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Helpful Information

Car Accidents

North Carolina has a three-year statute of limitations on filing a claim after your accident, but this statute is reduced to two-years if the injury resulted in death. Failure to file within that time means you have lost the right to seek compensation for your injuries. Hire an attorney quickly if you have been in a serious car accident. A lawyer can review documents on your behalf and help get your medical payments. Lawyers can interview witnesses and take photos of your injuries, the vehicle and the scene. This information is critical in establishing your case with the insurance company and much of this type of information will be hard to get later on. Witnesses move away and forget things.  Get help fast.  You can be sure that the insurance company is doing their homework, you need to do yours.  Also, the insurance companies may try and get you to make statements, record you on the phone, get you to sign releases, or do other things.  You must be careful. 

If you have been in a serious accident, you need serious help. You need to hire a capable lawyer who is experienced at handling larger, more serious car accident cases. Roane Law is here to help you with your serious accident case.

Car Accident Law – Contributory Negligence

Contributory negligence is an old law. North Carolina is one of only four states that still adheres to this old law that states that if you contribute to your injuries in anyway, you are not entitled to compensation. For example, let's say you are driving down the road and you slow down to make a right hand turn. Someone behind you was not paying attention, was on the cell phone, and runs into the back of you. Again, they are clearly negligent, and they should be held responsible. However, sometimes they aren't.

Some insurance companies try to argue that you were contributory negligent and therefore, not entitled to compensation. They will hire a defense lawyer who will argue that you actually did not have your turn signal on, or you braked too quickly and that it is partially your fault. Contributory negligence is an "all or nothing" rule. If one jury member happens to believe that, you lose.

Unlike North Carolina, most states have what is called a “comparative negligence” law, which simply compares the negligence of the drivers. For example, if you did stop just a little too fast, then the jury could hold you 10% at fault and the defendant 90% at fault. So, the defendant would only have to pay 90% of the damages.  If you would like more information about contributory negligence, click on this link to Wikipedia.

Nursing Home Law

Cases of abuse and neglect in nursing homes and adult care facilities happen on a daily basis. If you know someone in a nursing home, you should watch out for certain things: dramatic weight loss, loss of appetite, finding the person wet and dirty, food trays left untouched, call lights going unanswered, etc. These conditions in nursing homes can be evidence of underlying neglect and can lead to serious problems. Don't just take the word of the staff at the facility, you really need to pull the medical chart and look at it yourself.  You will not believe how many times things are written down that the staff ignores.  For example, we have seen cases where the nursing staff writes down that the resident is only drinking half of what she needs and yet do nothing about it.

North Carolina acknowledges and protects the rights of the residents of nursing homes and adult care facilities through a set of laws. The North Carolina Division of Aging and Health Services’ Ombudsman Program has provided a condensed version of North Carolina’s Adult Care Home Bill of Rights and North Carolina’s Bill of Rights for Nursing Home Residents.

Additionally, the division has an ombudsman program that receives complaints about neglect and abuse and serves as advocates for these residents.Click here for more information about the NC Ombudsman program