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North Carolina Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights and Education Law for North Carolina on
Q: Withdrew son from school due to bullying.

Our 7 y.o. son was verbally and physically bullied at his school. We contacted his teacher, guidance counselor, Assistant Principal, Principal, Assistant Superintendent and the Superintendent. We also contacted the School Board. Over the 4+ months this occurred nothing seemed to get done. The... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

For starters you could request an IEP and get a better place. There's usually no great answer on bullying. There should be a center in NC that deals with education law issues. The Education Law Center in Philadelphia might have the names of some NC organizations or where you can go to get such... View More

1 Answer | Asked in Contracts, Family Law and Personal Injury for North Carolina on
Q: What is the legal validity of a signed contract as an affidavit, admitting to habitual use of force?

I've been in a relationship with a female whom has a compulsion to use force when triggered. When arguments heat up to diminishing returns, I attempt to leave. She is not large enough to cause physical harm. These instances are about 12 times over 2 years. We currently live separately. She... View More

Brian Lehman
Brian Lehman
answered on Jan 20, 2017

That wouldn't be a contract. A contract is a legally binding agreement to do or not do something. She hasn't agreed to do anything nor have you. She is just affirming that she gets physical or has in the past. An affidavit is a sworn statement.

Regardless, you are taking on a...
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1 Answer | Asked in Personal Injury and Workers' Compensation for North Carolina on
Q: Who pays compensation if I was injury in car accident while working for my company .

Work mans Comp on my job has been paying ,They will collect from car insurance Company that hit me from behind Who pays me for pain and suffer

Peter N. Munsing
Peter N. Munsing
answered on Jan 5, 2017

First you should ask your attorney. If you don't have one you need one--you need to make sure comp doesn't get more than it should, have to deal with underinsured coverages, it is not do it yourself time. Don't have an attorney ? Contact a member of the NC Advocates for Justice in... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for North Carolina on
Q: Sues Landlord LLC for personal injury,His attny says case shld be dismissed for me not suing thru Secretary of State1st

If I served him at his place of business .Can he still use this as a defense to have it dismissed or Is there a defense I can use?

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2017

If you were hurt why not contact a member ot the NC Assn for Justice? They give free consults.

1 Answer | Asked in Personal Injury for North Carolina on
Q: Can I bring an intentional infliction of emotional distress claim against an online predator?

Using prints from previous conversations online, and having psychologists and psychiatrists that could testify the emotional distresses.

Peter N. Munsing
Peter N. Munsing
answered on Dec 1, 2016

You could try, but unless the troll has lots of money, you will spend a large amount of money and get little.

1 Answer | Asked in Domestic Violence, Family Law and Personal Injury for North Carolina on
Q: Is repeated attempts at contact from my estranged mother considered harassment?

My mother and stepfather have been estranged from me and my nuclear family (wife and children) for over a year due to my abusive childhood and their narcissistic and abusive qualities towards me and my wife in my adulthood.

I have received several texts from my mother that blatantly ignore... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 21, 2016

The texts if threatening would give you a right to a court no-contact order. Packages without more are iffy. A court would say don't open them or return them. Contact a member of the NC Advocates for Justice--they give free consults.

1 Answer | Asked in Car Accidents and Personal Injury for North Carolina on
Q: Car accident involving higher medical costs than the proposed settlement.

We were involved in a car accident. My wife was driving the car and lost control (possibly a burst tire). No other parties were involved. We drove off the road and hit the trees. Air bags were deployed and my left forearm was fractured. My wife and daughter came out clean. They were taken into... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 21, 2016

Ask your lawyer, but the 60 is if there are two people, the 30 is a single limit. One person =single limit. 2 or more is 60. Not sure what the third number is--why not call a member of the NC Advocates for Justice--they give free consults.

1 Answer | Asked in Personal Injury for North Carolina on
Q: Edit Question Details Q: My daughter age 14 was driving a atv not on my property with a passenger that is 18.

The 18 Year olds foot was broken in a low speed roll over. what do I need to do? How bad could this be? The 18 year old is not related to us at all. The atv belongs to me. Does the 18 year old hole any responsibility buy law for her own actions?

Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

What actions? Getting on an ATV? Shouldn't be letting a 14 year old on an ATV, let alone with passengers. However, there's a certain assumption of risk.

Suggest you contact your homeowners to cover your selves, unless you have separate coverage for the ATV.

1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: My daughter age 14 was driving a atv not on my property with a passenger that is 18. The atv rolled over breaking the 18

Year olds foot what do I need to do. How bad could this be. The 18 year old is not related to us at all. The atv belongs to me.

Peter N. Munsing
Peter N. Munsing
answered on Oct 27, 2016

First, report it to your homeowners. Second, avoid giving taped statements over the phone. Your daughter may express sympathy but under no circumstances discuss how it happened etc on social media, or to anyone--she can just say (honestly)"I really don't want to talk about it now..."... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: I worked on a house for 3 weeks with the homeowner. Asbestos. No permits.can I sue N.c

Did not follow federal regulations I asked if there was asbestos in the house he said no not to think about it I'll breathed that stuff for 3 weeks. He intentionally expose myself and several other men for up to 3 weeks breathing that stuff for 8 to 10 hours a day very heavy in the air very... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 24, 2016

Check with a couple of attorneys, but generally independent contractors cannot unless you can show for sure he was aware of it. Never as easy as it seems.

That being said, if you can without trespassing secure samples. May be able to sue if you meet certain requirements as to cases against...
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1 Answer | Asked in Family Law and Personal Injury for North Carolina on
Q: My exhusband had our children for 4 days one of our childrens arm got broke another child pushed her down.

she asked her Dad to take her to the hospital he told her no.Instead he sent her to school she is 8 yrs old she suffered for 3 days what can i do

Dennis Hernandez
Dennis Hernandez
answered on Oct 12, 2016

You could seek litigation, but that doesn't necessarily mean that you will win. I would look for an attorney that is willing to review the case in detail prior to making any definitive actions.

1 Answer | Asked in Personal Injury and Criminal Law for North Carolina on
Q: I was shot in my home how long do i have too take the person to court

It happen in 2006

Peter N. Munsing
Peter N. Munsing
answered on Oct 4, 2016

You don't have ten years. If it was a criminal case, there may not be a statute of limitations. On an injury case there is.

Generally you would have 3 years.

1 Answer | Asked in Personal Injury for North Carolina on
Q: What else can I do besides filing a grievance with the State Bar Association?

I settled my personal injury lawsuit at the beginning of May. I have yet to receive one dime of it as of today 9/24/16. I was told ( August) that the insurance company only sent a partial payment to his trust account and that the partial payment froze his account. We/I did not agree to partial... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 24, 2016

Not sure what the loan is but if its one of those you see advertised on TV or a direct solitictation, he did you a world of good.Those loans charge amazxing amounts of interest. Contact the fee dispute resoluition committee if yoiu can't get

satisfaction from the attorney. Sometimes a...
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1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for North Carolina on
Q: Can a Armed Security Guard detain someone?
Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2016

Assuming the person met the requirements of private protective services http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_74C.pdf it would seem they can, but when and how is very dependent on circumstances. I suggest you contact a member of the north Carolina Advocates For... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Q: Can a hospital be held liable for an accident after releasing a patient with relatively high blood pressure?

Patient has no prior history of high blood pressure, and sustained an injury after passing out related to the elevated blood pressure.

Peter N. Munsing
Peter N. Munsing
answered on Sep 15, 2016

Unlikely in the extrmeme. Contact some malpractice attorneys but generally unless the blood pressure was so high that he was likely to pass out at the ER, no.

1 Answer | Asked in Personal Injury and Car Accidents for North Carolina on
Q: I was recently involved in a car accident. I'm a marine and it happened on base. I was a passenger and a car tboned us.

My friend and I were sent to the hospital. I had a laceration near my eye and hurt my leg. Can I file a claim against the driver who hit my friends car.

Peter N. Munsing
Peter N. Munsing
answered on Sep 6, 2016

Yes. Even Gyrines get claims! You need to follow up and you can use the car medical benefits and go off base if you wish (and if you won't get too much heat for that.)You definitely want to follow up because you don't want the leg to cause a service issue and then all types of fallout and... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: Hello, why is there a lawsuit in my mother's and fathers name in 2011 and they died in 2006?
Peter N. Munsing
Peter N. Munsing
answered on Sep 2, 2016

If it's not an open case, could be someone filed a claim not knowing they had died and then sat on it.If you opened an estate I wouldn't worry about it. If you haven't been to the court house, go there, find out if it's open or closed, get the documents, talk to a local lawyer if you have concerns.

1 Answer | Asked in Health Care Law, Personal Injury and Criminal Law for North Carolina on
Q: Can anything legally be done about someone sneaking alcohol into hospital patient in liver failure (north carolina).

My brother-in-law is lying to everyone about my sister's condition. The doctor states that she might survive but she can never have alcohol again. The nurses state that he keeps trying to bring in items from home, including medications. In the past, he has brought in miniature bottles of... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 27, 2016

Maybe the family has to have a neutral do an intervention on him? She certainly seems to be enabled. Problem is that as the spouse it's tough to bar him. suggest you discuss this with social workers. If you keep him away will she feel better? Alienated from the rest of you? It's less... View More

1 Answer | Asked in Personal Injury for North Carolina on
Q: under nc 14-32.4 what would be considered a substantial risk of death? would a brain bleed?
Peter N. Munsing
Peter N. Munsing
answered on Aug 19, 2016

It could be. Focus on what the person is claimed to have done. This is a serious charge and instead of an internet source the person needs to get an attorney who handles criminal matters for the county where the citation/charge was issued.

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can i do a lawsuit for muscle damage from a morphine shot?

When I was in the hospital with my baby girl right before going into labor they gave me a morphine shot. The nurse told me she had to make sure she put the needle in the right spot so she wouldn't cause muscle damage. I believe she did because 9 months later it still bothers me. When I jog or... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Unless you have a medical diagnosis saying what you have and that it's because of the shot and not due to post labor disruption of muscle tone, unlikely. Check with a NC Attorney who handles malpractice to know your rights down there.

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