James M. Roane III's Answers

Has there ever been a successful trip/fall lawsuit in North Carolina?

Many cases are successful, but they are always difficult. You are right that the problem is contrib. In most cases, you will need to prove notice of a dangerous condition, and you do this by sometimes alleging that it was a visible condition. Of course, this helps them to establish contrib. Your case may not have that same catch-22 type problem as their flashlights will establish notice. If you can show that you couldn't see the hazard, then you may win. The burden of proof is not legally...

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NC state personal injury tort laws, car accident and injuries, statute of limitations

The North Carolina statute of limitations is three years unless it is a wrongful death case which is two years. You will have a proof/causation type problem in proving your medical case with a six month gap in treatment.

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Can I sue for defamation of character?

Very difficult question. First, NC is an at will state. This means that employers can typically fire employees for a non-discriminatory cause. Second, there could be a problem as to whether or not this was a publication to another person that caused an injury. Generally, defamation involves a false verbal or written statement to a third party. I don't know if this case qualifies.

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How long does a wrongful death suit normally take?

I am a NC attorney, and the majority of my cases are nursing home cases. In a nutshell, they take a long time. You have to gather medical records, get licensing information, obtain experts and then file suit. Frequently, it takes longer than a year to investigate and prepare the case for filing suit. After you file suit, the corporations running these homes do not like to settle. I will typically fight these cases for two years before settlement or a verdict.

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Does this support a negligence claim against a physician

I agree with the above attorney's explanation of the causation issues. I would like to also point out that the motor vehicle settlement releases are often very broad. Sometimes, they release "any and all persons" which could potentially include the doctors. Maybe not, but you should read the release carefully to make sure.

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Should I be going to court after the insurance company first very low offer?

If the insurance company can do anything to keep from paying, that is what they will do. All plaintiffs have this same problem with cases involving low property damage or prior medical conditions. The insurance company will try and bank on jury bias against plaintiffs. Many lawyers refer cases for litigation. Litigation is expensive and risky and has become somewhat specialized. If your lawyer wants to refer you, I would do it.

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Can I sue A doctor for causing A break out and pain for dermatitis herpeformis?

First, you will have to establish that the doctor was aware that had you such an allergy. Second, you will probably have some significant causation issues. From briefly researching this condition, most sources state that the cause is unknown. There may be a link to gluten intolerance, but that issue is debated. In NC, it is very difficult to bring a medical malpractice case even with a great fact pattern. With causation this difficult and limited damages with gluten free diets and...

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I was in a wreck a couple of weeks ago where i hit the car in front of me. Can you give me some help on lowing the charge

Also, sometimes your insurance company can provide an Acceptance of Responsibility type letter that may help with the charge. The insurance company essentially agrees to pay any damage proximately caused by this wreck. With this letter, the ADA may reduce/drop the charge. However, I agree to get an attorney from Forsyth County to help with it.

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I had sex with someone who knew they have herpes and they didnt tell me & we had unprotected sex can i sue?

Can you sue, the answer is yes. Should you sue is another matter. The cases have complex and sensitive causation issues. This will include discovery of other relationships and sexual habits. Also, we are a contributory negligence state which creates further defenses. Read this one article for some of the problems: http://www.medicinenet.com/script/main/art.asp?articlekey=51350

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My daughter was in a car accident{rearended} back on good friday,, she just had her back x-rayed and found that she has a

Generally, with a rear end collision there is usually clear liability. With a compression fracture, you should be able to establish it as an acute and visible injury on diagnostics. If there aren't any other odd facts, I can't imagine some attorney won't help you.

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