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North Carolina Personal Injury Questions & Answers
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
PREMIUM
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 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

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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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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 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

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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 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.
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 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 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

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 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

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