Lawyers, Answer Questions  & Get Points Log In
North Carolina Personal Injury Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I was bit on the face by a brown recluse while asleep, hospital cut away some skin left a real bad scare on my face what

Are my rights, it is horrific and I have to go to plastic surgery because of it.

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

I'm sorry for your injury. Your rights would depend on whether there was a departure from the medical standard of care that a court would apply in your jurisdiction. A scar, in and of itself, is not conclusive evidence of an error if it was the best that could be done under the circumstances.... View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for North Carolina on
Q: My husband was in a car accident in 2018 while at work and did have major back surgery, why does he have to pay bk wc

he settled with WC and now has just won his first part of the lawsuit and now has the 2nd part going. Lawyer is holding first check because they said that NC law says they can't pay him out until 2nd part is settled, we were not aware of this upfront, and we were not aware that he would be... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 19, 2023

The reason is that in the lawsuit you are obtaining compensation for the same things that are being paid by work-comp so that work-comp should be repaid. It is possible there may be exceptions and potential to negotiate how much they need to pay based on strength of liability, limitation of... View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for North Carolina on
Q: My husband was in a car accident in 2018 while at work and did have major back surgery, why does he have to pay bk wc

he settled with WC and now has just won his first part of the lawsuit and now has the 2nd part going. Lawyer is holding first check because they said that NC law says they can't pay him out until 2nd part is settled, we were not aware of this upfront, and we were not aware that he would be... View More

Martha Ramsay
PREMIUM
Martha Ramsay
answered on Jul 20, 2023

I’m sorry your husband had such a significant injury. If this is a North Carolina claim, it is correct that the law allows the workers’ compensation company to recover what they paid for workers’ compensation benefits when the injuries were caused by a third party who was at fault. The... View More

View More Answers

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Got a bedsore when I was admitted in cmc Charlotte hospital can't get no one to take case I was in ICU a month and stag

Four sore when I was released from hospital need compensation for pain and suffering

Joel Gary Selik
Joel Gary Selik
answered on Jul 7, 2023

There are many aspects to a medical malpractice case attorneys evaluate. Medical malpractice cases are challenging and exceptionally time consuming. Not all valid cases can go forward.

There have been many cases where an injured person’s case was rejected by many attorneys but was,...
View More

View More Answers

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: If my neighbors dog caused me to fall & break my leg is he liable for my injury costs?

Neighbors dog got loose attacked my dog while I was walking him at the edge of my yard and caused me to fall and break my leg in two places. In NC is my neighbor liable for my medical bills & lost wages?

N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

In North Carolina, the owner of a dog that injures a person could be liable for the injured party's "damages," such as medical bills. However, there are several types of law that could be at play, and each one is a bit different. For example, the general rule under North Carolina... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for North Carolina on
Q: Can I file malpractice or civil suit against hospital when they gave me a C-section without consent and after I said no?

I told them no, as did my husband. They breached patient autonomy and did not turn off the medication when I asked. I was badgered constantly from nurses and doctors. This happened in North Carolina.

Ronald V. Miller Jr.
PREMIUM
Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2023

If you believe that a hospital performed a medical procedure without your consent or against your wishes, you may have grounds for a medical malpractice lawsuit. I'd be very interested in what the medical records say about what happened.

In a medical malpractice case, you would...
View More

View More Answers

2 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina on
Q: Is my obgyn in the wrong? I may lose my job.

Hello there, so in February 2023 I had a miscarriage which started at my obgyns office-fast forward to now, I never received a follow up call/message/care and made an appointment for 3/28/23 when I went in to discuss post partum depression and to ask the Dr to fill out some hr paperwork and... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

In many cases, an ObGyn must refer a patient to a mental health practitioner who is trained and authorized to diagnose or treat postpartum. You would need to consult with an attorney who can assess whether your ObGyn did anything wrong and, if so, what you might be able to do.

As for...
View More

View More Answers

1 Answer | Asked in Personal Injury and Energy, Oil and Gas for North Carolina on
Q: Can I sue a gas station for the pump not automatically turning off when the tank was full which lead to eye injury?

Can I bring a suit against a gas station for the pump not automatically turning off when the tank was full? My wife was pumping gas and the pump didn't turn off when the tank was full. She was sitting in the car when she noticed the gas spewing out of the side. When she went to remove the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. I hope your wife is okay. It sounds like it could be a difficult case because there's a possibility it could involve costly engineering examination and testing of the release mechanism in the nozzle,... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can I filled a claim on negligence malpractice surgery

Yes!I was out patient at Astrium Health care hospital in Almareble N.C. On February 4th 2020, I had surgery on my left eye and my retina was damaged. Now it can't be repaired what can I do about it.

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is possible to file a claim for medical negligence or malpractice in the case of a surgery that did not go as planned. Medical negligence occurs when a healthcare provider fails to provide a standard level of care, and as a result, the patient is injured or suffers harm. If you believe that you... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for North Carolina on
Q: Can I file a grievance against a 3 Georgia deputy sheriffs for not allowing me to attend my brothers funeral.
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is understandable that you would be upset if you were not allowed to attend your brother's funeral. If you wish to file a grievance against the deputies, you may be able to do so through their employer, the sheriff's department. You can try contacting the department to find out more... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: Suing for deformation of character, a regional grocery chain

Have been harassed for years with insulting homophobic slander,

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A North Carolina attorney could advise best, but your question remains open for three weeks. At this point, you could repost under Libel & Slander, or reach out to attorneys who practice defamation law. Based on the limited details, some firms may discourage you from pursuing such a matter,... View More

1 Answer | Asked in Civil Litigation and Personal Injury for North Carolina on
Q: Drive thru window hot coffee spilled on my hands and lap through out the front driver seat do to the lid not being close
Tim Akpinar
Tim Akpinar
answered on Feb 3, 2024

A North Carolina attorney could advise best, but your question remains open for five weeks. If you have medical records, you could gather them and try to arrange a free initial consult with a North Carolina attorney. I hope you're okay. Good luck

1 Answer | Asked in Personal Injury and Products Liability for North Carolina on
Q: Why is it so hard to get a lawyer to take a product injury case
Tim Akpinar
Tim Akpinar
answered on Jan 18, 2024

A North Carolina attorney could advise best, but your question remains open for two weeks. Without knowing the details of your case, one could only guess in terms of general considerations. One reason might be that attorneys did not see a strong case. Another could be that attorneys recognized the... View More

1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: If your love one is in prison and they were assaulted is their anything that can be done about it?

Love one was stabbed multiple times in his sleep and the prison staff didn’t notify his family they wasn’t even on their post and allowed another inmate to come out of his area to attack my love one while he was sleeping and again when he woke up to defend himself when the other inmate came... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 15, 2023

The standard of care to hold a prison liable is whether the prison staff’s conduct rose the level of “deliberate indifference” in not taking steps to transfer your loved one to a safer place. Contact local civil rights counsel for more specific advice.

1 Answer | Asked in Car Accidents and Personal Injury for North Carolina on
Q: I was t boned in a car wreck. l I have personal injuries including a broken sternum . Totaled car. Can you help me?
Joel Gary Selik
Joel Gary Selik
answered on Nov 7, 2023

Use the search for an attorney section on this webpage to find an experienced personal injury attorney in your state.

3 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina on
Q: If newborn test results are another baby's test because times are wrong and dss takes your child

No dr or nurse ever said baby tested positive only a dss worker. Dss has taken children and the found lab results are at a time when mother and baby aren't even at hospital yet. Results are another newborns. Hired law firm has disregarded found evidence and children have been pushed through to... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 27, 2023

This could be a case. If the proper, convincing evidence can be shown, it may be worth pursuing. Consult with experienced attorneys in the state where this occurred.

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for North Carolina on
Q: In NC is there a limit on amount of suit for car hit pedestrian accident in Henderson County?

Pedestrian on sidewalk was hit by a car that jumped the curb. Her lawyer said in NC (Henderson County) one could only sue up to the limit of one's home insurance if one owns a home. Is this true?

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. It's generally governed by the limits on the auto policy. I think that what the attorney is talking about is larger umbrella policies with excess policy limits. Good luck

2 Answers | Asked in Personal Injury for North Carolina on
Q: Is there an agreement that I can have part time farm help sign so that they can't sue me if injured on the farm?

Employment agreement

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 7, 2023

Your employment contract can limit your liability but likely cannot completely eliminate it. You can likely eliminate liability caused by the actions of the employee but not by other employees, yourself, or certain accidents.

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can I sue for not being sedated for a procedure?

In cataract surgery one remains awake but is heavily sedated. I was told take this would be done, but they never sedated me. They wrapped both arms (including my IV access) and restrained me. I exclaimed more than once that I had not been sedated, Still, they drilled into my eye causing severe... View More

N'kia (NLN)
N'kia (NLN)
answered on Jul 21, 2023

First, I am so sorry to hear about this experience.

Yes, you might have a viable claim against the doctor or medical practice. You could search the directory and reach out to attorneys about evaluating and handling your case. (This page is only for Q&A's, not for connecting with...
View More

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for North Carolina on
Q: Can a landlord be liable for a dog bite purely because of dog breed and no other signs of aggression?

My landlord does not restrict breeds of dogs. They do require pet owners to fill out a pet profile and the dog goes through 'screening' to ensure it is safe. But I was still bitten by a pitbull in the complex. Can I sue my landlord for allowing an aggressive breed in the community even... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Probably not, and pitbulls aren't considered to be an unusually aggressive breed toward humans.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.