Category: Personal Injury & Medical Malpractice

Medical Malpractice Caps

In 2011, North Carolina considered a controversial new law that limited or capped the amount of money a jury could use to provide to a person for her damages in certain kinds of lawsuits. N.C. Gen. Stat. § 90-21.19 capped the amount of noneconomic damages a person could receive in a medical malpractice suit to […]

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Wrongful Death Damages

I am preparing for mediation and possible settlement of a case where a husband and father died because of the negligence of two doctors. I have all my experts and medical facts lined up to show the medical malpractice and how with one simple and routinely done test, this man would still be alive. What […]

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Motor Vehicle “Accidents”

This article explores why we shouldn’t use the term “accident” in describing every car wreck. Even lawyers for injured people in car crash cases fall prey to using the wrong words and communicate the wrong ideas even if the facts are right. While the defendant in a car wreck may not have intended to hurt […]

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What If…

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 […]

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Medical Records

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 […]

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Aggravation

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 […]

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Crash Reports

In North Carolina, the first investigation of any motor vehicle crash is by the police. In order to assist their investigation, they use a special form published by the North Carolina Division of Motor Vehicles—“Crash Report Form DMV-349.” The form, also known as the crash report, accident report, or police report, is an essential piece […]

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Free Advice

I will occasionally get questions from friends, acquaintances, at a dial a lawyer day, or online at www.avvo.com, who want to know what they should settle for in a small to medium car wreck or personal injury. These casual, cocktail party questions are difficult. Sometimes these folks have already retained an attorney and are looking […]

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Suing the School

Our kids spend thousands of hours in the public schools of North Carolina. Not only are they on school grounds for classroom work, they participate in a vast amount of after school activities such as cheerleading, baseball, football and other sports. Just like a store or a private residence, negligence can occur from the actions […]

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Insurance Adjusters

After you are involved in a car accident, but before you retain an attorney, you are in a critical and dangerous time. You begin dealing with insurance company representatives in an effort to get compensation for your personal injury or damage to your car or other property. Even the most fair and honest claims representative […]

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Bicycle Safety

Sometimes, even the safest automobile driver will ignore rules that they wouldn’t think to disobey in a car. However, the law of North Carolina considers a bicycle a “motorized vehicle” and expects a bicycle rider to obey the same rules of the road as an automobile bicycle rider should always go with the flow of […]

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Ensure Uninsured and Underinsured Coverage Exists Within Your Auto Insurance Policy

In a world overrun with computer-animated geckos, Paleolithic cavemen, bubbly spokeswomen, and catchy tunes, we are bombarded constantly with the idea that choosing an auto insurance company is one of the most important decisions we face in life.  Make no mistake, insuring your vehicle is vitally important, but more important than choosing an insurance company […]

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Medical Provider Liens

A lot of times it is easier as an attorney to obtain a personal injury or medical malpractice settlement from a defendant or an insurance company that it is to actually give that money to a client. One of the most common hurdles that an attorney and his client has to jump over is the […]

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Does Your Dog Bite?

“Every dog gets one bite,” is a bit of homey legal wisdom that is often repeated by laypersons and even lawyers, but it is not entirely true in the state of North Carolina. The first way a person can recover from a dog bite or attack is under a negligence theory. Legally, a dog attack […]

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Automobile Safety

Please check out this infographic, courtesy of Compliance and Safety on automobile safety. The best way to win a personal injury lawsuit, is to never have to file one.  Featured By: C&S Blog –Bradley A. Coxe is a practicing attorney in Wilmington, NC with Hodges & Coxe PC who specializes in Personal Injury, Medical Malpractice, Homeowner's Associations, […]

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The Magic Multiplier

In North Carolina, damages for personal injury involve several different kinds of damages. First are the hard damages or “specials” as some call them. These are the damages where the amounts are usually easy to determine. As long as medical bills and lost hours at work can be shown to be caused by the negligence […]

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Buckle It.

The night of Valentine’s Day, I heard a loud boom outside my house. I thought a tree had fallen or a transformer blew. About five minutes later, at least five police cars came streaming now the street. Looking a few houses down, I saw a horrific wreck where an SUV had wrapped itself around a […]

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My Not-So-Hero, Zero

There has been a lot of justifiable backlash over “zero tolerance” policies for weapons at schools. The tale of the cub scout proud of his pocket knife with fork and spoon has prompted many people to cry out “where is the common sense of these school officials?” My practice really isn’t geared to this type […]

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How to Go to the Doctor

The following is an excerpt of an article written for paralegals and attorneys by Steven Glass, a retired personal injury attorney from Florence, South Carolina, concerning the lack of attention that attorneys, and their clients, sometimes pay to the client's treating physicians. Mr. Glass points out that the attorneys should be aware of their client's […]

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