If you are injured in a trip and fall accident on someone else’s property, you may have a premises liability claim for damages against the persons responsible for the property where the accident happened. At Maurer Law, our seasoned team of Charlotte trip and fall lawyers have handled numerous claims on behalf of individuals who wound up with serious injuries and expenses because the property owner failed to keep the property in a safe condition. We are available to assist you in exploring your right to compensation.

Recently, the North Carolina Court of Appeal was asked to decide whether a jury properly found that a plaintiff in a trip and fall case was contributorily negligent in causing her injuries. The plaintiff tripped and fell at the Blue Ridge Shopping Mall in Hendersonville in an area of its parking lot where an energy company had performed maintenance on utility lines beneath the surface. The patched area was roughly a half-inch lower than the surrounding parking lot surface.

The plaintiff parked her vehicle in a parking spot next to the patched area and tripped on the edge. She alleged in her complaint that because it was a sunny day, shadows obscured the edge and made it impossible to see. She suffered a concussion and fractured left knee as a result of the fall requiring a total knee replacement among other treatments.

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Pedestrian accidents usually result in serious or fatal injuries for the victim due to the sheer size and force of most motor vehicles on the road today. If you or someone you love was injured as the result of a careless driver, then you may be entitled to compensation. At Maurer Law, our compassionate team of Charlotte pedestrian accident lawyers are prepared to assist you with all aspects of your claim, including gathering evidence, negotiating with insurance companies, and securing the settlement or judgment that you deserve.

The North Carolina Court of Appeal discussed a pedestrian accident in a recent appellate opinion. In the case, the plaintiff left her apartment and began walking to a local shopping center in Goldsboro. The defendant was driving in the northbound lane on her way home from work at roughly 35 miles per hour. The lane on which the defendant was traveling was a five-lane road featuring two lanes on either side, a turn lane, and a paved median. The plaintiff crossed the two southbound lanes of this road and stood on the paved median. There was a vehicle in the turn lane that had stopped to allow the plaintiff to cross.

An SUV in one of the northbound lanes had also come to a stop to allow the plaintiff to stop and traffic was backing up as a result. The plaintiff walked in front of the SUV and peered around it to see if the way was clear, but the SUV driver blew its horn and the plaintiff began running across the road. As she ran across the second northbound lane, the defendant’s vehicle struck the plaintiff.

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Most people know that suffering a slip and fall accident on someone else’s property may entitle you to compensation from the owner for your injuries and damages. When the owner of the property is a government entity, however, there are many additional rules that apply to how you must go about asserting your claim. The compassionate and responsive Charlotte premises liability lawyers at Maurer Law are available to assist you with investigating your claim and ensuring that you protect your rights.

In a recent case, the North Carolina Court of Appeal was asked to consider whether a lower court properly granted summary judgment in favor of a city in a slip and fall accident. The accident took place at a building that the city had purchased from the county in an attempt to revitalize its downtown area. It leased the property to nonprofit art groups. The lease stated that the defendant was responsible for maintaining the exterior of the building and had the right to inspect it from time to time.

The plaintiff was one of the subtenants leasing the building at the time the accident occurred. She was carrying a large stack of pictures through a rear exit of the building when she lost her balance on a set of stairs and fell. Evidence in the record suggested that the concrete material that comprised the steps had eroded. She suffered a broken hip and other injuries as a result of the fall. The plaintiff filed a claim against the city as the owner of the building.

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It is not unusual for someone to be involved in multiple injury accidents within a short timeframe. While one claim for compensation is usually overwhelming enough for the victim, two claims can be incredibly confusing. If one of your claims involves a workers’ compensation injury and the other is a civil injury, you may need to follow specific rules regarding how the two claims are related. At Maurer Law, our competent team of diligent Asheville personal injury lawyers is ready to help you ensure that you handle your injury claims correctly and that you receive the compensation that you deserve.

A recent appellate opinion highlights the unique issues that can arise when someone suffers multiple injury accidents in the same timeframe in North Carolina. The plaintiff suffered a work-related accident in June 2009 and he promptly filed a workers’ compensation claim. Shortly thereafter, the plaintiff was involved in a motor vehicle accident while driving to his doctor’s office to pick up a note indicating that he was unable to work due to the pain from the work-related injury.

The plaintiff hired an attorney to represent him in seeking compensation from the driver who caused the car accident, which caused him to suffer a traumatic brain injury. He later settled his personal injury claim for roughly $45,000 and received net proceeds of $16,000 after paying attorney fees, costs, and medical expenses. These proceeds were distributed without reimbursing the employer for its workers’ compensation lien and without an order from the Industrial Commission allowing distribution of the funds. The plaintiff’s attorney learned about the car accident during a mediation involving the work injury and claimed that the injuries from the car accident should have been covered under the employer’s workers’ compensation insurance policy because the plaintiff was driving to the doctor’s office to obtain a work release note.

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When you lose a loved one as the result of another party’s carelessness or recklessness, you can bring a wrongful death claim against the person or company that caused the death to recover compensation. This is often one of the most traumatic experiences that a family or individual will experience in his or her lifetime. Although no amount of money can ever return the loss of your loved one, it can make a difference when it comes to recovering from the severe financial impact that results from suddenly and tragically losing a loved one. At Maurer Law, our Charlotte wrongful death lawyers are available to assist you with exploring your potential right to recovery.

In a recent appellate opinion, the North Carolina Court of Appeal considered whether a wrongful death claim brought against the City of Raleigh was valid. In the complaint, the administrator of the decedent’s estate brought a claim against the city alleging that one of its officer’s patrol cars collided head-on with the motorized scooter on which the decedent was riding. According to the record, the officer was speeding on a two-lane road while engaged in a silent vehicle pursuit. The decedent, traveling in the opposite direction, made an abrupt turn across the officer’s lane of travel without using a turn signal. The vehicles collided head-on and the decedent and his passenger died immediately.

The trial court granted a motion to dismiss from the city and the plaintiff appealed. The plaintiff argued that the evidence presented a genuine issue of material fact regarding whether the officer was operating his patrol car with gross negligence. It also argued that governmental immunity did not apply to this case because the officer was acting in a particularly reckless manner and on the basis that the city waived its right to sovereign immunity. The plaintiff also alleged that its negligent supervision claim was improperly dismissed.

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One of the most challenging parts of bringing a civil claim for damages is understanding the various procedural rules that apply to your case. When it comes to filing an amended complaint, for example, there are rules governing how and when an amended complaint can be filed. Discovering new evidence can be incredibly helpful for your case, but only if you are allowed to amend the complaint to add a new claim or new allegations. At Maurer Law, our Charlotte car accident lawyers are prepared to assist you with seeking compensation after suffering injuries in an accident. This includes handling all phases of the legal process and protecting your rights.

Recently, the North Carolina Court of Appeal was asked to consider whether a lower court properly denied a defendant’s request for leave to amend their answer to the plaintiff’s complaint. The case arose from a car accident in which the defendant’s vehicle struck the plaintiff’s vehicle. When the accident happened, there was a red flashing light pointed at traffic from the road on which the defendant was traveling. There was also a stop sign five to ten feet back from the intersection. The lane of traffic in which the plaintiff was traveling was facing a yellow flashing caution light. The defendant drove across the plaintiff’s lane of travel when attempting to make a left turn.

In answering the complaint, the defendant denied the allegations but did not raise contributory negligence as a defense. This is a theory that holds a plaintiff accountable where the defendant can show that the plaintiff also acted negligently at the time of the crash. If the defendant can show that the plaintiff was also negligent, then the plaintiff is barred completely from recovering compensation. A few days later after filing the answer, the defendant filed an amended answer.

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There are few things more devastating in life than suddenly and unexpectedly losing a loved one as the result of another person’s carelessness or recklessness. At Maurer Law, we provide compassionate and diligent legal representation to families who have lost a loved one in this manner. Although few things can truly help you cope with the loss, receiving the compensation that you deserve can help you address the financial impact of the situation. Contact us today to learn more about bringing a Charlotte wrongful death claim on behalf of your loved one.

Recently, the North Carolina Court of Appeal was asked to consider whether summary judgment was appropriately granted in a wrongful death claim. The decedent lost his life when the tractor that he was operating at a construction site began to roll, ejecting him from the machine. The tractor rolled on top of him and he died as a result of his injuries.

His mother filed a wrongful death complaint as the administrator of his estate and alleged that the defendants, the decedent’s employers, were grossly negligent by replacing the seat of the tractor with one that did not have a seatbelt and allowing the tractor to be operated without a seatbelt. The complaint also alleged negligence for failing to adopt safety procedures that would have prevented the operation of the tractor on a slope where it could roll over and by directing the decedent to run the tractor on the slope. The plaintiff alleged that each of these actions were willful and not merely careless accidents.

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There are countless types of legal disputes that can arise from a loved one’s placement in a nursing home facility. Although we trust these facilities to look after our elderly loved ones when we are unable to, sometimes they abuse this trust and engage in negligent or reckless conduct that places our loved ones at risk. The dangers that face nursing home residents include lack of adequate supervision, various types of intentional abuse including physical, emotional, and sexual abuse, and medical malpractice. If your loved one was injured in a nursing home facility or lost his or her life as a result of inadequate care, contact the Asheville nursing home abuse and neglect lawyers at Maurer Law today to learn more about your legal rights and options.

Recently, the North Carolina Court of Appeal was asked to consider an appeal involving a man who fell and died as a result of his injuries while admitted as a patient at a nursing home facility. The administrator of the decedent’s estate brought a claim against the facility alleging that the facility breached its common law fiduciary duty and engaged in professional negligence. The defendants denied the allegations, moved to dismiss the claim, and asserted contributory negligence as an affirmative defense. The plaintiff later moved to amend his complaint to add new information.

The trial court denied the motion to amend, noting that the plaintiff had failed to comply with Rule 9(j) in the original complaint and the proposed amended complaint. Rule 9(j) requires a court to dismiss a complaint alleging malpractice against a healthcare provider unless the complaint provides a statement that an expert witness has reviewed the records and claims and is willing to testify that the defendant healthcare provider’s conduct fell below the standard of care.

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If you are injured as the result of someone else’s negligent conduct, you may be entitled to compensation. Recovering the compensation that you deserve often involves filing a civil claim against the person or companies who are responsible for your injuries. The North Carolina civil justice system has numerous laws that a party must follow in order to preserve his or her rights and to pursue his or her claim successfully. As seasoned Charlotte personal injury lawyers, we proudly assist injured persons throughout the region with bringing a claim for damages against someone who hurt them. Let us help you ensure that you are asserting your legal rights to the fullest extent and protecting your right to recovery.

Recently, the North Carolina Court of Appeal was asked to consider whether a trial court properly granted summary judgment in a wrongful death claim where the defendants alleged that the plaintiff failed to comply with a key rule of civil procedural. Just as there are substantive rules that set forth when a party can or cannot recover compensation, the legal system also has many procedural rules that cover things like time limits for filing a claim, the specific documents you must provide the court, and the information that must be contained in each document.

In this case, the defendants alleged that the plaintiff failed to comply with Rule 9(j), which requires a plaintiff alleging a claim for medical malpractice to contain in his or her complaint a statement that the records and evidence have been reviewed by a person who will reasonably be expected to qualify as a medical expert and that this expert believes that the defendants acted negligently. In this case, the plaintiff filed a complaint containing the Rule 9(j) statement as well as a motion identifying the person designated as the proposed expert witness. The motion included the C.V. for the proposed expert witness, too.

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There are some situations where a third party has a duty of care to protect you from the dangerous acts of another person. Although there may be criminal charges pressed against the person who carried out the battery, false imprisonment, or other crime, the victim can also bring a claim against the persons allegedly responsible for failing to prevent the harm. At Maurer Law, our committed team of Charlotte personal injury lawyers is prepared to assist you with determining whether you have a claim against another person or company for failing to protect you from foreseeable harm from a third party.

A recent appeal demonstrates this theory. In the claim, the plaintiff alleged that a medical group and its staff failed to protect the plaintiff from an agitated and violent patient that entered the business’ waiting room while she was present and waiting for an appointment. The agitated person ended up attacking the plaintiff in the office. The plaintiff alleged in her complaint that the medical group and its staff had a duty to protect persons who entered the business and that the attack was foreseeable once the agitated patient arrived. The plaintiff further alleged that the defendants acted negligently by failing to immediately call for help when the agitated patient made statements threatening severe violence, by summoning the plaintiff to the area where the agitated patient was located, and by failing to train staff about how to deal with the situation.

In response, the defendants argued that the assault was not foreseeable and that therefore they did not have a duty to the plaintiff to protect her. They also argued that even if a duty was established, they immediately contacted the police and attempted to diffuse the situation before attempting to restrain the agitated patient. The lower court ultimately granted the defendant’s motion for summary judgment finding that no duty arose. The plaintiff appealed.

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