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Questions Answered by Brian F Davis
1 Answer | Asked in Personal Injury for North Carolina on
Q: My wife died 2-07-10.she had an un settled claim from a vehicle accident.the claim settled in 03-2010.i opted not to be

Power of estate. but i did fill out Application and Assignment Year'sAllowance which is sealed.i want to know do i get the settlement check thats been in the lawyers office since march 2010

Brian F Davis
Brian F Davis answered on Jan 24, 2013

If you were married, and your wife was killed in an accident, and there was a recovery for her death, then you are entitled to a portion of that recovery. If she died without having a will, then the proceeds of the settlement would be distributed under the NC Intestate Succession Act. If the... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: I cut my finger on a metal napkin-holder. Starbucks apologized, gave me a 'gift card,' but I needed stitches. Can I sue?
Brian F Davis
Brian F Davis answered on Jan 24, 2013

You can always sue, but the bigger question is should you? In this situation, you would most likely see a defense raised by Starbucks called Contributory Negligence. This means that they would likely claim you were negligent yourself in some small amount. In NC, if a jury finds any contributory... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: How can I find successful MRSA lawsuits in North Carolina?
Brian F Davis
Brian F Davis answered on Jan 24, 2013

You could contact the North Carolina Academy of Justice (919-832-1413). They track all medical malpractice / hospital negligence verdicts in NC. They should be able to provide you with a report and/or the name of an attorney who could get you the information you desire.

1 Answer | Asked in Personal Injury for North Carolina on
Q: I have an assigmnet on admissions and genunineness of documents for a train accident any suggestions
Brian F Davis
Brian F Davis answered on Jan 24, 2013

I take it from your question that you are involved in litigation arising from a train accident. A request for admissions is a very serious and legally binding document used in the discovery phase of a civil case. A request for admission regarding the genuineness of a document is designed to get the... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: Looking for the best personal injury attorney in Raleigh, nc. I fell in Walmart store on 1/1/11 due to slippery floor.

Fractured (r) leg & foot, now having problems with pain and swelling in both feet . I honestly need someone with experience who will fight for me. I feel that they're negligence for my injuries. Please contact me.

Brian F Davis
Brian F Davis answered on Jan 24, 2013

There are a number of excellent attorneys in Raleigh to help you with this. I practiced there for 20 years before moving to Asheville, and I personally know most of them. I would suggest you contact my former law partner, John McCabe, who's office is in Cary. John and I tried a case several years... Read more »

1 Answer | Asked in Car Accidents for North Carolina on
Q: Do certain types of minor car accidents, no other cars involved, get a court case dismissed?

Car accident, passed stop sign, no other vehicles involved, first offense

Brian F Davis
Brian F Davis answered on Jan 24, 2013

Generally, if there were no other cars involved, and you ran a stop sign, the case should get dismissed. Most stop sign charges arise out of an officer actually seeing you run the stop sign. Here, the officer has no first hand knowledge of your running the stop sign. To play it safe, I would hire a... Read more »

1 Answer | Asked in Products Liability for Texas on
Q: How many days does a party have after being served to respond to a lawsuit?
Brian F Davis
Brian F Davis answered on Jan 24, 2013

In most states, you have 30 days to respond to a civil action filed in state court and 20 days if filed in Federal Court. You would need to check the Rules of Civil Procedure in your state to find out the specific answer for your state.

1 Answer | Asked in Products Liability for Kansas on
Q: Total hip replacement were Depuy Metal on Metal implant was used is this product liablitiy case or medical mal practic
Brian F Davis
Brian F Davis answered on Jan 24, 2013

In most situations, a defective medical device is treated as a products liability case and not a medical malpractice case. Unless you have evidence that your doctor breached the medical standard of care (medical negligence) during the surgery or knew that the device was defective when he/she did... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: What is the law in NC on personal injury?
Brian F Davis
Brian F Davis answered on Jan 24, 2013

In general, if you have been injured as a direct result of another person's negligence, then you have the right to recover from that person or their insurance company for your medical bills, pain and suffering, including mental anguish, as well as for other things like permanent injury, scars and... Read more »

2 Answers | Asked in Personal Injury for New Mexico on
Q: Can i sue a direct tv employee who assaulted me with a 2 1/4" metal pipe that was 5 ft long during a road rage incident?
Brian F Davis
Brian F Davis answered on Jan 24, 2013

Yes, you certainly can sue that person and Direct TV. If the person who assaulted you was driving the vehicle as part of their employment, then his employer may be legally liable for his bad conduct, particularly if the employee has a history of such behavior. Documentation is the key in civil... Read more »

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1 Answer | Asked in Personal Injury for North Carolina on
Q: Are polygraphs admissible in a civil case
Brian F Davis
Brian F Davis answered on Jan 24, 2013

The general answer is "no." Polygraphs are not considered scientifically reliable enough to prove that the person is lying or telling the truth.

1 Answer | Asked in Legal Malpractice for North Carolina on
Q: What kind of lawyer do I need to sue another lawyer for malpractice?
Brian F Davis
Brian F Davis answered on Jan 24, 2013

You need to hire a lawyer who handles legal malpractice cases. There are not many of us who do this type of work because lawyers do not like to sue other lawyers. Most of the time, these types of cases are also very complex and expensive to handle. Therefore, you need to have significant damages to... Read more »

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