North Carolina Injury Lawyer
North Carolina Attorney Asserting the Rights of Accident Victims
Statesville injury lawyer, Anthony Privette has a highly trained staff and many years of experience fighting for the rights of people who have been harmed by others. He has recovered millions of dollars in cases arising from car accidents, truck crashes, motorcycle accidents, workplace accidents and more. He represents clients in the areas around Statesville, Charlotte, Winston-Salem, Mooresville, Taylorsville, Mocksville, Wilkesboro, and Hickory.
Most personal injury lawsuits allege the negligence of the defendant. To establish negligence, a plaintiff must prove by a preponderance of the evidence that the defendant failed to use the necessary care in the circumstances, thus causing an accident, and that the plaintiff sustained actual damages. If liability is established, you may be entitled to various forms of compensatory damages. These may include economic losses, such as medical bills, lost income, emergency care and out of pocket expenses. Noneconomic losses may also be recovered. These can include pain and suffering, emotional distress and loss of consortium.
Often, a negligent driver is responsible for injuries arising out of a car accident. An injury attorney in the Statesville area can help victims pursue damages from drivers and insurers. Drivers may breach their duty to other drivers on the road by speeding, weaving, driving while impaired, tailgating, texting while driving or driving while fatigued, among other examples. Under North Carolina General Statutes, section 1-52, a civil lawsuit for injuries or property damage needs to be filed within three years of the accident date. North Carolina follows the doctrine of contributory negligence, which means that a victim cannot recover damages if they are found even partially at fault for a car accident.
Due to the weight and size of commercial trucks, injuries arising out of a truck accident are often catastrophic. A truck driver may be negligent in many of the same ways as a driver of a car, such as drunk driving, speeding, weaving, failing to check blind spots, or texting while driving. After a serious crash, a victim needs to immediately retain an experienced injury lawyer in Statesville or surrounding areas to help them investigate what happened. Moreover, an interstate truck driver is supposed to follow the Federal Motor Carrier Safety Administration (FMCSA) regulations, and violating these rules can be a strong indication of negligence. However, it is important to look at all of the possible sources of a crash, such as a trucking company’s negligence or defective manufacturing or design of the vehicle and its components including tires. These cases often involve a wider range of defendants than car accident cases.
There is no buffer between a motorcyclist and the force of a collision. Often, motorcyclists are seriously or even fatally injured, while the driver of a larger vehicle may walk away without any injuries. All motorcyclists in North Carolina are required to wear a helmet to reduce their chance of suffering traumatic brain injuries, but taking the appropriate precautions does not eliminate all risk. Often, juries or insurers have a negative bias against motorcyclists, so it is important to hire a Statesville injury attorney who can counter any bias. This is especially relevant in North Carolina because a jury must find that a victim was not even 1 percent at fault to award any damages.
Serious Injuries and Paralysis
Serious injuries resulting from accidents often include paralysis, traumatic brain injuries, burns, amputations, complex fractures, organ damage, and damage to vision. These kinds of injuries can have an impact on you for the rest of your life, making it difficult to conduct ordinary tasks of daily living. Damages may be higher when catastrophic injuries are involved. If, for example, you are paralyzed, you will need special medical equipment, medical care for life, special transporting and alterations to your home. Additionally, a jury is likely to understand that the pain and suffering from paralysis are greater than they would be for a simple broken bone. You should retain an attorney experienced in paralysis injury cases who can document all of your injuries and present testimony that illustrates their impact on your life.
In North Carolina, a wrongful death case is similar to a personal injury claim in that it is usually based on negligence. Only the person who is the decedent’s personal representative can bring a wrongful death claim in place of the personal injury lawsuit that the decedent could have filed if they had lived. Often, the personal representative is an executor named in a will, surviving Spouse or Administrator of the Estate. People who would receive an inheritance based on intestate succession laws, such as a spouse and children, can receive the damages awarded in a wrongful death lawsuit. You should contact a Statesville injury lawyer as soon as possible because a wrongful death lawsuit needs to be filed within two years of the decedent’s death, evidence needs to be preserved and an evaluation of damages by an expert needs to be performed.
If a North Carolina employer has at least three employees, it is required by law to carry workers’ compensation insurance. This type of insurance provides benefits for work-related injuries or illnesses. You will need to notify your employer of a work-related condition within 30 days. If your claim is approved, you may be able to get medical benefits and disability benefits, which may be either temporary or permanent. If your claim is denied, you can appeal the denial. The workers’ compensation system is administered by the North Carolina Industrial Commission.
Real Estate Transactions
We also handle residential real estate transactions, refinances, purchases, sales financing transactions, leases with options to purchase and commercial property transactions. Residential real estate transactions require that both the buyer and the seller retain an attorney to accomplish the title examination and prepare closing documents for the parties and lender if applicable. Multiple legal requirements must be met for real estate transactions. For example, under North Carolina Law, only an attorney licensed to practice in North Carolina can conduct the material portions of the closing transaction. Commercial property transactions can also be complicated. It is crucial to consider whether the property is zoned properly for the activities that will be conducted there, for example. Often, buyers are not given as much consumer protection in a commercial real estate transaction as they are in a residential real estate transaction.
Estate planning is the process of planning for death or incapacitation. Generally, an estate plan provides for the distribution of an estate through various instruments, which may include wills and trusts. An estate is made up of everything that the deceased person owns at death, including bank accounts, real property, vehicles, furniture, jewelry, and other personal property. Estate planning can also include the drafting and execution of powers of attorney for financial and healthcare purposes.
A will is one of the most basic estate planning documents. Through a will, you can leave your property to certain people or charities, name a personal guardian and trustee for your children if they are minors, and name an executor to ensure that the terms of the will are followed. The property of people who die without a will is distributed according to North Carolina’s intestacy laws with no input from the deceased.
Get Advice from an Injury Attorney in the Statesville Area
Attorney Anthony Privette is dedicated to providing clients with honest, compassionate legal representation. Whether you were injured in a car accident or on the job, it is important to consult an experienced attorney. Mr. Privette has litigated personal injury, wrongful death and paralysis case in state and federal court. Mr. Privette has litigated workers compensation cases before the Industrial Commission. Mr. Privette has fought for his clients’ rights and interests before the Industrial Commission, North Carolina Court of Appeals, North Carolina Supreme Court and Federal District Court. Mr. Privette strives to obtain the best outcome possible in each client’s case. He represents people throughout Iredell County, Davie County, Alexander County, Catawba County, Rowan County, Yadkin County, Wilkes County and other areas of North Carolina. To schedule a free confidential consultation, call him at (704) 872-8125 or text (704) 880-6156 or complete our online form.
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