Bradley A. Coxe's Answers

Do i have to pay for another vehicles damage when they were at fault in an accident?

Assuming the other driver was at fault and negligent, in North Carolina we have the rule of contributory negligence. That means, if you were in any way at fault in the accident you can't recover for your damages. (Likewise if she was in any way at fault, she couldn't recover her property damages from you). If you were driving drunk, that would easily be found to be negligent (not what somebody using ordinary care would do under the same or similar conditions). However, your negligence still...

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What should I do?

A permissive driver usually is covered by your insurance. In the alternative, if he took the car without your knowledge and permission, the wreck would be his fault not yours. Your insurance company should provide you an attorney to represent you in any claim made by the other driver.

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Is it possible to make a personal injury claim after a hit and run accident?

If you don't know who hit you, it is impossible to file a suit against him. However, if you have uninsured motorist coverage, you may have a claim against your insurance company for your injury and damage. UM coverage is mandatory in North Carolina, unless you specifically opted out of it. Check your policy and make a claim with your insurance company or agent.

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Is there any way or what can i do to help myself in this situation?

From your description, you have a civil claim for battery against the person who attacked you. However, he could argue that you assumed the risk of being injured by becoming "involved" in the fight. Usually, when parties get into a fight, regardless of the level of force used or the injuries that occur, neither side has a claim. Your situation does sound like you were not "fighting" but just trying to get away. You may also have a negligence claim against the bar. This is a harder case to...

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Do I have a case for malpractice

Your claims for your injury and damages are likely barred by the statute of limitations. However, the minor child's action for his damages are probably tolled, meaning he would have until he was 19 to file an action. Whether or not he actually has a medical malpractice claims is something that could be determined after a review of the records by an attorney and a expert doctor.

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Are recreational fields covered by insurance for accidental injury?

Sports injury cases in North Carolina are difficult, and impossible if you are actually playing in the game. Your case would require a closer look at the facts of the case. Just because you were hurt on the premises, does not mean they are liable. The questions would be what could the park have done to prevent the injury (screens? different parking area? written warnings?); what knowledge did they have that it was foreseeable that this could happen? (other injuries or near injuries in the...

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Do I need an injury attorney?

There are a lot of questions that need to be asked for any good attorney can give you an opinion. How did the gravel get on the road? How did it cause the wreck? What, if anything, your spouse did that contributed to the wreck? Was he on the job? Does he have underinsured or uninsured motorist coverage? I would recommend consulting with an attorney.

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Medical Malpractice

Assuming the first hospital should have, under the standard of care, found and removed the bullet, you would have a medical malpractice claim. Practically though, since the 2nd hospital found and removed the bullet, your damages are only the medical costs of the second hospital trip. Unless the delay in treatment between Hospital 1 and Hospital 2 resulted in your injuries being much worse and permament, you will pay more in expert fees and costs than you get in a recovery. (Although a...

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I sued in small claims in NC and lost. how do i appeal?

Fill out the form below and get it to the clerk within 10 days of the magistrate's judgment

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Botched adult circumcision and testicular torsion misdiagnosis.

In NC your medical malpractice action usually isn't less than 3 years from the time of the alleged negligence. You should talk to an attorney as soon as possible. (Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision o the answer and specifically understands and agrees that no client-lawyer relationship has been established between Bradley A. Coxe or Hodges & Coxe PC and the inquirer).

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