North Carolina Personal Injury Legal Questions

You may have a case, but I am concerned your damages may not be severe enough to warrant the cost of pursuing any such claim. It takes a medical expert to answer your question as to whether malpractice may have occurred. Medical malpractice lawyers typically have such experts available. You might want to consider consulting one.... Read Answer

There is a difference between criminal responsibility and moral responsibility. I personally think that anyone who preys on weak people and says things to them that are so mean, thoughtless, cruel and without any justification are scum and subhuman. What separates man from the animals is CONSCIENCE. If someone does not exhibit conscience, then by definition they cannot be human. It is creatures like that who built the death camps in Europe during WW2, who annihilated the Armenians around WW1, and who go butchering women and children in the Middle East and in Africa now. People who do not or cannot show remorse are psychopaths or sociopaths.... Read Answer

B can try to, but liability would probably be a question of fact. An additional factor to consider is the emergency doctrine which states that when a motorist is faced with an emergency situation by no fault of his own, he is not held to the same correctness of judgment and action if he had the time and opportunity to fully consider the situation. If it is applied here, it could substantially elevate the standard of care owed by A to the point of immunity. Good luck.... Read Answer

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.... Read Answer

Maybe. Maybe not. It takes a medical expert to answer that question, but, unless your injuries are more severe than stitches, it will probably cost more to pay the expert to look at the potential claim than you are likely to get out of it. If you feel obligated to do something, you can possibly complain to the medical board.... Read Answer