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Articles Posted in Personal Injury – Other

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North Carolina Appellate Court Issues Ruling in Case Involving a Workers’ Compensation Claim and Car Accident Based on the Same Set of Facts

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…

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North Carolina Appellate Court Reverses Dismissal of Wrongful Death Action for Alleged Procedural Rule Violation

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…

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North Carolina Appellate Court Upholds Dismissal of Battery Claim Against Business Owner due to Lack of Foreseeability

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…

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North Carolina Appellate Court Approves $3.5 Million Damages Award in Intentional Tort Lawsuit

A personal injury lawsuit can involve more than just an accident where someone acted negligently. If you were the victim of an intentional act of violence like battery or sexual abuse, then you can bring a civil claim against the perpetrator to recover compensation for your injuries and damages. This claim…

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North Carolina Appellate Court Discusses Vicarious Liability Doctrine in Negligent Hiring and Retention Case

Many people know that you can bring a civil claim to recover compensation for physical injuries that you suffer due to someone else’s negligence. But fewer people know that North Carolina recognizes civil claims against an employer for the tortious acts that its employees commit during the course and scope…

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North Carolina Appellate Court Upholds Dismissal of Negligent and Intentional Infliction of Emotional Distress Claim

The North Carolina civil justice system allows individuals who suffered physical injuries due to someone else’s negligence to bring a claim for compensation. There are also causes of action that allow individuals to recover compensation from individuals who cause negligent or intentional emotional distress. Because this injury is not as…

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North Carolina Appellate Court Upholds Dismissal of Workers’ Compensation Claim due to Lack of Jurisdiction

If you are injured in an accident, one of the first questions that you will need to address is where you should file your claim for compensation. If your injury took place during the course and scope of your employment, then it is governed by the North Carolina workers’ compensation…

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North Carolina Appellate Court Discusses The Workers’ Compensation Exclusivity Rule in Misdiagnosis Case

A common question that we encounter as seasoned Asheville personal injury lawyers is whether a particular injury accident can be brought forward as a civil claim or whether it must be addressed through North Carolina’s workers’ compensation system. Under the exclusivity rule, if an injury happens during the course and…

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North Carolina Appellate Court Discusses Public Duty Doctrine in Overdose Fatality Case

Drug-related medical emergencies can be stressful situations for everyone involved including first responders. When a first responder fails to follow proper procedures or to take reasonable cautions to ensure that someone who is under the influence receives necessary medical attention, the outcome can be disastrous or even fatal. As seasoned…

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