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North Carolina Personal Injury Questions & Answers
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, Education Law and Juvenile Law for North Carolina on
Q: Is it illegal to put sawdust in someones drink ?

Actually Cheetos and sawdust.

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. Yes, it's illegal virtually anywhere in the U.S. as well as being actionable under civil law. Good luck

1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: I was involved in a car accident in 2020, where the driver hit me from behind and pushed my car under a truck ahead of

me. My husband and I required extensive hospital and PT. We met with mediation with our attorney. Now our attorney is saying the driver only had $50.00 accidental per person which does not cover our bills. What can we do

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. Nationwide, auto policies often have provisions for uninsured motorist and underinsured motorist protection. Such coverages are governed by state law, in terms of their statutory requirements. Therefore, only... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for North Carolina on
Q: Can a Work Comp patient file a separate Medical Malpractice claim against the WC doctor who caused a secondary injury?

The WC doctor ordered an EMG/NCS test (#1) in September, 2020 with an abnormal study indicating minimal nerve damage at my L5 nerve root which suggested a possible recovery time of 8 weeks from a slip & fall injury.

WC doctor ordered PT in October 2020 where I was placed on a Lumbar... View More

Martha Ramsay
PREMIUM
Martha Ramsay
answered on Sep 14, 2022

Yes, an injured worker can file a separate medical malpractice claim when the doctor is not an employee of the same company. While often referred to as “WC” doctors, they usually are not employed by the company where the worker was injured or the workers’ compensation carrier.... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: Is pain and suffering x3 for medical and lost wages in NC? Or just Medical?

I'm working with an insurance company they're telling me pain and suffering is only multiplied by medical costs. Everything else I see says lost wages and medical expense past and future. "economic damages" They're offering me a ridiculously low offer that doesn't even... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2022

A North Carolina attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, the general rule nationwide is that pain and suffering are not bound by such formulas or ratios. People sometimes use such ratios as a rough rule of thumb,... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: While working was bit by a dog that pushed door open after being told dogs didn’t bite. Mental trauma, would I have case

North Carolina. No case pending. I was bitten by a dog while working Saturday in a woman’s yard, I’m a pest control technician. I didn’t require hospital attention but was bleeding and definitely still sore. I didn’t do workman’s comp because I felt at the time it wasn’t that bad. Well... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 4, 2022

You have a claim against the dog owner for negligence and strict liability. Most homeowners insurance policies nowadays do not cover animal attacks unless the insured has purchased an animal attack insurance rider. Contact a North Carolina personal injury attorney for representation to get out a... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: Is it possible to get medical bills covered in a go kart accident at an amusement park if it was because the brakes?

I was sitting still in exit lane waiting to get out of the go kart. The kart coming in behind me brakes did not engage and they slammed into the back of me.

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. It is possible; that doesn't necessarily mean a facility will automatically accept blame and offer reimbursement. It would be helpful if there was a report or some form of documentation that identified... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I experienced medical malpractice in 2018 when I gave birth to my son who is now showing signs of behavioral issues.

I walked into my local hospital ER 28 weeks pregnant. I walked in the ER doors and told the nurse my name, bday, the fact that I was 28 wks pregnant, bleeding and in pain. They were busy but she acknowledged all I said, printed out a wristband an had me sit in the waiting room for 7 hours like this... View More

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. To answer your question, you could reach out to med mal attorneys in North Carolina to discuss in detail. If a law firm felt there could be grounds for a viable case, they... View More

2 Answers | Asked in Personal Injury for North Carolina on
Q: If I'm renting my home and the floor is rotted And I fall through it can I take legal action.
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 13, 2021

You may. Your landlord could be negligent for either failing to maintain the property and a safe habitable condition due to a failure to perform reasonable inspections or to perform repairs within a reasonable time after being notified of of the condition of the floor.

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1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Could someone tell me what's going on with the hernia mesh lawsuit against Bard

I'm supposed to be part of the law suit. But the lawyer I hired keeps giving me a date further away when I ask about a settlement

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2021

A North Carolina attorney could advise best, but your question remains open for two weeks. As a general matter, there are delays being experienced nationwide with many types of cases, largely related to COVID. Without knowing the details of your case, as a general matter, larger multi-district... View More

2 Answers | Asked in Personal Injury for North Carolina on
Q: My daughter passed away in North Carolina Charlotte at her boyfriend's house. Would the homeowners INS.

Homeowners insurance cover this she died of an overdose

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Nov 19, 2021

In order to have a claim under homeowners insurance you would have to show negligence to make a claim under the liability coverage. Homeowners policies often have medical payments coverage that covers medical bills for injuries arising on the property, but I don’t frankly know whether it would... View More

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2 Answers | Asked in Car Accidents, Civil Rights and Personal Injury for North Carolina on
Q: Can police refuse a request to breathalyze the other party at an accident when asked to do so by the other motorist?

A red light was run and the police refused to breathalyze the driver even though I requested them to. He was notably impaired. His excuse was ‘the guy was a doctor’ and he didn’t have probable cause

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 5, 2021

In answer to your question, yes. I don't think his excuse is valid however law enforcement is not require to have each driver involved in a MVA given a breathlyzer test. Now, if you think the law enforcement really breached his duties, then you can assert a complaint with his supervisor or... View More

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1 Answer | Asked in Personal Injury for North Carolina on
Q: I was assaulted by a family dollar employee and his boyfriend
Stephen Arnold Black
Stephen Arnold Black
answered on Aug 12, 2021

Yes you have a case against the store that employed the assailant, if he had a history of violence and the store knew or should’ve known before they hired him. Retain counsel in your state to represent you on a contingency fee basis, which means you don’t pay anything unless you win.

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: I have been using J&J product for 2 years now and it had definitely caused me a lot of hair loss, can I sue them?

I’m having issues with my scalp, hair loss (lots of it) doctor visits and etc. knowing this I’m feeling like I have been frauded and taken advantage of.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 20, 2021

You will need qualified medical expert testimony that establishes the product caused your injury in order to have a good case. Product liability cases are very difficult to handle without a lawyer. I recommend you have a personal consultation with a personal injury lawyer to evaluate your case.

1 Answer | Asked in Personal Injury for North Carolina on
Q: Can someone sue me if I sell them a trampoline?

I have a brand new 15 foot trampoline still in the box that I bought from Walmart. If I sell the trampoline to someone, and if that person/family unfortunately suffers an injury while using the trampoline (on their property), can they sue me?

Rishona Peace
Rishona Peace
answered on Mar 20, 2021

Anyone retains the right to sue but given the details as you explained, the short answer is that the buyer would not prevail in a lawsuit for personal injury.

1 Answer | Asked in Personal Injury and Products Liability for North Carolina on
Q: I used a hair dye on my beard and it caused serious chemical burns and face to swell and leakage

Can I sue the company even though it was hair dye not beard.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 10, 2021

Anyone can sue anyone for anything. Your suing would not be as much a stretch as this one, but you’ll either need to pay an attorney potentially tens of thousands of dollars or secure contingency representation.... View More

2 Answers | Asked in Personal Injury for North Carolina on
Q: I was hit walking down the road by an oncoming vehicle on the 11th of this month and disagree with the report

The officer that who wrote the report was the same officer that I had a conflict within a past case in 2012 there was nothing kind said to one another and I think that this had something to do with the report being written the way that it was , I don't think it was fair! I have talked to an... View More

Jordan Jewkes
Jordan Jewkes
answered on Dec 30, 2020

Under the law you have the right to request the police officer change or amend the police report, for clarity. Perhaps another attorney can offer additional guidance after viewing the police report.

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1 Answer | Asked in Insurance Defense and Personal Injury for North Carolina on
Q: I fail out of a chair in a restaurant owner will not Release insurance information how can I find that out?
Rishona Peace
Rishona Peace
answered on Dec 27, 2020

Best suggestion is to hire an attorney. An attorney will help navigate that process, and either contact the restaurant with a settlement demand or a legal complaint filed as a civil lawsuit based upon justifiable damages that you sustained as a result of the fall. Our firm would be more than happy... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: Was renting a home in the Outer Banks and there was a slip and fall injury resulting in a broken foot. What can I do?
Tim Akpinar
Tim Akpinar
answered on Dec 20, 2020

A North Carolina attorney could advise best, but your question remains open for two weeks. It could depend on the rental agreement and what provisions it makes for coverage. But more fundamental than that, it could depend on how the slip and fall accident that resulted in your injury took place. A... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for North Carolina on
Q: How could I find out if my lawyer filed my case or not
Tim Akpinar
Tim Akpinar
answered on Dec 17, 2020

A North Carolina attorney could answer best, but your question remains open for a week. The most straightforward way is to simply ask your attorney. When I file suit, I give clients a copy of the summons and complaint for their records. Depending on the court system involved, it's possible... View More

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