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Mark R. McGrath

Personal injury Attorney at Raleigh, NC

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About Mark

Learn Mark’s areas of practice.

5
Practice areas
  1. Medical malpractice
    20%

    32 years, 50 cases

  2. Nursing home abuse and neglect
    20%

    32 years, 50 cases

  3. Personal injury
    20%

    34 years, 50 cases

  4. Workers compensation
    20%

    32 years, 50 cases

  5. Wrongful death
    20%

    32 years, 50 cases

Mark is originally a native of western New York.  He now lives in Chapel Hill, North Carolina.  Mark attended high school outside of Rochester where he quarterbacked and later captained two undefeated state champion football teams.  He stayed close to home following high school and attended the University of Rochester, studying English and History. He graduated from the University of Rochester in 1984, graduating magna cum laude with a Bachelor’s Degree in history and a minor in English.

Mark relocated to Chapel Hill following his undergraduate studies where he entered the graduate program in History.  Mark received an Master’s Degree from UNC in 1986.  Mark entered the University of North Carolina at Chapel Hill in 1988.  While there he was named to the Dean’s List six out of six semesters, served on The North Carolina Law Review, and graduated in the top 12% of his class.  During the summers Mark clerked at large law firms in Raleigh, Richmond and New York where he developed extensive experience conducting legal research and drafting legal documents.  He graduated from law school in 1991.

Following law school, over a period of eleven years, Mark worked for three large commercial firms located in Raleigh, Charlotte and New York.  There his practice focused on the litigation of complex commercial cases and the defense of businesses and insurance companies.  He also focused his practice on defending businesses in catastrophic personal injury and wrongful death suits.  These included trucking accidents, construction site accidents, industrial accidents and other high-end injury cases.

In 2002 Mark joined the firm of Faison & Gillespie, then the largest personal injury and medical malpractice firm in the state.  After two years of hard work, Mark was made a partner with the firm.  At Faison & Gillespie Mark represented plaintiffs in catastrophic personal injury cases, medical malpractice cases and nursing home negligence cases, earning large settlements on behalf of his clients.  He also represented injured workers in third party workplace actions, clients who had been injured in electrical accidents, and clients who pursued civil actions arising from criminal incidents.  As the attorney primarily responsible for these cases, Mark saw to it that his cases stayed on schedule through discovery and motions practice.  He brought numerous cases to successful conclusion and won settlements that frequently ranked as the highest in the state during a given year.

In 2006, Mark left Faison & Gillespie to form Jensen McGrath Podgorny, a firm specializing in catastrophic personal injury litigation.  At JMP Mark was involved in winning numerous settlements that ranked among the highest in the state for that year.  In 2010 John Jensen left the law firm, but it continued as McGrath Podgorny.  McGrath Podgorny continued the tradition of handling high profile, high stakes cases, and winning large and successful resolutions on these claims.  Mark left the firm 2012 to care for a critically ill child.  since 2012, Mark has worked as a freelance attorney, representing other lawyers and conducting legal research and drafting work and providing litigation consulting services.

Mark has appeared and argued cases in courtrooms across the states of New York and North Carolina, personally handled matters before the North Carolina Industrial Commission, and has argued cases in the appellate courts of New York and North Carolina.  Over the course of his career he has interviewed hundreds of witnesses, taken scores of depositions (including numerous doctor and expert witnesses), drafted and responded to complex discovery, and conducted focus groups and mock trials to test the merits of cases to establish case value for purposes of settlement and trial.

Mark has spoken regularly before groups of lawyers regarding personal injury and wrongful death litigation issues.  Mark has been named a North Carolina Super Lawyer five times by Super Lawyer Magazine. 

Mark has written dozens of articles for legal publications relating to personal injury and wrongful death litigation.  Prior to leaving McGrath Podgorny Mark was a regular contributor to North Carolina Lawyers Weekly where he wrote a regular series, The Practical Litigator.  Two of his pieces have been cited by articles appearing in the North Carolina Law Review.  He has worked to become a highly respected litigator with a statewide reputation and an accomplished authority on personal injury and wrongful death litigation matters.  

Mark is the proud father of three boys, who are ages 21, 17 and 12.  In his free time Mark enjoys fly fishing, golf, writing and exercising.

Licensed for 31 years
State NY
Status Currently Registered
Acquired 1994
Updated 11/17/2022
State NC
Status Active
Acquired 1991
Updated 12/27/2022

Contact Mark

Similar lawyers nearby

Brent Adams & Associates
8222 Creedmor Avenue
Raleigh, NC, 27613

Reviews

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Cost

Rates
  • Free Consultation 60 minutes
  • Hourly Rates $ 100-150 per hour
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 10.0 (Superb)

Professional misconduct

This lawyer was disciplined by a state licensing authority in 2012.

Reprimand issued in NC, 2012
updated on 10/02/2019

Typically in this case the lawyer's poor behavior is exposed to the public in hopes that he or she will not repeat the behavior.

Mark's comment: “An opposing lawyer accused me of having a conflict of interest in representing three victims of a nursing home assault and murder. A judge ruled that there was no conflict of interest. The Bar disagreed. I still do not understand how the Bar could essentially overrule the decision of a judge.”

Work Experience

  • Attorney
  • Brent Adams & Associates
  • 2019 - Present
  • Attorney
  • The McGrath Firm
  • 2012 - 2019
  • Partner
  • McGrath Podgorny
  • 2006 - 2012
  • Partner
  • Faison & Gillespie
  • 2002 - 2006
  • Associate
  • Helms Mulliss & Wicker, PLLC
  • 1994 - 2002
  • Associate
  • Bond Schoeneck & King
  • 1993 - 1994
  • Associate
  • Hunton & Williams
  • 1991 - 1993
View all work experience

Education

  • University of North Carolina at Chapel Hill
  • J.D.
  • 1991
  • University of North Carolina, Chapel Hill
  • MA - Masters
  • 1986
  • University of Rochester
  • B.A.
  • 1984

Legal Cases

  • Confidential
  • Settled for $350,000
  • Confidential
  • Settled for $210,000.
  • Confidential
  • Settled for $1.2 million.
View all legal cases

Associations

  • North Carolina Advocates for Justice
  • Chair Professional Negligence Section
  • 2002 - Present
  • North Carolina Advocates for Justice
  • Member
  • 2002 - Present
  • North Carolina State Bar
  • Member
  • 1991 - Present
  • North Carolina Bar Association
  • Member
  • 1991 - Present
View all associations

Honors and Awards

  • Super Lawyer
  • Super Lawyers Magazine
  • 2012
  • Super Lawyer
  • Super Lawyers Magazine
  • 2011
  • Super Lawyer
  • Super Lawyers Magazine
  • 2010
  • Super Lawyer
  • Super Lawyers Magazine
  • 2009
  • Super Lawyer
  • SuperLawyers
  • 2008
View all awards

Publications

  • North Carolina Lawyers Weekly
  • Court of Appeals Clarifies Rule 9(j) Requirements
  • 2020
  • North Carolina Lawyers Weekly
  • Court of Appeals Clarifies Rule 9(j) Requirements
  • 2020
  • North Carolina Lawyers Weekly
  • Court of Appeals Clarifies Rule 9(j) Requirements
  • 2020
  • North Carolina Lawyers Weekly
  • Court of Appeals Clarifies a Rule 9(j) Requirements Part 2
  • 2020
  • North Carolina Lawyers Weekly
  • NC Court of Appeals Expands Real Estate Developer Liability’s
  • 2020
  • North Carolina Lawyers Weekly
  • Effective Date of Tort Reform a Headache for Lawyers and Plaintiffs
  • 2012
  • North Carolina Lawyers Weekly
  • Gift From the Bench: A Guide to Getting Expert Witnesses Into Court
  • 2012
  • North Carolina Lawyers Weekly
  • Holding Bates Motel and its Sort Liable for On-Site Crimes
  • 2011
  • North Carolina Lawyers Weekly
  • Who’s Responsible for Injury at an Unsafe Workplace? Could be Anyone
  • 2011
  • North Carolina Lawyers Weekly
  • Civil Procedure Rules Increasingly Used for Gotcha Litigation
  • 2010
  • North Carolina Lawyers Weekly
  • Professor Pedant Uses N.C. Precedent to Critique Campbell
  • 2010
  • North Carolina Lawyers Weekly
  • Professor Pedant Slices the Campbell Ruling with his Analytical Blade
  • 2010
  • North Carolina Lawyers Weekly
  • Decision has Revolutionary Effect on Operating Room Negligence Cases
  • 2010
  • North Carolina Lawyers Weekly
  • Third-Party Cases in Hiding: the Corporate Relative Case
  • 2010
  • North Carolina Lawyers Weekly
  • Employer Negligence? Make Sure the Order Spells it Out
  • 2010
  • North Carolina Lawyers Weekly
  • Consider Third-Party Premises Liability when Analyzing Comp Claims
  • 2010
  • North Carolina Lawyers Weekly
  • Anatomy of an Industrial Explosion Case
  • 2009
  • North Carolina Lawyers Weekly
  • How to Play the Corporate Shell Game to Help your Comp Client Win
  • 2009
  • North Carolina Lawyers Weekly
  • Excavating Negligent Host Claims Buried In Comp Cases
  • 2009
  • North Carolina Lawyers Weekly
  • Rescuing Third-Party Claims from Silent Death in a Comp File
  • 2009
  • North Carolina Lawyers Weekly
  • Despite Stark Facts, Power Line Cases Can be Complex
  • 2008
  • North Carolina Lawyers Weekly
  • Case Law can Mean Failure to ID Proper Defendant can have Draconian Consequences
  • 2008
  • North Carolina Lawyers Weekly
  • N.C. Premises Liability Law is Variation of Roman Notion
  • 2008
  • North Carolina Lawyers Weekly
  • Sanity Restored? N.C. Supreme Court to Revisit Same or Similar Communities Standard
  • 2008
  • North Carolina Lawyers Weekly
  • Nursing Home Residents, Injured Patients Take a Beating In Azar
  • 2008
  • North Carolina Lawyers Weekly
  • Third-Party Claims Offer Best Chance for Full Compensation of Workplace Injuries
  • 2008
  • North Carolina Lawyers Weekly
  • N.C. Appellate Courts’ Treatment of Woodson Amounts to Reversal
  • 2007
  • North Carolina Lawyers Weekly
  • Legal Options Narrowed for for N.C. Employees
  • 2007
  • North Carolina Lawyers Weekly
  • Kenyon v. Gehrig: Are Surgical Malpractice Cases Dead In N.C.?
  • 2007
  • North Carolina Lawyers Weekly
  • Red Ipsa Amputated: Plaintiffs Turn to Circumstantial Evidence
  • 2007
  • North Carolina Lawyers Weekly
  • High Voltage, High Stakes (Part II): Shop Around for Evidence, Experts In Electrical Injury Cases
  • 2007
  • North Carolina Lawyers Weekly
  • High Voltage, High Stakes (Part I)
  • 2007
  • North Carolina Lawyers Weekly
  • Don’t Forget About the Standard of Care
  • 2007
  • North Carolina Lawyers Weekly
  • Establishing Agency in Medical Malpractice Cases Part II: the Law
  • 2006
  • North Carolina Lawyers Weekly
  • Establishing Agency in Medical Malpractice Cases Part I: the Basics
  • 2006
  • North Carolina Lawyer
  • Surviving Wrongful Death Part II: Shall it be Survival or Death?
  • 2006
  • North Carolina Lawyers Weekly
  • Familiarity Breeds Success: Strategies for Bullet-Proofing the Medical Expert In Malpractice Cases
  • 2006
  • North Carolina Lawyers Weekly
  • Familiarity Breeds Success: Strategies for Bullet-Proofing the Medical Expert In Malpractice Cases
  • 2006
  • Trial Briefs (NCAJ)
  • A Jury of Their Peers: The High Price of Peer Review Confidentially
  • 2006
  • Trial Briefs (NCAJ)
  • A Jury of Their Peers: The High Price of Peer Review Confidentiality
  • 2006
  • North Carolina Lawyers Weekly
  • Back to the Horse and Buggy Days: North Carolina Courts Harken a Return to the Locality Rule
  • 2005
View all publications

Speaking Engagements

  • North Carolina Advocates for Justice Mountain Magic
  • Qualifying Expert Witnesses in Medical Malpractice Cases
  • 2009
  • North Carolina Product Liability Law
  • North Carolina Product Liability Law
  • 2007
  • Client Sponsored
  • Legal Issues Surrounding the Y2K Problem
  • 1999

Attorney endorsements

Received (1)
Given (0)
Endorse Mark
Personal injury Attorney | Mar 16
Relationship: Co-worker
"Mark is one of the most detail-oriented attorneys with whom I have ever worked. Once he gets a case, he delves into it with a zest and passion that leaves no stone unturned. I highly recommend him as an attorney for any case, but particularly in cases where facts need to be uncovered from large corporations. He is the best at finding needles in those haystacks."
This attorney hasn't created any attorney endorsements recently on Avvo.