Yes. Even though the state has sovereign immunity (which means that the government cannot be sued) with respect to its agencies, the state has waived protection from this immunity depending upon the nature of the claim. North Carolina and its agencies waive immunity for negligence claims through the operation of...
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Blog Archives
How will my case be resolved?
Some clients have a strong desire to put their case before a jury, and some clients are reluctant to go through litigation and be in a court room. Our goal is to resolve your case at whatever point is best for you. Sometimes this means settling in pre-litigation, settling after...
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How long will it take for my personal injury claim to be resolved?
There is no set amount of time it takes to resolve a personal injury claim. The process can take several months to several years and varies from case to case. We always strive to expedite cases, but this time period is usually influenced by the severity of your injury, the...
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What is a contingency fee?
A contingency fee is a contractual form of establishing an attorney’s fees between a client and attorney. Generally, a contingency fee means that there are no attorney’s fees unless there is a recovery and the amount of the attorney’s fee is based on an agreed upon percentage of that recovery....
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How much does it cost to hire an attorney?
Most personal injury attorneys, including Riddle & Brantley, LLP, will take your case under a contingency fee agreement. The North Carolina State Bar allows contingency fees in only a few types of cases including personal injury, workers’ compensation, and social security disability cases.
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How long can I wait to file a personal injury claim?
North Carolina, along with everyone other state, has enacted statutory restrictions on the time allowed to bring a civil action forward. In North Carolina, state laws mandate that a personal injury claim be brought forward within three years of discovering the injury or when the injury should have been discovered....
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What should I do if an insurance company approaches me to settle the claim?
It is important that you do not sign anything you do not understand, nor agree to a settlement that you are not comfortable with. Insurance companies will often try to settle as quickly and as cheaply as possible. Remember, the insurance company has its own interest in mind, not yours...
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What is contributory negligence?
North Carolina law recognizes a legal defense called contributory negligence and it is one of the most common defenses in personal injury cases. This is a defense to a claim for damages and operates as a complete block to any recovery for compensation or damages. If the injured party was...
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What are punitive damages?
In North Carolina, punitive damages may be awarded only if the defendant is liable for compensatory damages, such as medical expenses and pain and suffering, and one of the following aggravating factors is present and related to the injury for which compensatory damages were awarded: (1) fraud, (2) malice, or...
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What are damages?
Every personal injury case can be boiled down into two major components; liability and damages. If the party who caused your grievances is found to be negligent, and therefore liable, then the extent of the damages that party is responsible for must be determined. Damages are the amount necessary to...
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