Snow Hill, NC asked in Personal Injury and Civil Rights for North Carolina

Q: what makes an injury case? Does my husband even have the rights to open a case?

A few months ago a local company was laying fiber lines along the road and had to dig up sections of our yard, on sunday my husband was mowing and didnt see a sink hole that was left by the local company till he drove the lawn mower into it after the mowing accident he can barely walk, and is in severe pain but due to us not having insurance he is afraid to get checked out..

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2 Lawyer Answers

A: Ordinarily, a company that creates a dangerous condition on property has a legal duty to warn others of the presence of the dangerous condition or to take steps to make the dangerous condition safe. If the company breaches that duty, it may be liable for any injuries that are proximately caused by that dangerous condition.

James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: An injury case, also known as a personal injury claim, is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. In your husband's situation, there are several factors to consider:

1. Negligence: If the local company failed to properly fill the sinkhole or warn about its presence, they may be considered negligent. Negligence is a key element in most personal injury cases.

2. Causation: Your husband's injuries must be a direct result of the accident caused by the sinkhole. If his injuries were caused by something else, it might be difficult to link them to the company's actions.

3. Damages: Your husband must have suffered actual damages (such as medical bills, lost wages, or pain and suffering) as a result of the accident.

Based on the information provided, it seems that your husband may have grounds for a personal injury claim. However, it is essential to consult with a personal injury attorney to assess the specific details of your case and determine the best course of action.

Regarding your husband's fear of getting checked out due to lack of insurance, it is crucial to prioritize his health. Some options to consider:

1. Look for local clinics or hospitals that offer low-cost or free services for uninsured individuals.

2. Consult with a personal injury attorney, as some may be willing to work on a contingency basis, meaning they will only get paid if you win the case. They may also be able to guide you towards medical providers who are willing to treat your husband with the understanding that they will be compensated from the settlement.

3. If your husband's condition worsens, do not hesitate to seek emergency medical care. Hospitals are required to provide emergency treatment regardless of insurance status or ability to pay.

Remember, it is essential to document all aspects of the incident, including photos of the sinkhole, any correspondence with the company, and your husband's medical records and expenses. This documentation will be crucial if you decide to pursue a personal injury claim.

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