Skip to main content
Bradley A. Coxe
Avvo
Pro

Bradley Coxe’s Answers

170 total


  • Do I need a personal injury lawyer

    I was ran over by a car which was the result of me have a broken ankle (fibula) I had to have surgery & rods & screws are in my ankle

    Bradley’s Answer

    You should retain an experienced personal injury attorney. For this serious an injury, they will likely add much more value to the case than they will charge in fees.

    See question 
  • Do I need an malpractice attorney

    I was misdiagnosed by a Dr at unc chapel hill. I was told I had a hernia that ended up being a life threatening situation. I need some legal advice.

    Bradley’s Answer

    Impossible to say without a review of the records. A misdiagnoses can be made by a doctor even if he did everything within the standard of care. The bigger problem I suspect is to prove that the delay between the misdiagnosis and the correct diagnosis caused any harm. Oftentimes even if the doctor made the correct call, at the correct time, the life-threatening situation would still have occurred. Finally, unless you have permanent damage from the delay, the amount of damages you can recover may not be worth the thousands of dollars just in expert fees you will have to pay.

    See question 
  • What is the statute of limitations malpractice for a botched surgery?

    My wife had aneurysm surgery in June 2010. The surgeon clipped the aneurysm but forgot about previous coiling. The coiling entered an artery, causing a stroke. She suffered left side paralysis.

    Bradley’s Answer

    A year from the date of discovery but no less then 3 years from the negligence and no more than 4 years from the negligence.

    See question 
  • I fell on water in the bathroom and landload knew it needed to be fixed but he didn't do anything until I fell and hurt my knee

    landload didn't fix what he was suppost to fix until I sprain my right knee

    Bradley’s Answer

    For a slip and fall claim and a recovery of your personal injury, you'd have to show that you didn't know about the water on the floor, and didn't know about the defect causing the water, and had no opportunity to discovery it AND that the landlord did know about the defect. From your brief description, that seems difficult.

    For a landlord/tenant claim, assuming you have a typical lease, the landlord is responsible for repairing the condition that caused the leak once you have notified him of the problem.

    See question 
  • Can stepfather exclude children from wrongful death lawsuit for their mother in tennessee

    children filed lawsuit but stepfather filed suit a day before. childrens atty will no longer represent

    Bradley’s Answer

    Wrongful death damages go to the heirs as if the person died without a will. If there is any award at trial, the estate will take the money and then disburse to the heirs, including the children, pursuant to North Carolina law. If the executor wants to settle the case before the trial, he'll have to get the consent of all the heirs before he can do that.

    See question 
  • Which small claim court to file case in for diminished value?

    We had car accident in may 2012. Defendant ran red light and rammed on to driver side. we have ongoing dispute with nationwide on personal injury and diminished value. Our appraiser advised filing case in small claims court. we are confused about ...

    Bradley’s Answer

    For small claims court, you have to file in the county where the defendant now resides.

    See question 
  • Is the insurance company giving me a fair offer?

    In 2001 in WA, I was in a car accident. I'm now 19 and the insurance company wants to settle my claim. After the accident accured, I suffered a torn nerve in my eye and a busted ear drum. Recovery for my eye was at least 6 months. (Patch and exc...

    Bradley’s Answer

    You need to consult with an attorney in WA since their law will apply regardless of where you now live. Aside from your injuries and damages, the attorney should investigate how much insurance coverage there is from the defendant and what, if any underinsured coverage your parents had.

    See question 
  • I was involved in a motorcycle accident in tn but live in nc. Which state do I need to search for representation

    Other driver was cited and is at fault

    Bradley’s Answer

    You would only be able to file in North Carolina if the other driver had some type of "contact" with North Carolina which gave the courts here jurisdiction. Even if the case were filed in North Carolina, the courts here would have to use TN law and if there are any weird differences in that law, a North Carolina attorney might not know it. Best bet is to retain a TN attorney.

    See question 
  • Do I have a lawsuit

    I was diagnosed with Trigeminal Neuralgia in 2007 after getting a wisdom tooth extracted. I went back to my oral surgeon who extracted my tooth several times after the surgery. Before the wisdom tooth extraction I never had any problems with dent...

    Bradley’s Answer

    If the oral surgeon was still treating you for the same condition in 2012 you might still have a case. Otherwise you are likely barred by the statute of limitations. You should speak with a malpractice attorney.

    See question 
  • I was run over by a shop with my own car several months ago, is it too late to do anything?

    A repair shop pinned my leg between the curb and my front bumper and bruised my leg and ankle but i didn't think it was bad enough to do anything at the time. Now my ankle and knee is acting up and causing major discomfort. Can i do anything about...

    Bradley’s Answer

    Setting aside the three year statute of limitations deadline, practically, every day you delay getting needed medical treatment will strengthen their defenses that 1) you are making up your injury 2) you got hurt somewhere else 3) you are not taking care of your own injuries and are not mitigating your damages. Do not exaggerate your symptoms, but do be honest and complete with the doctor.

    See question