The questions on this page were answered by our team of lawyers. The questions are categorized by practice area such as car wrecks, medical malpractice, traumatic brain injuries, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.

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  • What are the long-term effects of PTSD?

    PTSD can be so severe that the symptoms can be lifelong. The victim can be left unable to work, take care of their family, or generally cope with their life, affecting the victim’s relationship with their family and friends.

  • What are the signs of PTSD?

    • Angry outbursts
    • Chronic pain
    • Disinterest in activities
    • Excessive guilt or shame
    • Fear of driving or riding a car
    • Feelings of detachments
    • Headaches
    • Nightmares and flashbacks
    • Physical response to the memory of the event
    • Sleep disturbances
    • Substance abuse to cope with the anxiety
    • Suicidal thoughts

  • What is Post-Traumatic Stress Disorder (PTSD)?

    PTSD is an anxiety disorder that victims of traumatic events can develop. It often occurs when the victim has experienced a catastrophic situation or highly stressful event. Some of these events include war, vehicle accidents, death of a loved one, assault, childhood abuse, or kidnapping.

    It is estimated that approximately 30 percent of car accident victims develop PTSD, or between three to seven million people.

  • I suffered a serious injury while staying at an Outer Banks rental house. Can I file a claim against the landlord?

    The North Carolina Vacation Rental Act (VRA) can give you grounds for filing a personal injury claim. Succeeding with such a claim would require you to show that you suffered harm because the landlord failed to comply with building codes, did not repair faulty electrical equipment or neglected to keep the residence or its grounds in good condition. The types of cases that can be brought under the VRA include slips and falls, electrical shock/electrocution and drownings.

    EJL

  • I suffered a serious injury while staying at an Outer Banks rental house. Can I file a claim against the landlord?

    The North Carolina Vacation Rental Act (VRA) can give you grounds for filing a personal injury claim or wrongful death lawsuit. Succeeding with such a claim would require you to show that you suffered your injury because the landlord, owner or rental agent failed to comply with building codes, did not repair faulty electrical equipment or neglected to keep the residence or its grounds in a fit and habitable condition.

    The types of cases that can be brought under the VRA include

    • Trips, slips and falls caused by a defective condition, unsafe conditions in a common area or a building code violation;
    • Electrical shocks/electrocutions due to code violations; and
    • Drownings or near near-drownings when a pool on the property is not properly fenced with a self-latching gate.

    EJL

  • What duties do landlords have under the North Carolina Vacation Rental Act?

    North Carolina has a good vacation rental law that requires the provision and maintenance of inhabitable properties that are in compliance with current building codes. As spelled out in Article 5 of the state’s Vacation Rental Act the statutory duties of the people or companies that rent out residences for extended stays of less than 90 days are to

    • Comply with all current applicable building and housing codes.
    • Make all repairs and do whatever is reasonably necessary to put and keep the property in a fit and habitable condition.
    • Keep all common areas of the property in safe condition.
    • Maintain electrical, plumbing, sanitary, heating, ventilating and other facilities and major appliances supplied by the landlord in safe working order and repair those items promptly.
    • Provide operable smoke and carbon monoxide detectors.

    A landlord or property owner who does not fulfill these legal obligations can be held liable for personal injuries or wrongful deaths.

    LEARN MORE

    EJL

  • What is the North Carolina Vacation Rental Act?

    Chapter 42A of the North Carolina General Statutes, which goes by the title of the Vacation Rental Act (VRA), exists to protect visitors from fraud, injury and financial losses by outlining the legal duties of landlords and rental agents. The law also states the duties of tenants to ensure that their interests and rights of property owners are protected.

    LEARN MORE

    The VRA applies to all vacation properties that can be rented for less than 90 days. One its most important provisions is its requirement for renters and landlords to sign written leasing agreements that, according to the state attorney general, spells out

    • The rental price, security deposit and possible fees;
    • The rights and obligations of the tenant; and
    • The rights and obligations of the landlord and/or real estate agent or broker.

    The act also places legal duties on the landlord for and owner of a vacation rental “to keep the property safe and habitable.” Failing to meet those duties creates potential statutory liability for personal injuries and wrongful deaths on property owners, landlords and real estate agents or brokers.

    EJL

  • Does North Carolina place a cap on personal injury damage awards for noneconomic losses?

    State law limits recovery for noneconomic damages from medical malpractice injuries to $500,000. Judges and juries in civil trials are allowed to follow this guideline in other types of personal injury and wrongful death cases.

    Noneconomic damages are losses that cannot be precisely calculated. They include pain, emotional distress and loss of companionship.

    EJL

  • What do “loss of consortium” and “loss of society” mean in the context of a North Carolina personal injury lawsuit?

    The simplest way to define “consortium” as a term of art in personal injury law is to admit that it means “sex.” When a reckless or negligent act leaves a person so disabled that he or she can no engage in sexual activity with a spouse or life partner, grounds for claiming monetary damages for loss of consortium exist.

    Loss of society is a broader concept that covers diminished capacities to feel and express love and affection, provide care for others and offer advice and guidance. People who suffer injuries in accidents caused by someone else can claim monetary damages for loss of society, as can the spouse or child of an accident victim.

    EJL

  • What are noneconomic damages in a North Carolina personal injury lawsuit?

    Broadly, noneconomic damages are compensation for losses that cannot be precisely calculated. Medical bills and lost wages are economic losses, while North Carolina laws related to personal injuries, wrongful deaths and medical malpractice list noneconomic damages as

    • Pain,
    • Suffering,
    • Emotional distress,
    • Loss of consortium, and
    • Loss of society, companionship, comfort, guidance, kindly offices and advice.

    Which types of damages will be available depend on the facts of the case. Consulting with a knowledgeable North Carolina personal injury attorney will clarify what can be claimed.

    EJL