Image by Jitsu via Flickr Merry Christmas and Happy New Year. Thanks for your reading and comments. –Bradley A. Coxe is a practicing attorney in Wilmington, NC who specializes in Personal Injury, Medical Malpractice, Contract and Real Estate disputes and all forms of Civil Litigation. Please contact him at (910) 772-1678.
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You are the Brakes on a Runaway Jury
I wrote earlier about medical malpractice cases in North Carolina and why they are so difficult to start and win. Briefly, there are special procedures in North Carolina to make sure that medical malpractice cases that are brought in the courts have merit. Aside from those special restrictions, in every civil case in North Carolina, there are […]
Mediation
The vast majority of legal cases settle before going to trial. Traditionally, in a civil lawsuit, the lawyers for each side would exchange settlement offers and counter-offers informally at various times throughout the lawsuit. Their clients, the actual parties paying or receiving the money, were usually only involved secondhand. In addition, the lawyers were oftentimes […]
Slip and Falls
The tragic accident that occurred at a New York Wal-Mart certainly gave another meaning to “Black Friday.” According to CNN, lawsuits are being filed for customers injured in the stampede. I can’t comment on their chances in New York, but, had the accident taken place in North Carolina, they certainly would have a claim worth […]
Medical Malpractice in North Carolina
I was at a Continuing Legal Education class the other day on medical malpractice. One speaker, a gray-haired experienced medical malpractice attorney with many years experience was commenting on cases he would not take. “I don’t take cancer cases,” he said, “I don’t take infection cases; I don’t like back surgery cases; I don’t […]
More on Small Claims Court
The Star-News has a nice article on small claims court or magistrate's court here. I did a post a few months ago on the procedures of this type of court. The Star-News article personalizes the New Hanover County small claims court with an interview with one of the civil magistrates. I have helped people with their case before […]
Happy Veterans Day
Honor the Fallen in Flanders Fields In Flanders fields the poppies blowBetween the crosses, row on row,That mark our place; and in the skyThe larks, still bravely singing, flyScarce heard amid the guns below. We are the Dead. Short days agoWe lived, felt dawn, saw sunset glow,Loved, and were loved, and now we lieIn Flanders […]
Rights of a Landlord and Duties of a Tenant
In an earlier post, I discussed the Rights of a Tenant and Duties of a Landlord for residential rentals under North Carolina law. Today I thought I would discuss the flip side. If you are the landlord, what rights to you have and if you are a tenant, what are your duties? (These rules are for residential leases, […]
Signs, Part III
Another good reason to leave those signs alone. In defense of the boy, McCain signs are probably pretty rare in the Chapel Hill area…
Signs, part II
Some anecdotal evidence in my neighborhood suggests that both Obama and McCain signs are being taken out of people's yards. I'll put aside the ethical implications and confine myself to the legal. Whoever does this can be held liable for civil trespass and conversion of personal property and possibly criminal trespass and theft. Probably small […]
If it walks like an Elephant, talks like an Elephant, looks like an Elephant, why can’t it say it’s an Elephant?
After the last post, I had a question as to how to find out what political party the candidates for Judge were. The bad news is it is a bit difficult, but the good news is it probably doesn't matter a great deal. Since 2002, judges in North Carolina have run in non-partisan elections, meaning that […]
CORRECTION: Who Do I vote For?
In my last post I incorrectly identified Bob Hunter as the incumbent when it is in fact Judge John Arrowood. I have edited and corrected the original post and apologize to the candidates.
Who do I vote for?
North Carolina is one of the few states left who still elect judges. Even well-informed people who can discuss the particulars of economic stimulus packages and can pronounce Mahmoud Ahmadinejad, turn to me in confusion as to who they need to vote for the North Carolina Supreme Court, North Carolina Court of Appeals, and the […]
Sign, Sign, Everywhere a Sign…
‘Tis the season when those political candidate signs spring up like mushrooms around neighborhoods and commercial districts throughout the land. Although signs and posters are considered "speech" under the 1st Amendment and therefore cannot be banned by the government, some permissible restrictions have been allowed. Check your city or county ordinances here to see if […]
Oak Island Annexation
Annexation issues are a niche speciality of my partner, Wes Hodges. He has just been hired to fight an annexation attempt by the town of Oak Island. He fought sucessfully against the town in a similar attempt a few years ago, taking that case up to the North Carolina Supreme Court. I’ll try to pick […]
Can they fire me for that!?!
Happy Labor Day! In honor of the holiday, I thought I would write briefly about what claims an employee has when he gets fired. Having a claim for getting illegally fired, or "wrongfully terminated" is difficult in North Carolina as it is a "right to work" state. The basic concept of all employment in North […]
Rights of a Renter and Duties of a Landlord
Almost 1 million people in North Carolina are renting their house or apartment. Even though they are not the owners of where they live, it is their home. As such, it is very important to them. As somebody who has a home, but doesn’t own that home, what rights do they have? Your lease […]
N.C. Medical Board takes a positive step
Both the legal profession and the medical profession are to a certain degree self-regulating. They both have non-governmental, independant bodies that establish rules, guidelines and professional ethics for their members. However, the organization governing lawyers, the North Carolina State Bar, has been far more active historically in disiplining its members than the corresponding medical organization. […]
Medical Malpractice pays well–for insurance companies
This article from the N&O up in the big city of Raleigh (motto: Where Barney Fife goes to Party), is just one piece of evidence that any medical malpractice "crises" is simply not accurate. First, consider that North Carolina has mostly resisted the radical "tort reform" wave that is sweeping the county. Despite that, the […]