I am a board-certified civil trial specialist who previously worked for insurance companies defending personal injury claims. If you would like a free consultation, give me a call today at 704-899-2133.