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North Carolina Personal Injury Questions & Answers
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... View 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... View 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... View 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
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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... View 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
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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,... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: Can you explain what comparative negligence means?
David Alan Wolf
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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... View More

1 Answer | Asked in Contracts, Personal Injury, Business Law and Car Accidents for North Carolina on
Q: If I'm paying my vehicle off 11 months early am I legally obligated to pay the interest of the full term

The vehicle was 3500 cash he agreed to finance it for one year with 1500 down after a month I made my first payment of 300 the next day I was hit insurance has totaled the vehicle he is saying the payoff is 3300 after financing it for a year it would have been 5100 at $300 a month however I've... View More

Paige Kurtz
Paige Kurtz
answered on Jun 22, 2017

If there is a written contract, then the terms of the contract govern what you must pay. Typically lender contracts have clauses that cover early payment. If this is just an individual, then it is the terms that you agreed to whether in writing or verbal. If you did not agree to pay interest for... View More

1 Answer | Asked in Civil Litigation and Personal Injury for North Carolina on
Q: A 17-year old beat up an 18-year old and put him in the hospital. Can his parents sue the other parents for bills?
Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

The 18 year old can sue. However why not file a criminal complaint and ask for the bills to be paid in restitution.

1 Answer | Asked in Personal Injury for North Carolina on
Q: I am a victim in a damage to personal property case, is there a lawyer that can be on my side?

Extensive damage was done to my vehicle. Never been through this so I was looking for someone to help me with my case.

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

First, get two estimates of repairs. Make copies. Send them to whoever you expect to pay. If you were hurt in the car and it was a wreck with another car, contact a member of the NC Association for Justice--they give free consults.

1 Answer | Asked in Personal Injury for North Carolina on
Q: I was at a hospital with excruciating hip pain.I had xrays done and then a cat scan.THE TECHNICIAN FORGOT THAT SHE HAD

DONE THE IMAGES AND CLOCKED OUT AFTER HER SHIFT LEAVING ME IN THE ER FOR HOURS WITH NOBODY KNOWING WHATS GOING ON.AFTER SOME HOURS THE DOCTOR CAME BACK AND TOLD ME THAT SHE HAD SIMPLY FORGOT AND WENT HOME.NEXT DAY I RECEIVED A CALL FROM HER SUPERVISOR APOLOGIZING.SINCE THEN THEY HAVE CONDUCTED AN... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

None. It was a foul up, but you don't sue because of foul ups if the only fallout is pain. Sorry. If you get billed you can talk to them about eating the bill.

1 Answer | Asked in Personal Injury for North Carolina on
Q: can u hold a state responsible?

this person was in a home for mental /behavior troubled youth in 1985 where priveleges were awarded per a point system4 good behavior to boys as young as 14 and smoking was one of the privleges awarded. some kids had this writen into their treatment plans as a reward .. this person was... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

Unlikely to succeed because there are too many legal jumps. There is also a statute of limitations that would likely bar the case. Contact an attorney handling tobacco litigation for starters.

1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: I was involved in an accident with U-Haul with me and my children and have a few questions I would like to have asked.

A rep came to my house yesterday without contacting me no email, no call, or anything and wanted me to sign some paperwork. To pretty much say that I lied about the accident and that I new the individual who drove the U-Haul truck.

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

You want to contact a member of the Trial Lawyers Assn or Assn for Justice of the state where the injury happened. Do not make statements or agree to anything until you've done that.

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and Wrongful Death for North Carolina on
Q: Can someone be charged if they got from under the steerin wheel allowed a drunk person to drive which resulted in death

The person was driving the drunk person around in the drunk persons vehicle for hours then after promising family he wouldn't let him drive got out and left him to drive himself

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

They could but Police have to charge. They can try a civil case in which case contact a member of the NC Assn for Justice--they give free consults.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for North Carolina on
Q: Do I have a right to see a child abuse incident report now it's been dismissed in court?

I was arrested on suspicion of child abuse in 2015. Due to my kids dad being military, I was able to respond to some allegations through the FAP program.(which reads statements from the incident report)1 This is how I found out that some statements in the police incident report were incredibly... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 17, 2017

Possibly through your state's police regulations. Generally, should have been released through the criminal discovery process. Speak with the NC Civil Liberties Union.

1 Answer | Asked in Personal Injury for North Carolina on
Q: MY WIFE FELL OVER A PAIR OF SLACKS LAYING ON THE FLOOR IN BELK'S DEPT. STORE HOW LONG SHOULD WE WAIT FOR A SETTLEMENT

HAVE BEEN CONTACTED BY THEIR INSURANCE COMPANY ONLY TO ASK HER QUESTIONS ABOUT THE ACCIDENT AND HAVE NOT HEARD ANYTHING FROM THEM SINCE. I TOOK HER TO URGENT CARE TO GET CHECKED OUT BECAUSE SHE FELL ON HER WRIST AFTER X-RAYS NO BROKEN BONES WERE FOUND JUST VERY BAD SPRAIN. WE HAD TO PAY FOR THE... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

What settlement? Their response will be it was "open and obvious" she should have been able to see it.

Contact a member of the NC Assn for Justice--they give free consults and can give you an estimate of it's worth down there.

Did you ask that they hold any store surveillance video?

1 Answer | Asked in Criminal Law and Personal Injury for North Carolina on
Q: My son who is 10 was sprayed in the face by his teacher with a cleaning product she was suspended should i file charges

Against the teacher or cms for lawsuit...

Peter N. Munsing
Peter N. Munsing
answered on Feb 15, 2017

Technically you can, but if he has no injuries it would be for the medical bills primarily. Consult an attorney who handles education law and is a member of the NC Assn for Justice.

1 Answer | Asked in Personal Injury for North Carolina on
Q: can you sue a school for taking you on field trip to a cigarette factory in the early 80s? started smoking at young age

i been trying to quit and been thinking why i even ever started smoking and my thoughts led to that memory of visiting the cigarette factory and watching how they made cigarettes.

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2017

No. You had free will and that's like saying the marlboro man is guilty (even if you smoked Kools). There's a group called Smokenders that have a good program; if there are none in your area many of the 7th day adventists have good programs (that aren't based on their church--they... View More

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