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Defective Drugs
- Faster Drug Approval: More Medical Error?
- Infant Tylenol Bottles Recalled
- Sepsis Drug Xigris Pulled From Shelves Worldwide Due to Ineffectiveness
Automobile Accidents
- Why You Should Change Your Steering Habits in New Cars
- Recall For 2006 Honda CR-V
- Steering Wheels That Prevent Collisions
Workers' Compensation
- What Happens When Your Employer Doesn’t Have Workers’ Comp?
- NC Kitty Litter Plant Up in Flames
- Clinton, NC Packing Plant Accident
Disability Insurance - ERISA
Social Security Disability
- Trial Work Programs for North Carolina Social Security Disability
- Limited Access to SSDI Causing Homelessness
- NC Lawyer Gives 3 Ways to Know if You Meet Social Security Mental Disability Requirements
Nursing Home Neglect
- NC Nursing Home Neglect Attorneys: Pick a Home for Wandering Seniors
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Medical Malpractice & Negligence
- Medical Error: Disfigurement
- Dementia and Car Accidents: Don’t Neglect the Elderly
- Misdiagnosed Flesh-Eating Bacteria
Accident Attorney
- Recall of LED Night Lights
- High School Football Brain Injuries on the Rise
- North Carolina Testing New Storm Rating System
Dog Bites & Animal Attacks
- NC Dog Bite Attorney: Postal Workers Risk Dog Attacks in Spring
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Insurance Disputes
- Preparing for Tornadoes in NC
- Tornadoes: Help With North Carolina Insurance Claim Problems
- Loans for NC Tornado Victims
Car collision claims
- Insurance Company Pays $1,675,000 for Death from Head On Collision
- AN EASY WAY TO GET MEDICAL BILLS PAID AFTER A CAR WRECK
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- North Carolina Lawmakers Consider Drug Company Lawsuit Immunity...
Posted on 5/25/2012 - Charlotte Woman Struggles after Social Security Disability Increase...
Posted on 4/24/2012 - Chapel Hill Bans Hands-free Cell Phone Devices...
Posted on 4/23/2012 - Reckless North Carolina Bus Driver Has License Suspended after Crash...
Posted on 4/22/2012 - Hickory Man Sentenced after North Carolina Nursing Home Death...
Posted on 4/21/2012
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Accident Attorney
- What Is Negligence? What Is Gross Negligence?
- Wilmington, North Carolina: High Bike Accident Rates Despite Being Bicycle Friendly
- A Raleigh Personal Injury Attorney Explains Contributory Negligence
- Amusement Park Injuries And Carnival Accidents In North Carolina
- Boating Safety: Life Vests Are Called That For A Reason
A Raleigh Personal Injury Attorney Explains Contributory Negligence
North Carolina is one of only four states in the union that still follows pure contributory negligence laws. But what is contributory negligence, and how do contributory negligence laws affect the outcome of North Carolina personal injury claims?Pure contributory negligence
Under pure contributory negligence, an injury victim can only collect damages if they were absolutely not at fault in any way for the accident that caused the injury. That is, even if an accident victim was only one percent at fault for what happened, they would not receive any compensation for their medical bills, lost wages, or pain and suffering. For example, if you were struck by a reckless drunk driver who ran a red light - but you were traveling ten miles per hour over the speed limit - you would not legally deserve any compensation from the wildly negligent driver that struck your car.
In the past, a number of states followed pure contributory negligence laws; however, most states have altered their laws to recognize that often one person involved in an accident is more at fault than another.
Comparative negligence
Most states have comparative negligence laws - laws that state that an injury victim may collect damages even if they had some role in the accident that took place. In states that follow pure comparative negligence laws, an accident victim will get a percentage of compensation proportional to their involvement in the accident. That is, if an injury victim was found by a judge or jury to be 30 percent responsible for accident, he or she would receive compensation for 70 percent of his or her losses. Still, other states follow other types of comparative negligence laws, such as modified comparative negligence and the 50% rule of comparative negligence.
What do pure contributory negligence laws mean for your case?
Many lawmakers believe that pure contributory negligence laws are unfairly harsh toward accident victims - especially toward those who had a relatively small role in the accident or were severely injured by grossly negligent parties.
If you were involved in a North Carolina accident but aren't sure whether you were partially at fault for your injury, it is vital that you speak with a Raleigh accident attorney who understands contributory negligence and other key personal injury claim laws in North Carolina. Call Brent Adams & Associates today to learn more about your best options for legal action based upon the facts of your case.
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Videos
Automobile Accidents:
How Do My Previous Injuries From an Auto Accident Affect My Current Claim?
Will Slight Damage to My Car Affect My Personal Injury Claim?
Car Accident Passenger has Spine Destroyed - Paralyzed From Chest Down
Workers' Compensation:
What Happens When You're Injured at Work Due to a Third Party? NC Attorney Brent Adams Explains
What if Your On The Job Injury was Your Fault? NC Attorney Brent Adams Explains
Medical Malpractice & Negligence:
North Carolina Death Due to Botched Surgery
North Carolina Medical Malpractice: Cataract Surgery Gone Wrong
What Does a Patient Need to do Before Filing Suit in North Carolina?
Accident Attorney:
Secrets North Carolina Hospitals Don't Want You To Know
NC Injury Lawyer: Do You Use Health Insurance to Pay Accident Medicals?
NC Personal Injury Lawyer Explains Trip & Fall on a Jetway
Insurance Disputes:
NC Attorney Brent Adams Explains What Happens When There is not Enough Insurance
North Carolina Attorney Brent Adams: The Insurance Company is NOT on Your Side
NC Attorney Brent Adams: Don't Sign Anything From an Insurance Adjuster Before Talking to a Lawyer
General:
One Thing You Should Never Say After a Car Wreck
How Much Can You Receive for Your Personal Injury Claim?
What Medical Bills Can You Recover for Your Personal Injury Claim?
FAQs
Workers' Compensation
- Will I be followed by a private detective after I make my workers compensation claim?
- Should I settle my case without the assistance of an experienced NC workers compensation lawyer?
- Are the vocational counselors assigned to injured workers by the insurance company interested in my welfare?
- How do you file a complaint with the North Carolina Department of Labor?
- If my doctor assigns me work restrictions which limits what I can do at work such as the amount of weight I can lift and whether I can bend and stoop, should I work outside of those restrictions when I return to work?
- Am I entitled to a second opinion on the issue of the nature and extent of my disability by a doctor of my choice?
- What is my workers’ compensation rate or my “comp rate”?
- Can I recover money for my pain and suffering involved with my on the job injury?
- Am I entitled to a jury trial to decide my workers’ compensation case?
- Is it necessary for me to be a United States citizen in order to collect workers’ compensation benefits?
Social Security Disability
- How can I get Social Security disability in North Carolina?
- How do I apply for Social Security disability in North Carolina?
- I live in Raleigh, and I'd like to know what is Social Security disability?
- Should I file a claim for social security benefits?
- I am only in my 20s. Last month I received personal injuries in a vehicular accident and am now unable to work. Is there a certain age I must be to receive benefits from Social Security disability?
- I'm receiving benefits from Social Security disability for myself, my wife and my son based on my severe disability. I also have a daughter by my ex-wife who used to receive child support from me when I was still able to work. Now that I'm disabled, can my daughter receive benefits too?
Veterans Disability
General
- Do I have to pay income tax on amounts I recover from my personal injury claims?
- Q: I haven't worked with asbestos for twenty years. Do I still have a workers' compensation claim if I get sick?
- Do I have a claim against the manufacturer of the asbestos products that caused my disease even if I as exposed long ago?
- What if I was injured by exposure to asbestos in my home? Do I have a claim if I never worked with asbestos? What kind of products should I worry about?
- Do I qualify for disability benefits under my union pension plan?
- How do these claims work together? Can I get all of the benefits at the same time, or do they offset each other?