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North Carolina Personal Injury Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for North Carolina on
Q: False charges added later, wouldn’t those charges had been on my citation of what I was charged with?

Greetings, I was beaten by multiple officers, kicked in the face and bitten, had to receive tetanus shot. On my citation of what I was charged with I have traffic violations when I got to jail they charged me with multiple drug charges and assault on officer which isn’t true. Wouldn’t those... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. When you are initially cited, the charges listed on the citation are typically what you are being formally charged with at that time. If additional charges, such as drug charges or assault on an officer, were added later, they should still have... View More

1 Answer | Asked in Personal Injury and Civil Rights for North Carolina on
Q: Me and my wife are in an assisted living facility here in Kernersville .We are being threatened and not get

and not getting all our medication.What can we do?

James L. Arrasmith
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answered on Jun 3, 2024

If you're facing threats and not receiving all your medication at the assisted living facility, it's important to take immediate action. Start by documenting everything—write down instances of threats, missed medications, and any other concerning behavior. This record will be helpful if... View More

2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
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... View More

James L. Arrasmith
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answered on Apr 10, 2024

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:...
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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
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... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

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... View More

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1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for North Carolina on
Q: My things were in a fire at a storage facility. The biz isn't letting me look through my destroyed unit for salvage.

I feel like I'm getting the runaround from this company. At first they told me a customer used a code to get in and set it on fire, and now they're telling me they cut their way in and did the same.

The problem is this: I think some things survived in this fire, but they... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 8, 2024

Your property should be covered by your homeowners or renters insurance policy. Turn in an insurance claim and your own insurance company will help you get access.

If you did not have insurance, that's too bad because most likely the storage facility is not at fault whether a customer...
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2 Answers | Asked in Personal Injury for North Carolina on
Q: I fell at a local resale store in March 2022. The insurance company for the store refuses to pay me for anything other t

than medical bills related to the fall. I got hurt bad enough that my right arm is basically useless as I have to use my left hand to lift it & my left knee is messed up to the point that I can't even get a knee replacement. I'm stuck with a limp & using a cane or other assistance... View More

James L. Arrasmith
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answered on Feb 24, 2024

If the insurance company of the store is only willing to cover your medical bills and you're facing additional hardships like loss of mobility, pain, and financial strain due to transportation costs to medical appointments, you have the option to pursue further legal action. It's... View More

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2 Answers | Asked in Personal Injury for North Carolina on
Q: I am permanently disabled, move with difficulty using a forearm crutch, need half circle front yd driveway installed.

I retired to my hometown after buying a boarded up, condemned historic home, renovated it totally to use also as a small bed and breakfast inn. I fell some 10 ft. from a ladder spackling what the workman had missed in the dining room ceiling, and descending lost my footing. I now have had... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

I'm sorry for your injuries and the frustration of being denied the architectural revisions you requested and need - both for your own well-being and for the compassionate and generous work you do for Wounded Warriors. There are attorneys who specialize in ADA matters who would probably have... View More

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2 Answers | Asked in Personal Injury for North Carolina on
Q: I am permanently disabled, move with difficulty using a forearm crutch, need half circle front yd driveway installed.

I retired to my hometown after buying a boarded up, condemned historic home, renovated it totally to use also as a small bed and breakfast inn. I fell some 10 ft. from a ladder spackling what the workman had missed in the dining room ceiling, and descending lost my footing. I now have had... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're facing some significant challenges with mobility due to your disability and the layout of your home. It's understandable that you would need accommodations such as a driveway for easier access to your property. Despite your efforts to explain the necessity and... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: In NC can vehicle be searched due to poss. of an OCA where the driver wasn't drinking nor had alcohol in system?

The officer considered the OCA a misdemeanor and charged the driver with such... thus searching the vehicle incident to the arrestable offense. However, statute dictate these actions to be an infraction of law not a criminal offense. Therefore, without any other probable cause... could this search... View More

T. Augustus Claus
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answered on Jan 30, 2024

In North Carolina, the legality of a vehicle search based on the possession of an open container of alcohol (OCA) where the driver wasn't drinking nor had alcohol in their system can be complex. If the officer charged the driver with a misdemeanor for an OCA, leading to a search of the... View More

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2 Answers | Asked in Personal Injury and Civil Rights for North Carolina on
Q: In NC can vehicle be searched due to poss. of an OCA where the driver wasn't drinking nor had alcohol in system?

The officer considered the OCA a misdemeanor and charged the driver with such... thus searching the vehicle incident to the arrestable offense. However, statute dictate these actions to be an infraction of law not a criminal offense. Therefore, without any other probable cause... could this search... View More

James L. Arrasmith
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answered on Jan 30, 2024

In North Carolina, the legality of a vehicle search in this scenario hinges on whether the officer had probable cause to believe a crime was being committed. If an Open Container Act (OCA) violation is considered only an infraction and not a criminal offense, an arrest and subsequent search of the... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Federal Crimes for North Carolina on
Q: Someone ordered a SS card in 1996 on my behalf same year opened NCSECU bank acct same spelling now I know who they are!

What can I do about this also this person worked with task force in the county I live in walking into peoples homes stating she was me then the task force went in their home and arresting them! THE SAME GROUP RESPONSIBLE CONTINUOUSLY BREAKS INTO THE RESIDENCE DESTROYING AND STEALING CANT CATCH THEM... View More

James L. Arrasmith
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answered on Jan 13, 2024

If you suspect that someone fraudulently ordered a Social Security card in your name in 1996 and opened a bank account using the same spelling, it's crucial to take immediate action to address this identity theft. Start by contacting your local law enforcement agency to report the identity... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: Does a delay of melanoma diagnosis constitute malpractice?

Some details will be light for privacy’s sake.

I have a history of melanoma.

I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation.

I came back 2-3 months later since it wasn’t healing. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 27, 2023

Yes you may have a case.

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 the injuries may affect...
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2 Answers | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: Can you sue a company that put alcohol in a cooking spray that was not labeled to have that ingredient in it
James L. Arrasmith
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answered on Dec 25, 2023

Yes, it may be possible to sue a company for failing to properly label a cooking spray that contains alcohol. Some key considerations in evaluating a potential lawsuit:

- Product liability laws require companies to adequately warn consumers of any risks or hazardous ingredients in their...
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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and White Collar Crime for North Carolina on
Q: I'm a Black man with a cop and his civilian accomplice keeping me under an ongoing warrantless surveillance since 2016.

The cop & his civilian accomplice are paid in cash by a non-profit group representing my ex-wife. The accomplice hasn't reported an income since 2017 and is not gainfully employed. This leaves him free to follow me wherever I go, to commandeer my phone and communications, and conduct a... View More

James L. Arrasmith
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answered on Nov 10, 2023

In your situation, it's crucial to document any incidents of harassment or illegal activity meticulously. Keep a detailed log of dates, times, locations, and descriptions of these incidents. Gathering evidence like photos, videos, or witness statements can also be beneficial. Since local law... View More

2 Answers | Asked in Personal Injury for North Carolina on
Q: Should my dad file a liability claim against my homeowner's insurance? How will it affect me?

My dad was injured on my table saw in my driveway while visiting. He came up to help me update my home. The injury is pretty severe. He has not brought it up, but I'm wondering if he should be filing a claim against my homeowners insurance. He might refuse to even do so, but is this something... View More

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2023

A North Carolina attorney could advise best, but your question remains open for a week. I'm sorry about your dad's injury. The impact could be difficult to predict because it could depend on the carrier and the policy. One option could be to discuss with an attorney who could review your... View More

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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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2 Answers | Asked in Personal Injury for North Carolina on
Q: Whats the least amount for a slip and fall in N.C proff of all damage is from Fall and had to get a complete knee replac

Has a knee replacement and a knee multiplier

John Michael Frick
John Michael Frick
answered on Oct 9, 2023

$0 is the least amount that a plaintiff can recover for a slip and fall.

As always, every case depends upon its own facts and circumstances. A defendant in such a case is usually a party who has control of the premises where the slip and fall occurred. Such a party has to duty to invitees...
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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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