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North Carolina Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Products Liability, Education Law and Health Care Law for North Carolina on
Q: My dormitory at my college is infested with cockroaches, disgusting, and I have gotten sick many times this year. Help

Can I sue for this?

Tim Akpinar
Tim Akpinar
answered on May 3, 2023

A North Carolina attorney could advise best, but your question remains open for two weeks. Many law firms would be reluctant to handle such an injury case on a contingency basis. Due to the costs of litigation, most firms seek out cases with more clear-cut damages. Good luck

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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.
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Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Criminal Law for North Carolina on
Q: If someone handed the person the tire iron who they be charged too. And the woman mased me before she hit me in the heed

She split my ear in half. It was all recorded on a ring door bell but they erased it. Can u recover the video

Nick Benjamin
Nick Benjamin
answered on Jan 6, 2023

These are very specific questions, but there’s no background to describe exactly what happened and to whom. You should contact a defense attorney, who can hear the story and give you advice. Most offer free consultations over the phone.

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, 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.

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