North Carolina Personal Injury Legal Questions

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163 legal questions have been posted about personal injury by real users in North Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include boating accidents, nursing home litigation, and automobile accidents. All topics and other states can be accessed in the dropdowns below.
North Carolina Personal Injury Questions & Legal Answers - Page 3
Do you have any North Carolina Personal Injury questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 163 previously answered North Carolina Personal Injury questions.

Recent Legal Answers

Who is at fault in a horse playing injury? Why?

Answered 10 years and 10 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Personal Injury
I believe I answered this very question about a week ago. In any event, decent adults don't try to hold small children liable for minor injuries while playing around. But the other child's mother may be very upset. I suggest you talk to her respectfully and warmly. Parents in Wisconsin can be held responsible for damages caused by their children's negligence. Good Luck.... Read More
I believe I answered this very question about a week ago. In any event, decent adults don't try to hold small children liable for minor injuries... Read More

Am I liable for an injury caused by a crash I was not in? How?

Answered 10 years and 11 months ago by Gregory M Janks (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Personal Injury
Your vehicle insurer is responsible to cover any claims related to the collision as long as you timely report the collision to them and cooperate in your own defense. They will provide an attorney at no expense to you if either claim goes into suit. You tell what happened and then let the claims folks or lawyers sort out fault, extent of injuries, etc.... Read More
Your vehicle insurer is responsible to cover any claims related to the collision as long as you timely report the collision to them and cooperate... Read More

What if the other party does not have insurance and cannot afford to pay? How?

Answered 10 years and 11 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Personal Injury
You could still sue, and use discovery to know if what he is saying is true. Once you have a judgment, you can use court processes to have him declare under oath exactly what property he does have. At that point you could also garnishee his rents. Consult a personal injury lawyer. They can help. Good Luck.... Read More
You could still sue, and use discovery to know if what he is saying is true. Once you have a judgment, you can use court processes to have him... Read More

How long will it take to get my settlement money?

Answered 10 years and 11 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Personal Injury
No lawyer unfamiliar with the details of your claim could possibly answer your question. Why not contact the insurer or whoever else it going to make the payment and ask him, her or it? Good Luck.
No lawyer unfamiliar with the details of your claim could possibly answer your question. Why not contact the insurer or whoever else it going to make... Read More
The owner of the parking lot may be responsible for your injuries which were the result of his/her negligent maintenance. In the state of North Carolina, it can be very difficult to prove premise liability and each case is very fact specific. It is very important that you consult with an attorney right away.... Read More
The owner of the parking lot may be responsible for your injuries which were the result of his/her negligent maintenance. In the state of North... Read More
I am so sorry to hear about your accident! When did it occur and do you have an attorney? If not, I highly recommend that you consult with a Board Certified Workers' Compensation Attorney to discuss your options before you agree to anything. The consultation is free so you have nothing to lose.... Read More
I am so sorry to hear about your accident! When did it occur and do you have an attorney? If not, I highly recommend that you consult with a Board... Read More

Can I have someone charged for filing a false police report?

Answered 11 years and 4 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You are not going to like my answer. I sense you had some sexual contact with this person she decided was offensive. Does it make any difference how many versions she tells if one or more are correct or close to correct? You may win the criminal case. you may not. if I were you I would totally rely on my lawyer to tell me what is what and tell you what if any options you have. This is what court is about. He said, she said don't second guess your lawyer.... Read More
You are not going to like my answer. I sense you had some sexual contact with this person she decided was offensive. Does it make any difference how... Read More

Do I have a legal case if the person I had sex with did not fully disclose his STD history after I asked him about it before we had intercourse?

Answered 11 years and 5 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
In North Carolina maybe not as good as you might think. There is a rule of law dating to the middle ages called " contributory negligence" which means precisely what it says: if you contribute to your own injury you cannot recover. The carrier will argue that your participation was contributory. You might engage a lawyer to research the area for you. I have never seen or heard of a successful case in NC.... Read More
In North Carolina maybe not as good as you might think. There is a rule of law dating to the middle ages called " contributory negligence" which... Read More

Should I file for SSDI disability, and what would my chances of success be if I recently had a hip replacement?

Answered 11 years and 5 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
SS benefits are almost entirely based on what the doctor says about your inability to work, not what you say about it. contact a lawyer in your area who specializes in SS cases and talk frankly to your dr.
SS benefits are almost entirely based on what the doctor says about your inability to work, not what you say about it. contact a lawyer in your area... Read More

Who is at fault, if I am driving and a car back was fast and hit me in my fender bender of my car?

Answered 11 years and 5 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Usually the car in the rear is found at fault. It is his duty to keep his car under control at all times.
Usually the car in the rear is found at fault. It is his duty to keep his car under control at all times.

Can I sue the police for excessive use of force against my husband?

Answered 11 years and 5 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You certainly can sue but can you prove excessive force. The police will testify that the force was necessary. So, how do you prove it? You should tell your story to the police chief or to internal affairs in your police dept has one.
You certainly can sue but can you prove excessive force. The police will testify that the force was necessary. So, how do you prove it? You should... Read More

How much can I sue for if I got 180 bed bug bites from a motel?

Answered 11 years and 5 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You get paid for pain and suffering and medical bills not for dramatizing your bad luck or dreaming. I assume you were OK in a short period and your bills are little or nothing. take what you can get and follow your lawyers advice
You get paid for pain and suffering and medical bills not for dramatizing your bad luck or dreaming. I assume you were OK in a short period and your... Read More

Is the installer responsible for fixing my plumbing after clogged it up?

Answered 11 years and 5 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Of course. Sorta depends on how you can prove it. take him to Judge Judy (small claims) court.
Of course. Sorta depends on how you can prove it. take him to Judge Judy (small claims) court.

How do I get a full refund from the hotel I stayed in?

Answered 11 years and 6 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Of course you can if you sue them in the county where they do business (that is the limitation of Judge Judy courts in NC).
Of course you can if you sue them in the county where they do business (that is the limitation of Judge Judy courts in NC).

What will happen if I was drinking and committed a hit and run but this is my first criminal offense and no one was hurt plus I turned myself in?

Answered 11 years and 6 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Report it to your insurance co and make sure they pay the damage before court. Not much is likely to happen unless there is someone complaining that you have not taken care of the damage.
Report it to your insurance co and make sure they pay the damage before court. Not much is likely to happen unless there is someone complaining that... Read More

Can I sue my psychiatrist for not informing me about the withdrawal of the drug I was prescribed?

Answered 11 years and 6 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
I don't know anything about the injury you say you had but if you can find a psychiatrist (not a psychologist) who says this is malpractice you may have a case. you have to prove malpractice and you have to prove real damage.
I don't know anything about the injury you say you had but if you can find a psychiatrist (not a psychologist) who says this is malpractice you may... Read More

Do I have to do file the suit there or could I file it were I live after I had a cut to my finger due to a hotelโ€™s negligence?

Answered 11 years and 6 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
In NC you have to file a small claim in the county where the defendant is located.
In NC you have to file a small claim in the county where the defendant is located.

A lawyer that only gets paid if you get paid

Answered 11 years and 6 months ago by attorney John C. Hensley, Jr.   |   1 Answer   |  Legal Topics: Personal Injury
What you are describing is a contingency fee. This means the attorney's fee is contingent upon a recovery. The attorney only gets paid if there is a recovery. The percentage of the recovery that will go to the attorney as his fee is something that will be agreed upon and put in writing when you retain the attorney. The lawyers at our firm handle car accident cases on a contingency basis. John C. Hensley, Jr.... Read More
What you are describing is a contingency fee. This means the attorney's fee is contingent upon a recovery. The attorney only gets paid if there is a... Read More

Can I sue this doctor for malpractice which caused my girlfriend an unplanned pregnancy?

Answered 11 years and 6 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
I think you will find that "tying tubes" as it is called is NOT guaranteed. If your girlfriend works at a clinic she ought to know this. Any time you have sex there is a possibility of pregnancy. Bringing new life into the world is not a matter of convenience. It is part of the plan to replenish the world with new life. Called natural law by some, Gods law by others. It is all the same... Read More
I think you will find that "tying tubes" as it is called is NOT guaranteed. If your girlfriend works at a clinic she ought to know this. Any time you... Read More

Can I sue the hotel for slipping and falling in their lobby?

Answered 11 years and 6 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Slip and fall are ugly cases. you have to prove that you fell because of their negligence and that you were paying attention and the fall did not occur because you were careless. Sometimes hard to do.their med pay carrier will likely pay your dr bill. It is not much of a case so don't think about suing. No lawyer will likely take such a small case.... Read More
Slip and fall are ugly cases. you have to prove that you fell because of their negligence and that you were paying attention and the fall did not... Read More

If my husband broke 3 vertebrae and has a scar on his face, how should we calculate pain and suffering?

Answered 11 years and 6 months ago by Geneva Long Yourse (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
That is a major injury. You should contact an attorney. Pain and suffering should at least be the amount of medical treatment. I would ask for double that amount.
That is a major injury. You should contact an attorney. Pain and suffering should at least be the amount of medical treatment. I would ask for... Read More

What would happen one has no license but is not at fault in the accident?

Answered 11 years and 6 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Of course. Whether you have a license has nothing to do with seeking damages.
Of course. Whether you have a license has nothing to do with seeking damages.

What do I do if the roof was repaired but still leaks and the man refuses to fix it?

Answered 11 years and 6 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Sue him in small claims court if less than 5000.
Sue him in small claims court if less than 5000.

What are my legal rights if I feel that my attorney let me down at the meeting with the mediator?

Answered 11 years and 7 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
I don't know what "let me down" means. If his work was negligent you can sue him for malpractice. if this was an injury case you will be compensated based on what your injuries are and what your bills are and what the doctor says. pretty simple.
I don't know what "let me down" means. If his work was negligent you can sue him for malpractice. if this was an injury case you will be compensated... Read More

Can/should I sue if I went to an urgent care center and they failed to find blood clots in my thigh, calf and lung?

Answered 11 years and 7 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You don't get credit in the court for "coulda, shoulda. Woulda" you have to show actual damage by medical testimony. If you can do that you might have a case, called "failure to diagnose" but remember you have to prove damage because of the failure
You don't get credit in the court for "coulda, shoulda. Woulda" you have to show actual damage by medical testimony. If you can do that you might... Read More