North Carolina Personal Injury Legal Questions

I don't know that husbands are entitled to anything. if you are her executor or administrator with court authority you would be in better position to make demands. Why don't you go down to the courthouse and qualify as her administrator for the sake of filing a malpractice claim. Not clear to me who you are fighting with, the hospital or the autopsy facility. If you are just trying to entertain yourself with this play by play and are naturally curious about it all that is one thing. If you have a valid claim that is another and you will need a lawyer to help you.almost all systems are designed to keep the average person in the dark. Look at your national government, the IRS, etc etc etc.... Read More

Because of "governmental immunity," you usually cannot sue the school, the teachers or the administration for ordinary negligence. You usually have to prove gross negligence or some equally high standard of unintelligent act to sue and win. However, bad publicity is something that government officials cannot stand, so if they do not properly address the issues, you can always go to the media. Other than that, I doubt that you would be successful in a court case. As a result, you would probably have to pay for the school yourself.... Read More

Answer: Yes that's bad that the machine just burst into flames. And if you were standing over it and it burned you that would have been worse. And if this CPAP machine was on your bed while you slept, and then ignited your sheets, pillow and blanket on fire burning you literally to death that would have been even worse. But what if your entire family was in bed with you and they all died? What then? That would have been ten times worse. And then what if after your house burned down the neighbors caught fire and it burned killing all those occupants. That might have been 100 times worse! But really no one was hurt and no one was burned so you get compensation for the smell of smoke and nothing more. The 'what ifs' add nothing to your claim because what if it was all your fault? No one's case is better because of what ifs. Sorry.... Read More

This is something. This morning I answered a question about a leaf blower bursting into flames. Now it's a CPAP machine. You are of course entitled to a replacement, or your money back if you paid anything for it. If possible, look into seeing whether you can get another brand. A number of years ago, I handled a case in which a car caught fire and a young woman escaped in the nick of time. She was not physically injured but suffered PTSD as a result. The case went nowhere. Product liability cases are expensive and time consuming, so unless the injuries are catastrophic, they are simply not worth pursuing.... Read More

Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.... Read More

how many settlements do you get in one case. I have never seen but one settlement per case. an NC statute says that after paying atty fees no more than one half the balance can be paid to satisfy medical liens (liens are different from bills) the whole idea is to give claimants like yourself some funds from a settlement regardless of how large the bills are. your lawyer seems to know what he is talking about. But I don't know what 2 settlements means in one case. there ain't no such unless you are talking about medical payments under your own auto policy.... Read More

If the worker truly was an independent contractor, and not controlled by you in the scheduling of the work, the means and methods of the work, etc. then his claim is for workers compensation benefits from his/his employer's insurer. There is only a claim against you if you were actually the employer and then it would be for workers comp and it's doubtful you carried such a policy. If the insurance you had was homeowners (vs. work comp), then they would only pay a claim if you were negligent in causing the event/injuries. There may be a small "med pay" provision in your HO policy that would pay any uninsured medical bills up to its limit of med pay liability. If he sues, he would sue you, not your insurer. Your insurer would defend you, unless the claim is for acts/occurrences not covered by the policy.... Read More