John M. McCabe’s Answers

John M. McCabe

Cary Car / Auto Accident Lawyer.

Contributor Level 10
  1. Is the hospital liable for my mothers fall when she was disoriented from pneumonia and resulted in a huge brain trauma?

    Answered 5 months ago.

    1. John M. McCabe
    2. Nedim Ramic
    3. John M O'Brien
    4. Joseph Leonard Ciaccio
    5. Samuel Cohen
    6. ···
    9 lawyer answers

    Very possibly. If you mother was a fall risk, which it sounds like she was, the hospital needed to implement fall prevention measures to protect your mother. I think you definitely have a case that deserves further investigation.

    Selected as best answer

  2. Does a spouse/mate have rights or benefits on worker's comp claim if claimant can no longer perform sexual duties?

    Answered 5 months ago.

    1. John M. McCabe
    2. C. Donald Briggs III
    3. Jeffrey Ira Schwimmer
    4. David Ian Schoen
    5. Lars A. Lundeen
    6. ···
    8 lawyer answers

    Mr. Briggs response is exactly right. There's no such claim under workers' comp. If you are married to the claimant, then you can pursue that claim -- it's called a loss of consortium claim -- in the personal injury case against the at-fault driver and his insurance company.

    Selected as best answer

  3. Hello, What are my options when in a vehicle accident with a drunk driver?

    Answered 4 months ago.

    1. John M. McCabe
    2. David Ian Schoen
    3. Jeffrey Mark Adams
    4. Shoshana Kunin-Leavitt
    5. John L. Schroeder
    6. ···
    8 lawyer answers

    Here are a few suggestions. First, continue getting medical treatment for your injuries. This will accomplish a couple of things -- it will help you heal quicker and it will document the extent and nature of your injuries. Second, because the collision was caused by a drunk driver, your case has a higher settlement value than a regular case. Because of this, you should speak with an attorney right away -- most attorneys offer free consultations. Third, insurance companies will negotiate a...

    17 lawyers agreed with this answer

  4. My shoulder was injured at workI If I return to work and the shoulder is hurt again what happens,

    Answered 7 months ago.

    1. John M. McCabe
    2. Joseph Stewart Bowman
    3. Kevin B. Bunn
    4. John F. Ayers III
    5. Richard L. Huffman Jr.
    6. ···
    8 lawyer answers

    If you have a new injury, a re-injury, or an aggravation of the injury you already have, it should be covered by workers' comp. The key for you is to remain within your work restrictions. Exceeding the work restrictions could cause further injury to your shoulder. If your employer can't provide light-duty work within your restrictions, you will be entitled to workers' comp benefits while you are out of work.

    Selected as best answer

  5. How many years do you have to sue for wrongfull Death.

    Answered 6 months ago.

    1. John M. McCabe
    2. Timothy Shawn Howard
    3. Carl Adam Barrington III
    4. C. Donald Briggs III
    5. David J Don
    6. ···
    9 lawyer answers

    In NC, the statute of limitations in most cases for a wrongful death is 2 years.

    14 lawyers agreed with this answer

  6. Can I get a settlement for an car accident that resulted in me getting whiplash and head contusions?

    Answered 4 months ago.

    1. Timothy Shawn Howard
    2. John M. McCabe
    3. F. "Bill" William Powers
    4. David Ian Schoen
    5. David Herman Hirsch
    6. ···
    9 lawyer answers

    You do have a case and kudos to your insurance company for doing the right thing and telling you to get a lawyer.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. The driver that hit us fled the scene and was drunk as a passenger what am i entitled to.

    Answered 7 months ago.

    1. John M. McCabe
    2. Timothy Shawn Howard
    3. Joseph John Bernardo
    4. Christian K. Lassen II
    4 lawyer answers

    If you were injured, you have a personal injury claim that can entitle you to several types of damages, including money for lost wages, medical bills, pain, suffering, and permanent injury. Since the at-fault driver was drunk, this likely increases the value of a potential personal injury claim. I'm guessing that the at-fault driver's identity is known since you know he/she was drunk. Assuming he/she has insurance, the claim should be pursued against his/her insurance company. If the at-...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I was a passenger in an hit and run accident. The other driver was at fault. He was also drunk. I was treated at the e.r.

    Answered 7 months ago.

    1. John M. McCabe
    2. Joseph John Bernardo
    3. Michael David Myers
    4. Christian K. Lassen II
    5. Lars A. Lundeen
    5 lawyer answers

    It's impossible to address the amount of compensation that you might be entitled to based on this limited information. You really should consult with a personal injury lawyer who can help guide you through this. Most lawyers offer free consultations, so it won't cost you a thing to call.

    12 lawyers agreed with this answer

  9. 19 yr old child in wreck, injuries and ticket to other driver, how to protect myself early financiall, we have good insurance

    Answered 8 months ago.

    1. John M. McCabe
    2. Kevin H. Pate
    3. Christian K. Lassen II
    4. Andrew Daniel Myers
    5. Timothy M. Smith
    5 lawyer answers

    If the wreck was not caused by your child, I am not sure how you would be at risk for being sued. You need to contact your insurance company and put them on notice of the accident, but again based on the scenario that you presented, I don't see a legitimate claim being made against you. If you have good insurance, you should be protected, even if a claim was brought against you. If your child was injured, you should contact a really good personal injury attorney to help you child with his...

    12 lawyers agreed with this answer

  10. Driver in auto accident;two passengers injured and now not willing to settle insurance suit. Passengers are suing driver

    Answered 7 months ago.

    1. John M. McCabe
    2. Timothy Shawn Howard
    3. Andrew Daniel Myers
    4. Kevin H. Pate
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    Your insurance company will retain a lawyer for you but you will likely need to hire your own private lawyer to assist you in this. One of e key considerations is has your insurance company made fair offers to the passengers? If they haven't, your private attorney can put pressure on the insurance company to get the case settled. Good luck.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

919-833-3370