Frequently Asked Questions

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  • I suffered an adverse reaction from the prescription drug medication provided by my doctor. Do I have a case?

    If you receive the wrong medication for a condition or the wrong combination of medications and suffer an adverse side effect or injury, a medical malpractice claim could potentially be brought against the doctor who prescribed the medication. Claims could also be brought against the hospital where the treatment occurred and/or the pharmacist who filled the prescription drug.

    A medical malpractice claim in this situation could be based on a breach of the standard of care. In addition, you could file a claim against the pharmacy for the medication error. For example, if the injuries were caused by the manufacturing or marketing of the drug, you may be able to file a claim against the pharmaceutical company and/or retailer.

    About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • If I want to file a lawsuit for injuries I suffered from a bus, train, cruise ship or airplane accident, do I have to file a claim by a certain date or time?

    If a claim is not filed within the time period specified by a state's "statute of limitations" (i.e. time limit to file a claim), the injured individual or group loses their right to sue and recover losses from injuries accrued from a mass transit (i.e. bus, train, airplane, cruise ship, etc.) accident. The statute of limitations in Virginia for personal injury is two years.

    If the mass transit vehicle which caused your injury is government-owned (i.e. owned by the federal, state, county or city), there may be unique notices that must be given in a certain time period before filing a lawsuit. The time limit and notice requirements are usually available in the state code or city/local ordinances.

    In some areas, the time limit to provide notice is short, such as 30 to 60 days. An experienced injury lawyer, like those working for Shapiro & Appleton& Duffan will be able to give you with reliable information for the appropriate time limits and notice requirements.


    About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • If I'm hit and injured by a train, bus, airplane, or other common carrier vehicle what can I recover for my injuries?

    The general policy is that a common carrier vehicle like a bus, train, airplane, etc. is liable for injuries or damages caused by the negligent and/or reckless operation of its vehicles. If the common carrier vehicle is government-owned transit, the government may be liable for injuries or damages resulting from the use of the transportation system.

    There are some exceptions to lawsuits that can be filed against government-owned transit. In addition, every state and local municipality has specific rules and procedures for bringing a lawsuit against them.

    Numerous states and local governments require a unique notice be provided to the state or municipality before a lawsuit may be filed. This is why it's important to consult an experienced injury attorney so you can be aware of the "statute of limitations" (i.e. the time limit to file a claim) or deadlines that could effect your case.


    About the editors: The motto at Shapiro & Appleton& Duffan law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • How does the FELA work?

    Many railroad workers are led to believe that when a worker is hurt on the job he or she is automatically entitled to compensation. Most railroad claims agents will tell an injured railroad worker that compensation is simply a percentage of the time or wages lost, but this is totally false.

     

    Railroad workers are protected by the FELA which provides that workers can settle with, or sue their own railroad employer and the FELA permits a jury trial if desired. A jury may award past and future lost wages, past or future medical expenses not covered by the employer's health insurance, pain/suffering, permanent impairment, and other damages.

     

    The claim that a worker is only entitled to wages lost is simply not true. Also, if a railroad worker is injured or killed at work, survivors or the estate in a death case are entitled to recover most all of the damages outlined above.

  • What is the North Carolina (NC) statute of limitations for a personal injury in a medical malpractice case?

    First, always consult a lawyer for specific legal advice as this is only a guide and never rely on such a guide for an important legal decision.  In North Carolina, there is a three-year statute of limitations on personal injuries arising from car accidents and this limitation period usually applies to medical malpractice cases. Again, there are exceptions and specific legal device should be sought out.

    Medical malpractice actions must be commenced within three years of the act or omission giving rise to the injury, or within two years of the date of discovery, to a maximum of four years following the date of the act or omission. In cases involving wrongful death, the limitations period is usually two years. Medical malpractice actions for objects left inside the body may be commenced within one year of the date of discovery, to a maximum of ten years after the date of the act giving rise to the injury. Under North Carolina law, a minor must usually file suit within one year of his or her eighteenth birthday.

    One of the many reasons the lawyer should be consulted is that each state has special rules on what is usually called "the discovery rule" which essentially means sometimes a statute of limitations may be extended if the person could not reasonably discover that they had a case. Also persons who are “incompetent” (states have legal definitions on what this means) or under some type of (legal) disability, may have additional time to bring a lawsuit under certain state rules.

    Also, which state's statute of limitations applies to a particular type of personal injury is not always clear, for example, if a resident of North Carolina suffers an injury in Virginia, which state’s statute of limitation that applies may be complicated and depend on the precise types of claims that apply to the particular case. . It may depend on where a lawyer chooses to file a personal injury lawsuit. So, depending upon what type of personal injury action, whether under a state law or federal law or statute, as well as where the action is going to be filed in court, may have bearing on what statute of limitations applies, as well as what other exceptions to the statute of limitations may allow a personal injury victim/claimant to extend the period by which a suit may be filed.

    In complicated situations this is a very important legal determination that should only be made by a qualified, experienced, personal injury lawyer. This is another reason that you should obtain a confidential, free, initial consultation with a personal injury lawyer with our law firm if you are uncertain about the statute of limitations that may apply to a particular claim/case or personal injury situation.

  • Is the law applying to a car and truck wreck case different from a car injury case and how?

    There are many parts that are the same, but evidence law applying to interstate trucking is vastly more complicated.  For example, federal motor carrier safety laws apply to trucking.  There are many insurance regulations governing trucking.  The law of statutes of limitations usually, not always, is governed by state laws.  Please review our practice area (trucking injury) for extensive discussions of car/truck accidents/collisions.  Our firm has handled major injury cases involving trucks and tractor trailer crashes, for example review our case result section on this website.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • I was never diagnosed with a closed head injury or a brain injury at first-what does that do to my potential case?

    It is fairly common that a brain injury/closed head will not be diagnosed at the ER or even in the first weeks after a wreck or collision.  This alone will not defeat the potential case.  Brain injuries are often missed at first even by trained professionals.  Please read over other discussions we have posted related to brain injury law or case results.  Call us to discuss your questions.

  • Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?

    Yes, there are many different laws that apply in each state.  Most such cases arise under state laws (but some federal laws set forth the rules/laws) and each state provides evidence laws on the types of losses/damages that can even be recovered in a wrongful death lawsuit (caused by negligence, carelessness, or violation of a relevant statute/regulation).  The state limitation period to even file a wrongful death suit is sometimes different than the statute of limitations for a personal injury suit.  Also, many states have laws on who can file the suit for the deceased person.  We highly recommend you obtain a free consultation very early on to protect your family.  Please review case results on this site, but better yet call us immediately for a free consultation.

  • What is the North Carolina (NC) general statute of limitations for a personal injury?

    First, always consult a lawyer for specific legal advice as this is only a guide and never rely on such a guide for an important legal decision.  In North Carolina, there is a three-year statute of limitations on personal injuries arising from negligence and this limitation period usually applies to medical malpractice cases. Again, there are exceptions and specific legal device should be sought out.


    Medical malpractice actions must be commenced within three years of the act or omission giving rise to the injury, or within two years of the date of discovery, to a maximum of four years following the date of the act or omission. In cases involving wrongful death, the limitations period is usually two years. Medical malpractice actions for objects left inside the body may be commenced within one year of the date of discovery, to a maximum of ten years after the date of the act giving rise to the injury. Under North Carolina law, a minor must usually file suit within one year of his or her eighteenth birthday.


    One of the many reasons the lawyer should be consulted is that each state has special rules on what is usually called "the discovery rule" which essentially means sometimes a statute of limitations may be extended if the person could not reasonably discover that they had a case. Also persons who are “incompetent” (states have legal definitions on what this means) or under some type of (legal) disability, may have additional time to bring a lawsuit under certain state rules.


    Also, which state's statute of limitations applies to a particular type of personal injury is not always clear, for example, if a resident of North Carolina suffers an injury in Virginia, which state’s statute of limitation that applies may be complicated and depend on the precise types of claims that apply to the particular case. . It may depend on where a lawyer chooses to file a personal injury lawsuit. So, depending upon what type of personal injury action, whether under a state law or federal law or statute, as well as where the action is going to be filed in court, may have bearing on what statute of limitations applies, as well as what other exceptions to the statute of limitations may allow a personal injury victim/claimant to extend the period by which a suit may be filed.


    In complicated situations this is a very important legal determination that should only be made by a qualified, experienced, personal injury lawyer. This is another reason that you should obtain a confidential, free, initial consultation with a personal injury lawyer with our law firm if you are uncertain about the statute of limitations that may apply to a particular claim/case or personal injury situation.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

  • What is the North Carolina (NC) statute of limitations for a personal injury in a car accident or medical malpractice case?

    First, always consult a lawyer for specific legal advice as this is only a guide and never rely on such a guide for an important legal decision.  In North Carolina, there is a three-year statute of limitations on personal injuries arising from car accidents and this limitation period usually applies to medical malpractice cases. Again, there are exceptions and specific legal device should be sought out.

     

    Medical malpractice actions must be commenced within three years of the act or omission giving rise to the injury, or within two years of the date of discovery, to a maximum of four years following the date of the act or omission. In cases involving wrongful death, the limitations period is usually two years. Medical malpractice actions for objects left inside the body may be commenced within one year of the date of discovery, to a maximum of ten years after the date of the act giving rise to the injury. Under North Carolina law, a minor must usually file suit within one year of his or her eighteenth birthday.

     

    One of the many reasons the lawyer should be consulted is that each state has special rules on what is usually called "the discovery rule" which essentially means sometimes a statute of limitations may be extended if the person could not reasonably discover that they had a case. Also persons who are “incompetent” (states have legal definitions on what this means) or under some type of (legal) disability, may have additional time to bring a lawsuit under certain state rules.

     

    Also, which state's statute of limitations applies to a particular type of personal injury is not always clear, for example, if a resident of North Carolina suffers an injury in Virginia, which state’s statute of limitation that applies may be complicated and depend on the precise types of claims that apply to the particular case. . It may depend on where a lawyer chooses to file a personal injury lawsuit. So, depending upon what type of personal injury action, whether under a state law or federal law or statute, as well as where the action is going to be filed in court, may have bearing on what statute of limitations applies, as well as what other exceptions to the statute of limitations may allow a personal injury victim/claimant to extend the period by which a suit may be filed.

     

    In complicated situations this is a very important legal determination that should only be made by a qualified, experienced, personal injury lawyer. This is another reason that you should obtain a confidential, free, initial consultation with a personal injury lawyer with our law firm if you are uncertain about the statute of limitations that may apply to a particular claim/case or personal injury situation.