Last Clear Chance

North Carolina is one of the few states in the nation that still has contributory negligence.  Contributory negligence means that if you contribute to your injuries at all, you can’t recover.  Insurance companies have taken this idea and ran with it.  They will now actually try to blame you if you are

Personal Injury Depositions

Get you talking– Depositions are not usually the confrontational events that you see on TV. Most good defense attorneys instead try the “get you talking” approach. If they can get you talking without really thinking, they may get you to overstate your case or miss key facts. They can then later cross-examine

Car Wrecks and Insurance

Most car wreck cases are fairly straight-forward and should be easy to value for insurance companies, but there are some fact patterns that cause problems.  For example, any issues with liability will frequently entice the insurance company to deny or low-ball claims.  One such factor pattern is rear end collisions.  If a person rear

North Carolina County Differences

Something that is obvious and well-known to trial lawyers is that many cases don’t just depend on the facts of the case, the cases also depend on where they are filed.  In North Carolina, personal injury cases are usually filed where the plaintiff lives.  Some counties view jury trials differently.  For example, in larger

Pain and Suffering Damages

The law of North Carolina and most states allow recovery for pain and suffering.  However, there is no other area of damages that has a tendency to cause reluctance or rejection by juries.  Pain is not an actual loss like medical bills or lost wages.  There is nothing the jury can put their finger

Underinsured Motorist Coverage

Underinsured motorist (UIM) coverage should be added to your automobile insurance policy.  UIM coverage will pay amounts that are not paid by the liability insurance policy of the defendant.  For example, most drivers on the road only have $30,000 minimum insurance policies.  If you are in a serious car wreck, your damages

Wrongful Death Damages

Wrongful death cases can be very difficult to litigate and prove damages.  Some jurors think that money will not bring the deceased person back, so why bother?  These jurors must be made to understand first of all, it is the law.  In the distant past, the law used to be an eye

Insurance and Trial

“Insurance” is not admissible in trials in North Carolina.  No witness can mention insurance, coverage, claims or anything associated with insurance.  The case will be you versus the defendant.  So, the jury will never even be told that there is any insurance at all.  Some jurors then are afraid to render a

Nursing Home Arbitration

Most of the major nursing home chains are requiring new residents to sign Arbitration Agreements. These agreements waive the right to a jury trial, and any potential case will be tried in front of three attorney arbitrators. These Arbitration Agreements can be very complicated and stacked against the resident. Many of the

Dehydration in Nursing Homes

Some residents in nursing homes don’t have the same sense of thirst, and they must be encouraged to drink. If they aren’t encouraged to drink and monitored, they can become dehydrated very quickly. Most good nursing homes simply monitor their intake. It only takes a few seconds for a CNA to write