Hurricane season officially began on June 1. Around here, we have had a little bit of experience in the Hurricane department, so when we see the Weather Channel hanging around, we know to get to the store, stock up on bottled water, propane and Spam and hunker down for a good named storm. After it […]
North Carolina, like several other states, has a “lemon law” statute for the purchase or lease of new vehicles. Titled the New Motor Vehicles Warranties Act, the statute protects the buyer of a new motor vehicle, including cars, pickup trucks, motorcycles, vans and motor homes weighing less than 10,000 pounds from defective vehicles. Under this […]
A lot of attorneys advertise that they are “aggressive” and “fight” for you. You never see doctors claim they will “aggressively fight” your disease; or accountants say they are “pit bulls” when they deal with the IRS; or you need to hire this particular general contractor because he’s a “shark.” Attorneys advertise for this because […]
Q: Will my mother have to pay her lawyer before she can hire another one? : A year and two months ago my mother had something happen at a major hospital that resulted in her having to have a finger amputated and more major surgery. 3 times I was told to plan her funeral. She […]
I’ve written before on Medical Liens in North Carolina. These liens allow a hospital or doctor or other health care provider to place a lien on any settlement that an injured person may get from a third-party. If a company has a valid lien in North Carolina, the attorney can’t give that money to their […]
There are a lot of public awareness campaigns on driving while intoxicated, but less emphasis has been placed on riding with an intoxicated individual. Aside from the physical danger, the choice to ride with an obvious drunk can have serious effects on any potential lawsuit the passenger may have. North Carolina still retains the old […]
Defamation is a false statement communicated to another person that injures a person’s reputation or good name. Lawsuits for defamation have a long history in the United States, even before the Revolution. Claims for defamation fall between the right of free speech of citizens and the acknowledgement that misstatements and lies can severely damage a […]
One of the issues with drones as I’ve touched on before is their ability to invade a person’s privacy. Other than the FAA regulations, claims may be made against the drone operator under long-standing North Carolina law. Although other states may have additional protections, the privacy protection in North Carolina that may help against drones or […]
Lately in my neighborhood there has been a humming noise going around that sounded different from the chirping of crickets and buzzing of mosquitoes typical on a summer night in North Carolina. Someone is enjoying a new drone and flying about our community. While there are professional and governmental uses for such devices, I suspect my […]
What Happened? News has exploded across North Carolina and the county regarding a broad new law that the North Carolina legislature passed. It occurred in a special session and in less than 12 hours with almost no notice until it was done. The new law is the Public Facilities Privacy and Security Act, officially titled […]
Courtroom lawyers like to talk. It’s a fairly necessary skill when arguing before a judge or jury. The trouble is sometimes a lawyer forgets that talking is just means to an end, not the end itself. Lawyers have to remember they are talking with a purpose. They are talking to persuade a judge or jury […]
My wife wishes I were more “handy.” With a design degree and architectural employment experience, she laments the fact that I don’t have an unlimited general contractor’s license and can’t put up crown molding, or refurbish a kitchen, or install a new shower. Some things, after a free consultation at Lowe’s or Home Depot, I […]
Another thing I wished my clients understood better. We don’t like the slowness and inefficiency of the legal system any more than they do.[1] Most attorneys are not trying to manipulate the system to delay the progress of a lawsuit. Once I waited most of a day, sitting in a courtroom and billing clients in […]
Your case is unique. When I give a client my best legal opinion about the value of their case, I will frequently get arguments from my clients to the effect of “My Aunt Sally’s bridge partner got a lot more money just by asking the insurance company and she didn’t have nearly the injuries I […]
An American judge talking to a lawyer. (Photo credit: Wikipedia) After every trial, I try to talk with the individual jurors who heard my case. It helps me as a trial lawyer determine what strategy and tactics worked and what didn’t. I will also ask them what information they wanted but never got and what […]
Last week I participated in the Ask a Lawyer Day program in Wilmington NC. This is similar to Justice4All program where local attorneys field legal questions for free from the general public. Oftentimes it involves explanations of legal issues or concepts, similar to what I do sometimes in this blog. Other times it is to […]
I love alternative history stories. Things like “What if the Soviet Union had won the Cold War ?” or “What if JFK had not been assassinated?” I find fascinating and oftentimes help me better understand actual history. I even like alternative takes on imaginary history like “What If Spider-Man had been bitten by a radioactive […]
Under North Carolina law, a person’s medical records are property of the healthcare provider who created them. However, a patient has rights to get copies and/or inspect the records of his medical care. The patient may need them to provide to a different doctor or healthcare provider to help with additional medical care. Legal actions […]
Only seldom do I have a personal injury case where there was not a doctor or chiropractic visit sometime in the months or years prior to the event sparking the lawsuit. An injured plaintiff can only recover for damages that were actually caused by the defendant’s negligence. If the defendant can prove that a plaintiff’s […]
I frequently see on social media where someone has been called for jury duty. The post is frequently followed by half-joking advice on how to get of it by telling the lawyers you believe in the death penalty for littering or will vote the way the space aliens tell you. Far from my usual practice […]