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North Carolina Personal Injury Questions & Answers
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

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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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.

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....
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.

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 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
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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

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