Like all professionals, doctors owe their clients a duty of care. When a doctor falls below this standard, you can receive money to correct the mistake and to compensate for any physical pain or emotional harm. How will you know if your doctor made a mistake that has injured you? Unfortunately, there is no clear […]
A tragic car accident involving a North Carolina driver is a reminder that distracted driving is a danger to everyone on the road. Injured victims will need to sue in court to hold the drivers responsible for their injuries accountable. Eyes Off the Road At 11:15 a.m. on February 3, 2018, Samantha Hughes of Wilmington […]
After a slip and fall, many people can stand up, dust themselves off, and carrying on with their day. But if you hit your head while falling, you are more likely to suffer a serious traumatic brain injury (TBI). The human brain is well protected by the fluid surrounding it, which prevents the brain from […]
In a motor vehicle wreck case, or any other negligence case, there are several areas of damages that an injured person can recover. They can recover their medical bills; their future medical bills; their loss of use of a body party; their lost wages if they missed work; and pain and suffering. “Pain and suffering” […]
It seems to be common knowledge, at least among regular patrons, that foul balls and wild throws commonly are hit into the crowd at any baseball game. Does this mean the owner of the ballpark has no responsibility for the safety of its fans? In North Carolina, owners of ballparks are under same general duty […]
People who have been in a car wreck oftentimes ask me (or just assume without asking) that I am going to file suit against the at-fault driver’s insurance company. The short answer is “no, unless…” In a typical car wreck case, the at-fault driver will have at least the minimum amount of insurance required by […]
Next week, the House will vote on a series of bills that will make it difficult – if not impossible — for Americans harmed by large corporate misconduct to seek justice in our nation’s courts. These anti-civil justice bills are: H.R. 1215, the “Protecting Access to Care Act,” which undermines state law and eliminates the […]
Q: Punitive damage for Auto accident in NC: What are the terms for an auto accident to be considered for punitive damages? If a driver cause an accident by running a red light and colliding with other vehicle, would this Gross Negligence be considered for punitive damages according to the NC statutes. A: Bradley’s answer: […]
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 […]
Q: Auto accident… Hit by driver..insurance lapsed: I was at a green light,but had to yield for oncoming traffic because our green arrow to turn didn’t come on.while at the light a man in a truck thought traffic was moving on our side and hit me in the rear bumper,causing noticeable damage. He gave me […]
Q: Do I have a lawsuit: I just had my baby a few days ago, the labor and delivery went perfectly until my doctor started pulling on my umbilical cord to remove my placenta less than 3 minutes after I birthed my son, it started hurting terribly and I screamed for her to stop multiple […]
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 […]
Q: Is there a certain amount of time (say 1 year or 1 month) that you have to file or start a medical malpractice case? : I had surgery on my left knee, a total knee replacement. I have had problems ever since it was done. The Dr. didn’t even send me for physical therapy […]
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 […]
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 […]
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 […]
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 […]