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Civil Cases

“Our goal in every case is to get you the compensation you deserve.”

Why should I contact a Law Firm?

The reason is simple: you don’t want to get low-balled.  Insurance companies are there to protect their customers, but they also want to protect their bottom line.  The worst thing you can do is to settle with an insurance company while you are still under a physician’s care, or for an amount that does not fully compensate you for your loss.

What does “personal injury” mean?

Personal injury is a generic term that means any injury you have suffered as a result of someone else’s wrongdoing.  It can include physical injuries, pain and suffering, emotional damage, lost wages, lost income, and any lasting disability.

What are “damages”?

Damages are losses suffered as a result of personal injury or wrongful death.  Damages can include property damage, medical bills, medical equipment expenses, funeral expenses, lost wages, lost earning power, disability, and damage to property.  There are also indirect damages, called special damages, which can include pain and suffering, emotional trauma, loss of companionship, and overall decreased quality of life.

Automobile and truck accidents

Probably the most common personal injury claim is an injury resulting from a car wreck.  If you get hurt on the road as a result of another driver’s negligence or recklessness, that other driver may be liable to you for any damages.  Whenever you are in a wreck, and you are hurt or you think you may be hurt, you need to call the police to make sure they come out and prepare an accident report.  Ask the officer where and when you can get a copy.   Don’t wait to seek medical care if you are hurt.  The longer you wait, the harder it can become to recover on a claim.

What if the other driver didn’t have insurance?

Usually, your own insurance policy will have what is called uninsured and underinsured coverage.  That means that your insurance company will be liable if the other driver did not have insurance or did not have enough insurance to cover your full loss.  

Wrongful death

A claim for wrongful death can occur when someone is killed as a result of someone else’s negligence, recklessness, or intentional act.  A wrongful death claim is brought by the executor or administrator of the deceased’s estate on behalf of the heirs.  This claim usually has to be brought within two years of death, so if you suspect your loved one died as a result of another’s wrongdoing, you need to act quickly.  These claims can be among the most expensive for insurance companies to pay out, so you should always seek legal counsel before accepting an insurance company’s offer to settle.

Premises liability / slip and fall

Property and business owners have a responsibility, called a reasonable duty of care, to warn guests and customers about dangerous conditions that exist on the property, and a duty to protect guests and customers if those dangerous conditions cannot be remedied.  For example, if a business owner knows  that stairs on the premises are rotted, and he lets customers walk up and down the stairs, that business owner may be liable if the stairs collapse.  Likewise, a residential property owner could be liable if someone gets hurt by a dangerous condition on their property.

Product liability

Sometimes, manufacturers make products that are dangerous to consumers.  A case that recently drew national attention was a company that made defective drains for swimming pools that caused small children to get sucked into the drain.  Any time you get seriously injured by something you bought, whether it’s a piece of equipment or an item you bought in the grocery store, you should first see if you followed the instructions for proper use and consumption.  If you did, and you were still injured, then the manufacturer may liable for your injury.

Construction liability

Defective construction can sometimes result in catastrophic injury.  Take, for example, the case where the pedestrian bridge collapsed at Lowe’s Motor Speedway in Charlotte.  Investigators determined that the collapse was likely the result of defective construction of the bridge.  Faulty construction can also result in injuries in the home – a stair rail can suddenly break off, stairs can collapse, ceilings can fall in, etc.  If you are injured as a result of defective construction, the builder may have to pay your damages.

Restaurant liability

We all get sick sometime, and it can be hard to trace it back to any particular food.  Our firm does not handle cases where somebody gets a simple case of food poisoning.  Sometimes, though, a lot of people get really sick, requiring hospitalization for an extended period, and it turns out that they all ate at the same restaurant.  In this situation, the restaurant owner may be disregarding safety standards in the way they prepare food.  We investigate and file suit in these cases when warranted.  This not only compensates you, it protects other customers.

How does the whole process work?

The first thing is a simple interview.  Call or email our office to schedule a time to come in as soon as you are able.  If you cannot travel, we’ll come to you.  Interviews don’t have to be in law offices.  If you were in a wreck, try to bring a copy of the accident report with you.  These reports are usually available online within 48 hours of the accident.  We can get a copy of the report if you cannot get it.  If you had to go to the hospital or are under a doctor’s care, bring any documentation you have with you.  If you don’t have any, we can get the information through a signed release.  Also, bring a copy of your own insurance policy if you have it.

During the interview, we’ll listen as you tell us everything that happened.  We then evaluate all the circumstances and let you know whether we think you have a good case.  Next, we sign a fee agreement.  Our fees are on a contingency basis, which means you don’t pay anything out of pocket.  Our fee is based on a percentage of what we can get for you.  

From there, we take over your case.  We deal with the insurance companies, we get the records from the doctors and hospitals, and we get records of lost wages from your employer.  All you do is focus on getting well and keeping track of any expenses related to your injury. 

In wrongful death cases, we’ll tell you everything we need to put together a solid case to make sure that the surviving spouse or family is fully compensated for the loss of their loved one.  Our goal will be to put together a picture of deceased’s life, and what that life meant to others, so that the full effect of what happened can be presented in a broad, clear, and forceful manner.

Call or email us today to schedule an appointment.

Latest Verdicts

Verdicts

United States v. Higdon
At sentencing, the judge denied the defense's request for a downward departure from the sentencing guidelines.

United States v. Huntley
This was Mr. Falls' first jury trial in federal court. Ms. Huntley was charged with conspiracy to possess with intent to distribute cocaine base, or "crack.

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