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North Carolina Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Still having pain and swelling in my left knee 6 months after minor surgery for a torn meniscus

I was completely functional prior to a torn meniscus in October 2019. Had a normal X-ray in the ER, followed by an ortho appointment, MRI, then surgery to ”remove the torn edges” of the medial meniscus. In February I was still having considerable pain and swelling, a 2nd MRI revealed bone... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2020

I'm sorry for your ordeal with your pain. A North Carolina attorney should advise you, but your post remains open for three weeks. It isn't fully clear what the question is, but it looks like you suspect something was done wrong in your medical care. If that's the case, you could try... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for North Carolina on
Q: Can I rebottle a brewery's bulk hand sanitizer into smaller sizes (2oz, 5oz, etc.) and sell to biz's with permission?

I talked to a brewery about buying their WHO 80% Alcohol Formula in bulk and selling it to businesses within the triangle area in NC. I want to see what legal issues there may be and how to avoid getting into trouble.

My email to the brewery was:

"Good morning!

I was... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2020

A North Carolina attorney could advise you best, as state law issues could be applicable, but your post remains open for a week. One issue that you could consider is posing this question to a trademark attorney, as that category is not included in the selections made. You are selling someone... Read more »

Q: If a respondent objects to answering interrogatories on grounds of broad, burdensome, how can I respond to get the info?

95% of my requests were responded this way. I am pro se in arbitration in a labor case on issues of discrimination, retaliation, and constructive discharge. I have no money for an attorney.

Kirk Angel
Kirk Angel answered on Apr 26, 2020

Send a letter to the other party's attorney telling them you need the answer within a certain period for example 10 days or two weeks of the date of your letter to them. Offer to talk about the information and why you need it. See if you can work out a deal to get all the information or your... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: on January 26, 2020 I was assaulted. I have a criminal case coming up.Do I have to sue separately for damages, wages?

I would like to know if they will be able to compensate me for pain and suffering and lost income in the criminal trial or will I need to file a separate case>

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

A criminal court can add "restitution," but that only works if the no-good has money. Some states have crime victim compensation acts. Ask the DA's victim assistance coordinator about that.

You can file a civil case, but unless the person is covered by insurance that is...
Read more »

1 Answer | Asked in Health Care Law and Personal Injury for North Carolina on
Q: Can I sue a hospital for abuse of patient family?

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Amanda Bowden Johnson
Amanda Bowden Johnson answered on Apr 12, 2020

Telling you that you can not come in is not 'abuse' and if she is your girlfriend - you are not 'family'. Even if you were family - the hospital likely has a right to exclude you if they deem it prudent (especially now due to the virus situation). They very likely told you... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for North Carolina on
Q: My neighbor dug two deep culverts on his property against my fence to drain water onto my property.

In 2016, he did something similar and admitted digging a trench because his yard was too wet. What can I do? My yard is a mess and I am becoming ill over this level of harassment. I need the offending party to cease the assault on my property and pay for tree and lawn repair. What category of law... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Feb 25, 2020

You may have grounds to file a nuisance lawsuit against him. Feel free to call me at (919)348-9211 if you'd like to discuss the case further.

Evan Lohr

Attorney

evan@lohrnc.com

1 Answer | Asked in Personal Injury for North Carolina on
Q: I recently had a car accident and need legal advice
Evan S. Sloan
Evan S. Sloan answered on Jan 2, 2020

An attorney is going to need much more information than this to provide you with solid legal advice. I would gather up as much information as possible regarding your car accident (crash report, crash photos, medical records, medical bills etc.) and contact a local personal injury attorney. You want... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: My husband was shot in the back of the head. He suffered a tramatic spinal cord injury leaving him parayzed

Simple affray was the chosen charge for assailant. What legal options do I have

Adam Bull
Adam Bull answered on Dec 22, 2019

There are two different interactions with the law in this situation. The first is the criminal side which you mentioned. The state is in control of what charges to bring and the prosecution. It does seem like thet may have undercharged given then information provided.

There is also the...
Read more »

1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: Do I have to wait for a passenger to finish treatment to settle with the insurance company?

I was in an accident (not at fault) and I am wanting to settle with the other person's insurance company. But i am under the impression that I can't do so until my passenger finishes treatment. Then and only then will the insurance company pay me.

Tim Akpinar
Tim Akpinar answered on Nov 30, 2019

No. But the decision will still be up to the liability examiner (together with carrier's counsel if your matter is in suit). If they have a bead on the injuries you and your passenger sustained in relationship to the limits of the policy and the reserves they set for the claim, they have... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for North Carolina on
Q: Fire broke out in my apartment caused by an electrical wire that was poorly installed. Will you have to pay for repairs?

Fire started Sunday November 3 2019 at 4:10am. Fire was caused by electrial wire of a fan that was poorly installed and properly working correctly.

Tim Akpinar
Tim Akpinar answered on Nov 23, 2019

You should not have to pay for anything if you had nothing to do with the installation of the wire. You posted this under personal injury. If that means you sustained injury and incurred medical expenses as a result of the fire, you could have certain rights, which you could discuss with a North... Read more »

2 Answers | Asked in Personal Injury for North Carolina on
Q: Where can I find the negligence per se torts for NC? thank you.

medical negligence

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

A North Carolina could provide you with the most thorough answer, but your question remains open for two weeks. As a general matter in all jurisdictions, negligence per se arises when the tort involves a violation of some law or regulation intended to protect the public. As an example, exceeding a... Read more »

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2 Answers | Asked in Personal Injury for North Carolina on
Q: Been waiting 5 years for my case for Risperdal too settle or go to trail, why is it taking so long
Denise Anderson
Denise Anderson answered on Sep 18, 2019

I suggest that you contact the attorney who filed your case. They will provide you with the right answer depending on when the case was filed, and whether the case is a class action or not a class action. Many factors play a role regarding the timeline for cases to resolve.

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1 Answer | Asked in Personal Injury for North Carolina on
Q: I am inquiring about malpractice.

When having surgery I was given a spinal and I was never told about it. When giving the injection the anesthesiologist hit a nerve. When I awoke my feet and legs were numb and on fire. I have delt with this constant pain and burning in my legs and feet and have been told the nerve is never going... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2019

You must really check with a North Carolina attorney. However, your question remains open for three weeks. As a general matter, it's unlikely you would have been admitted to surgery without signing a host of forms consenting to procedures to be performed upon you, and acknowledging that you... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: My pregnant fiance and myself were recently exposed to mold at a hotel stay, they refuse to refund me.

Both of us experienced flu like symptoms, my pregnant fiance much more than myself.

Denise Anderson
Denise Anderson answered on Jul 28, 2019

If you have proof that you and your finance are affected as a result of the mold from the hotel, you can likely obtain refund from the hotel. Some valid proof of mold exposure includes; Blood Test done to detect mold, or Skin Prick test done by your doctor. The hotel will take your claim more... Read more »

2 Answers | Asked in Personal Injury for North Carolina on
Q: I was recently in a car accident that wasn't my fault and injured my left knee.

The other persons insurance company wants me to sign a release for now and then pay me. Im not sure if i should sign the form now and settle or if i should get a lawyer.

Denise Anderson
Denise Anderson answered on Jul 21, 2019

My recommendation, do not sign the release form and settle, get an attorney to represent you. I recommend that you reach out to an attorney who practices Personal Injury. Most insurance companies do not have your best interest at heart. They will not voluntarily disclose all your options for... Read more »

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1 Answer | Asked in Personal Injury, Tax Law, Banking and Civil Rights for North Carolina on
Q: Need ethical law firm that can process the evidence of dishonor against a bank for internal document fraud, Fudiary duty

I am involved as the victim of an identity theft operation called ghosting. My bank altered the tax ID # and my date of birth on the internal documents that are associated with my business accounts, overriding my social security number and date of birth with the identifiers belonging to somebody... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2019

This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. Accordingly,

this forum is not the place to seek free legal representation...
Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: I cut my fingers badly. I went to local Emergency Room. ER Doctor put 2 stitches in one in Each finger, No x-ray.

No referral to a surgeon nothing,

My fingers are numb.

Can I get legal help

Denise Anderson
Denise Anderson answered on Jun 1, 2019

An emergency room doctor is normally trained to assess the extent of cuts or injuries and determine the correct treatment. A referral to a surgeon is not normally done for every cut and injuries to a finger; a referral is done if warranted based on the extent of the cut. Likewise, X-rays are not... Read more »

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1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: Should I expect to get reimbursed at least for medical bills at Urgent Care facility for dog bite - $175.00?

I'm riding my bicycle through my neighborhood (on the street) last night, and I come up on a lady with 2 German Shepherds loose in her yard with her. I hear her say "oh no", and the dogs start growling/barking, and then they attack me. As she's yelling "they don't... Read more »

Denise Anderson
Denise Anderson answered on May 25, 2019

Yes, you should be able to receive reimbursement for the medical bills you incurred. You can also receive compensation from the dog owner for the injuries you suffered. You need to show that the German Shepherds were pet dogs, and the owner did not confine them. Vicious dogs like German... Read more »

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Products Liability for North Carolina on
Q: If a doc. between privatemployer and you is not notarized and a word doc, is it considered a legal doc

Husband out of work for 4 and a half months due to injury not sustained at work. Work said he had 40 hrs PTO he can use, but broken down to maintain insurance needed for operations , Dr appts, etc. Returns to work, employer hand him document that is not notrawarized and typed up in a Microsoft word... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Whether the document is notarized or not does not matter. This is a simple internal payroll issue. It sounds like the employer has allowed your husband to return to work but is also docking your husband's pay because he used more than 40 hours of PTO while tending to his medical needs. This... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: How do I find settlement of law suite against unc hospital I filed
Tim Akpinar
Tim Akpinar answered on May 5, 2019

If the hospital assigned a defense firm to your case, you could contact them and ask for copies of the closing papers. If the hospital handled the matter without outside counsel through their in-house claims department, you could see if they have closing papers (settlement letters, releases, etc.)... Read more »

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