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North Carolina Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: I wrecked my mom's car after swerving to miss a deer does her insurance have to pay me

I was driving my mother's car with permission. I am 45 years old. I swerved to miss a deer causing the car to flip. I hurt my back and have missed 4 weeks of work due to the accident. However her insurance company recently told me that they were not responsible to pay my medical bills or for any... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 19, 2018

If you own a car and have insurance, that insurance is primary. That only covers your medical bills and lost wages (if wage loss was selected). You don't get to sue anyone because a deer caused it. Unless you can show the deer was a pet deer, and the owner didn't confine it, no person is at fault... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: I am home and having a dispute with my neighbor due to his pine trees all over my property line. What can I do?

I have contacted him for the last 10 years and he refuse to cut back his trees. I have a White House and white 6x6 fence that are dirty every year due his trees. It has cost me thousands of dollars to clean my home over 10 years.

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 9, 2018

That is a city compliance issue, you need to file a grievance with them

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for North Carolina on
Q: How long do I have to file a lawsuit for injuries caused by a car accident in NC?
Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 5, 2018

The statute of limitations on a personal injury claim is 3 ys in NC.

1 Answer | Asked in Car Accidents and Personal Injury for North Carolina on
Q: Should I give the other persons car insurance permission to release my car to them after a bad car accident?

Over the week I was involved in a car accident. The other person involved is 100% responsible. I ended up calling her insurance company to file a claim. Now I have her insurance company contacting me to give them permission to release my car to them. Should I speak with a lawyer first & let them... Read more »

Bill Powers
Bill Powers answered on May 14, 2018

GOOD QUESTION

Talking to a lawyer, at least to get general information about how to proceed, is a good idea. Many, if not most, "personal injury" lawyers in NC give a FREE CONSULTATION. I put "personal injury" in quotes because an important consideration is whether there were injuries or...
Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for North Carolina on
Q: How do I get my neighbor to stop feeding my dog her leftovers? I've asked, given a letter she still puts in my yard?

I've asked her to stop in person a couple times, written a letter and given it to her and talked to her landlord. She stops for a while then starts up again. Is there anything else I can do? My yard is fenced in and I should be able to let my dogs out into it without any problems or having to go... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Set down and talk to her. Maybe with someone else --like a vet assistant --so she won't want to look bad by giving you an issue.

1 Answer | Asked in Car Accidents and Personal Injury for North Carolina on
Q: A visually impaired driver has a car accident. Who is liable if their doctor never informed they should not drive?
Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Depends on whose fault the wreck was. If it was their fault they are, their Doctor may have some liability unless the vision was correctable. If doctor said get glasses, they don't --not the doctor's fault.

1 Answer | Asked in Personal Injury for North Carolina on
Q: How do i obtain my insurance claim if no one has record of what insurance company has the settlement in it's possession?

When I was 4 my mom stood for me in court as I was a minor. I was injured at a daycare and my mom sued them for 60,000. The lawyer took 20%. Years later I am now eighteen years of age and am in search of the insurance company who has the money. The lawyer, court, and even the daycare claim they... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2018

Normally the agreement would have the name of a bank where the funds were to be deposited. The lawyer would have to have some records. If not you can ask the local bar association

1 Answer | Asked in Criminal Law, Real Estate Law and Personal Injury for North Carolina on
Q: We need help bad. Long story but, my neighboor just cut limbs off of my holly bushes tree without our permission

This was done out of spite. Can i take her to court? Trees are on my property. Now my trees are damaged. 11 trees damaged out of 19. We paid $2800 thats when they were little trees. We also had our land surveyed and she remives our stakes thats on her side. She claims that our fence is on her land... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 24, 2018

If the limbs crossed over into your neighbors property she can likely cut them as long as it doesn't kill the tree. Your best bet is to consult with a local attorney and start costing her money as well. Usually after getting spanked in the wallet a couple of times, neighbors start keeping to... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: My wife was prescribed a 14 day supply of 750mg levofloxacin for acute sinusitis. Do we have a case?

Levofloxacin has severe and major side effects, and for this reason the FDA says not to prescribe it for sinusitis because the potential side effects outweigh any benefit when the infection is minor. The most common major side effects are Peripheral Neuropathy which is chronic and can be... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 17, 2018

Save the drug,wrapping,receipt,box,etc.

Right now it's hard to tell if a) her getting the rx was inappropriate b) what it is that's causing her problems. The FDA does approve it so it's not wrong to prescribe.

Get a referral to an ENT/sinus specialist. Do not get into the above...
Read more »

1 Answer | Asked in Personal Injury and Domestic Violence for North Carolina on
Q: Is It Possible To Sue Somebody For Domestic Abuse 3 Years After ?
Peter N. Munsing
Peter N. Munsing answered on Jan 3, 2018

you have 3 years from the date of the last injury. If it's within that time frame the other question is,if successful are you likely to be able to collect on that. Speak with the attorney who handled your divorce for starters. If not married, consult a member of the NC Assn for Justice--they give... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Social Security for North Carolina on
Q: would like to know some keywords that the administrative board looks for when approving benefit determinations

i have been denied twice. now i am at the stage of "request for hearing by administrative law judge"

Peter N. Munsing
Peter N. Munsing answered on Dec 8, 2017

basically don't focus on key words --you need to look at the medical records they have. Your medical records need to show that you have a disabling condition and the reasons why that is. This would be usually in the medical records but most often in a letter from a doctor that discusses why they... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Juvenile Law for North Carolina on
Q: I was charged as a minor but convicted as an adult. Is there anyway, besides expungement, to get those charges removed?

When I was 16 I got into a lot of trouble. The court system waited until I was an adult to fully convict me of a misdemeanor marijuana possession (1/2 > 1 & 1/2 oz) and now it's causing damage to my adult life. Is there any way to put these charges onto my juvenile record so that they will no... Read more »

Kristen Dewar
Kristen Dewar answered on Nov 22, 2017

There is no other way in NC to remove charges from your criminal record other than expungement. $4000 is a lot for an expungement of this type. I would keep calling around for quotes.

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for North Carolina on
Q: Can you use the same evidence obtained during a civil case in a separate tort commission case?

I'm asking for someone who is in prison. He was attacked by prison guards who used unreasonable force and violated his amendment rights. He gained evidence against them in a civil lawsuit, and they admitted to hurting him. However, now they're doing a tort commission case, and his only evidence... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 6, 2017

Usually if it's admissable in civil court it's admissable in other courts, certainly in administrative proceedings. Presumably he has an attorney and should ask them.

1 Answer | Asked in Personal Injury for North Carolina on
Q: AT&T employee left the latched gate open. My dog got out and injured my neighbors cat resulting in vet bill of $800.

I would like to pursue reimbursement for the injuries done.

Peter N. Munsing
Peter N. Munsing answered on Nov 3, 2017

You may try but it wll be he said you said.

1 Answer | Asked in Personal Injury for North Carolina on
Q: I fell thru my porch and hurt my left leg. I been renting this house for 5 years now. Went to ER. Should I sue them
Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

Depends on your injury.Why not consult a member of the NC Assn for Justice--they give free consults.

1 Answer | Asked in Personal Injury and Real Estate Law for North Carolina on
Q: I am a heir with 2 of my sisters to my deceased parents home and land . I want to move my son into the home and fix it

Can I allow my son to move into the home

Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

If the other sisters are agreeable. Note however if they want to put it on the market, they aren't legally obligated to compensate your son for any fix up work he does.

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: After getting a prescription filled and taking it I realized the pharmacist gave me the wrong medicine. What is my legal
Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Aug 31, 2017

I have had two or three of these cases over the past 35 years of practicing personal injury law. The answer to your question is the answer to this question: What happened to you after you took the medicine? Without knowing what happened to you, if anything, there can be no way of advising about... Read more »

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1 Answer | Asked in Personal Injury for North Carolina on
Q: While doing work at a clients home their dog got in the way of loading lawn mower which caused personal injury.

Part of finger was cut off. Is home owner liable?

David Alan Wolf
David Alan Wolf answered on Aug 13, 2017

There may be a claim or case against the neighbor for the injuries caused by the dog. It appears that North Carolina has strict liability for dog bite and dog attack cases. The pursuit of the case will depend on the situation, the particular fact pattern, the availability of homeowner's... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: if you slip and fall in a retail store in n.c. what are the responsibility of the store to the customer/

I did not break any bones , but have a pulled muscle and lots of pain and bruising. i went to the hospital by ambulance. the claims adjuster says that in North Carolina there insurance will only pay a certain percentage ,

David Alan Wolf
David Alan Wolf answered on Jul 31, 2017

As I understand it, North Carolina is a tough state for personal injury victims as applied to slip and fall OR trip and fall cases. North Carolina has contributory negligence laws in place. As such, if the victims is determined to be only partially at fault for the incident, this may, in turn,... Read more »

1 Answer | Asked in Personal Injury for North Carolina on
Q: Can you explain what comparative negligence means?
David Alan Wolf
David Alan Wolf answered on Jul 20, 2017

Comparative negligence refers to the situation in which two or more people or entities are at fault for an incident or accident. For instance, let's say that a driver is turning left into the right of way of a speeding driver. Under this scenario, it appears that both drivers are comparatively at... Read more »

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