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North Carolina Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for North Carolina on
Q: What if the average amount you can get for slip and fall at Walmart in NC Has proof all damage was caused by the fall

Also I had to get a total knee replacement due to the fall

N'kia (NLN)
N'kia (NLN)
answered on Oct 9, 2023

That information isn't generally available to the public, in part because so many cases are handled through CONFIDENTIAL settlement.

Also, in a personal injury case, a plaintiff has the burden of proving what they are entitled to recover. The end result of a case is based on the facts...
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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.

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1 Answer | Asked in Personal Injury for North Carolina on
Q: If I burned my breast from pizza roll sauce and it left a small scar on my new breast augmentation can I sue?
Steven Richard Smith
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Steven Richard Smith
answered on Aug 20, 2023

Well, first off, anyone could sue for anything. The actual question is whether you will be successful. In my opinion, you would not be successful. In order to be successful you have to prove that the party against whom you are making a claim was negligent. First of all, you dropped the sauce on... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: If my appendix burst because the hospital waited over 8 hours to do my surgery, Do I have a case?

My original CAT scan showed my appendix was still intact. I waited between 8-12 hours for my surgery to take place even though they knew I was having pain for 3 days previously & there was a chance my appendix could perforate. It did & I had a bad gangrenous infection & had to stay in... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 9, 2023

Yes it is possible this is malpractice. Another doctor would need to review the records and determine if the health care providers breached the standard of care in the delay and if that delay caused your damages. Additionally, the nature and extent of your harm will determine the viability of a... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I had a cast on after surgery that has caused damage to my hand. Is there any I do?

I had surgery on my thumb CMC joint on February 22, 2023. My surgery in the joint went well. However they placed me in a cast for a month after my surgery. I emailed my doctor twice that my cast was too tight and my fingers were swollen and I was in constant pain. The doctor had me go for a cast... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 8, 2023

You may have a valid medical malpractice case. Another doctor would need to evaluate what was done to see if the doctors acted below the standard of care and if their malpractice is what caused your damage. Consult with an experienced medical malpractice attorney in the state where this occurred.

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
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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.

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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 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.

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case....
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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...
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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

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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,...
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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.

1 Answer | Asked in Personal Injury for North Carolina on
Q: How to select a personal injury lawyer,and what do i tell hospital
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2023

A North Carolina attorney could advise best, but your question remains open for a week. It's difficult to offer guidance on such a question in a few quick lines. But for starters, you could go online and research attorneys. You could call them on the phone and speak with them. Most personal... View More

2 Answers | Asked in Personal Injury, Products Liability, Education Law and Health Care Law for North Carolina on
Q: My dormitory at my college is infested with cockroaches, disgusting, and I have gotten sick many times this year. Help

Can I sue for this?

Tim Akpinar
Tim Akpinar
answered on May 3, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. Many law firms would be reluctant to handle such an injury case on a contingency basis. Due to the costs of litigation, most firms seek out cases with more clear-cut damages. Good luck

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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.
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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...
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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...
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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 Criminal Law for North Carolina on
Q: If someone handed the person the tire iron who they be charged too. And the woman mased me before she hit me in the heed

She split my ear in half. It was all recorded on a ring door bell but they erased it. Can u recover the video

Nick Benjamin
Nick Benjamin
answered on Jan 6, 2023

These are very specific questions, but there’s no background to describe exactly what happened and to whom. You should contact a defense attorney, who can hear the story and give you advice. Most offer free consultations over the phone.

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

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