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 damages can a burn victim recover in their injury case?

    A burn victim can recover both economic and noneconomic damages for the losses the injuries have caused. This can include:

    • Past, present, and future medical expenses to treat the burns.
    • Loss of income and benefits while the victim recovers from injuries. If the victim is left permanently disabled, they may also be able to recover loss of future earning capacity.
    • Pain and suffering
    • Emotional anguish
    • Loss of ability to perform daily activities
    • Scarring and/or disfigurement

  • Who can be held liable for the losses a burn injury victim suffers?

    A North Carolina will evaluate the details of the victim’s case to determine who the at-fault party or parties may be, but, in general, any party who acted negligently can be held liable. The manufacturer who designed and sold the defective product, the hairdresser who misapplied the hair dye on the customer and possibly the salon owner the hairdresser works at, the individual who started the fire, etc.

  • Who can file a personal injury lawsuit for a burn injury?

    Who can file a personal injury lawsuit for a burn injury?

    Any victim who suffers burn injuries as a result of another party’s negligent or reckless act or behavior can pursue damages for the losses those injuries cause them. Some of the common scenarios that may result in this type of injury case include:

    • An at-fault party handling a hazardous material in a negligent away and spills it on the victim, causing burn injuries
    • An at-fault party causes a fire to start that results in the victim sustaining burn injuries
    • An at-fault party misapplies a product on the victim that causes burn injuries, such as medical staff applying some form of medication or a hairdresser applying hair dye or other solution
    • The victim is burned by a product with a defective or dangerous design or problem during manufacturing

  • Is a personal injury attorney needed to file an injury claim or lawsuit on behalf of a minor child?

    There is no law which requires a victim to hire a person al injury attorney to represent them in an injury claim or lawsuit, however, unless injuries were very minor, these cases can become complex, especially when they involve a minor child.

    It is not uncommon for an insurance company to try to settle these cases as quickly and cheaply as possible, playing on parents’ emotions and offering them settlements far less than what the family deserves. By retaining the services of a personal injury attorney, you can be assured that attorney will work diligently to protect the rights of your child and family against the insurance company.

  • When does an injury claim or lawsuit have to be filed on behalf of a minor child?

    North Carolina law says a child has until one year beyond their 18th birthday to file a claim against the negligent party, however, many in the legal field feel that is usually not a good idea to wait that long, especially if the child is very young at the time of injury. This is because critical evidence could be lost during that time, witnesses move away or die, and other changing factors that could impact the case.

    Since the law does not recognize a minor child as being legally capable of filing a lawsuit on their own behalf, a guardian ad litem is appointed to be the child’s “voice” in any claim or lawsuit filed. This person can be a family member, attorney, or another third-party.

    The law requires that any settlement be approved by a judge before it becomes enforceable. Failure to do could allow the child to file their own lawsuit when they turn 18 because the courts may declare the child is not bound by the terms of the original settlement since judicial approval was not obtained.

  • What should a parent do if a child is injured in an accident caused by another party?

    When a child is injured, a parent’s first priority is to make sure that the child receives the medical treatment he or she needs to recover. Once the extent of the injury has been determined, as well as any long-term effects the injury may cause, the parent may decide to bring forth a personal injury claim or lawsuit against the party responsible for the injury.

    Any claim or lawsuit pursued can result in the financial compensation for any losses the child and their family suffered because of the injury. This can include all medical expenses, as well as the lost income sustained by the parent if they were unable to work because they had to care for the child during the recovery process. There may be other damages that can be pursued, including pain and suffering, emotional anguish, and permanent scarring or disfigurement. North Carolina law requires that these be filed as two separate claims, one on behalf of the child and the other on behalf of the parent.

  • Will my personal injury case go to trial?

    It depends on the facts of your particular personal injury case. Believe it or not, around five percent of personal injury cases go to trial. This means that the majority – a whopping 95 percent – are settled outside of court.

    Most cases are settled outside of court because it’s easier and quicker. Victims in personal injury cases already have enough to worry about. Their main focus is on recovering from their injuries, and they prefer to get their legal issues over with quickly instead of having them drag out.

    However, victims who were seriously injured and now face lifelong injuries cannot settle their cases quickly. It’s important for the discovery process to take place so that the extent of the injuries can be determined. This is helpful for the defendant, who may want to offer a settlement to the victim, but not without understanding the full value of the injuries sustained. In many cases, victims find out that their injuries are more severe than they originally thought, which means they can sue for more money and possibly receive higher award amounts.

    If your case is unusual in nature or involves large amounts of money, then you’ll likely have to attend a trial and battle it out against the other party in court. However, most run of the mill injury cases tend to stay out of the courtroom.

  • Is it possible to sue entities other than individuals and companies?

    Yes, you can sue any entity that has caused your injuries. This includes cities, counties and government agencies, as well as their employees.

    It’s important to know, however, that these types of claims are a bit more complex since the claims process is different. The statute of limitations is often shorter, so you must act quickly. You should contact a personal injury lawyer as soon as possible following an injury claim involving a government agency. Once you miss the deadline, you’ll lose out on compensation forever. 

  • How do I know that the settlement will be satisfactory to me for my personal injury case if you are my attorney?

    In North Carolina, Virginia and most other states, an attorney, whether in a personal injury case or any other type of civil case, does not have the authority to act on a settlement offer or accept a settlement offer without the client's express approval so there will no settlement without your approval.  As a matter of fact, if any settlement offer is made, attorneys must convey it to a client, and the get the client's permission before responding with a different settlement demand in response.  And it is basic law that an attorney cannot accept a settlement from an insurance company or their lawyer without the client's permission.  

  • In personal injury law, what is a contingency fee agreement?

    The "contingency" is that the case must be successfully resolved, and the client is in charge of whether to accept a settlement offer or to go to trial and obtain a verdict.  Unless the contingency of a recovery occurs, a client does not owe a legal fee or attorney's fee.  This essentially helps level the playing field between individuals and large corporations or insurance companies.