Nursing home facilities have a responsibility to provide our loved ones with a certain level of care, support, and attention. When someone at a nursing home facility is injured due to neglect or intentional harm, the outcome is painful and devastating for the victim as well as the family. Arbitration…
North Carolina Injury Lawyer Blog
North Carolina Appellate Court Discusses Vicarious Liability Doctrine in Negligent Hiring and Retention Case
Many people know that you can bring a civil claim to recover compensation for physical injuries that you suffer due to someone else’s negligence. But fewer people know that North Carolina recognizes civil claims against an employer for the tortious acts that its employees commit during the course and scope…
North Carolina Appellate Court Discusses Contributory Negligence Doctrine in Intersection T-Bone Accident Case
People who are injured in a car accident can bring a civil lawsuit against the person who caused the crash to recover compensation for their injuries and damages. This may sound straightforward, but the process can be complex and requires following countless procedural and substantive rules. This includes affirmative defenses,…
North Carolina Appellate Court Upholds Punitive Damages in Wrongful Death Pedestrian Accident Case
There are few things more stressful and life-altering than losing a loved one in a sudden and unexpected personal injury accident. This type of loss is referred to as a wrongful death claim under North Carolina law and there are many rules that apply to how a wrongful death claim…
Court Dismisses Appeal in North Carolina Nursing Home Abuse Case Based on Improper Filing and Failure to Comply with Appellate Rules
Nursing homes provide an important service in our community, ensuring that elderly individuals with the support and care they need in the end stages of life. But some of these facilities fail to provide adequate care or even allow abuse to happen, including emotional, physical, and sexual abuse. At Maurer…
North Carolina Appellate Court Upholds Dismissal of Negligent and Intentional Infliction of Emotional Distress Claim
The North Carolina civil justice system allows individuals who suffered physical injuries due to someone else’s negligence to bring a claim for compensation. There are also causes of action that allow individuals to recover compensation from individuals who cause negligent or intentional emotional distress. Because this injury is not as…
North Carolina Appellate Court Dismisses Appeal as Premature in Rear-End Car Accident Case
When you are injured in a car accident, you can bring a personal injury claim against the driver of the vehicle that caused the crash. This may seem like a fairly straightforward process, but lawsuits can be incredibly complicated. The North Carolina civil court system also has countless procedural rules…
North Carolina Appellate Court Upholds Denial of Motion to Compel Arbitration in Nursing Home Negligence Case
Arbitration agreements are a major issue when it comes to nursing home facilities and how patients are able to resolve disputes with the facility. An arbitration agreement requires the parties to send any legal disputes through arbitration instead of the civil justice system. An arbitration proceeding involves a neutrally-selected arbitrator…
North Carolina Appellate Court Reverses Dismissal of Wrongful Death Claim involving Government Immunity Dispute
Few things are more devastating than losing a loved one in an accident that could have been avoided if someone exercised proper care. In North Carolina, the estate of someone who died in a personal injury accident can bring a wrongful death claim to recover compensation for the costs associated…
North Carolina Appellate Court Upholds Denial of Benefits in Workers’ Compensation Case involving Pre-Existing Hip Injury
Workers’ compensation claims involve accidents that took place while you were at work. The system is designed to provide injured workers with benefits for their missed wages and related medical expenses. Although this seems straightforward, there are instances where disputes arise regarding whether a claimant is entitled to benefits, the…