North Carolina Legal Frequently Asked Questions (FAQs)

When you or a loved one is injured in an accident, no one hands you a pamphlet containing all of the information you need to understand your case. In this section we strive to answer the basic questions that everyone has in the time following a car accident, on-the-job injury, medical malpractice, abuse, or other accident.

If you don't find the answers to all of your North Carolina injury questions here, we encourage you to contact our Raleigh injury lawyers for answers to questions specific to your case. The consultation is free and confidential.

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  • What Am I Entitled to for a Defective Drug Case?

    Regardless as to whether or not the drug manufacturing company decides to settle or take the case to court if you win the case, you are entitled to:

    • compensation for your medical expenses 
    • payment for physical and/or psychological therapy
    • compensation for lost wages
    • a reward for pain and suffering

    Your attorney will help you when you decide what course of action you must take regarding your claim.

    If you believe you have a defective drug case, call Brent Adams and Associates by dialing 877-273-6823 or click here. The consultation is free and there is no obligation to call.

  • How Do I Know if I've Experienced a Medical Malpractice?

    If you have received a medical malpractice, most of the time, you will know. However, some cases are not black and white. Just because you received treatment from a doctor that did not go as well as predicted does not mean you have become a victim of a medical malpractice. If a doctor, nurse, chiropractor, or other medical professional did not follow a procedure correctly, resulting in an injury, this is a medical malpractice. A medical malpractice case can usually only be determined after talking with a lawyer. Brent Adams has been practicing law for over forty years. If you would like to schedule a free consultation to see if you have a claim, please call 877-273-6823 or click here. There is no obligation to call.

  • Do I Have to File Suite Against my Physician or Pharmacist?

    No, filing suit against your physician or pharmacist may be unnecessary. Defective drug claims are typically filed against manufacturing companies. These are the companies that create, market, and distribute the medication, not your doctor or your pharmacist. In some cases, doctors are surprised when they find out the side effects of some medications. When a doctor or pharmacist's error when prescribing or packaging a drug is the root of the patient's injury, this would cause a different type of case.

  • What Responsibility do Drug Manufacturing Companies have to Warning You About Their Medication?

    Drug manufacturers are required to warn you of the side effects their product could cause, and this information is most typically transferred to you by your physician or pharmacist. It is the drug manufacturer's responsibility to make this information known to medical professionals. Any new information obtained about a product's side effects must also be communicated to a physician. Just because a certain reaction to medication might be rare, this does not mean a manufacturing company cannot warn consumers about it.

    Some drugs are given a "black box" warning, which highlights the serious, sometimes fatal, effects drugs could cause patients. The FDA's Adverse Event Reporting System and Office of Surveillance and Epidemiology evaluate the postmarket safety data of medicines and determine which medications be given the "black box" warning. Some "black box" labels are given at the time the drug is approved.

    A study found that 40% of patients in the U.S. were prescribed one "black box" medication within a 30-month period. Pharmacists should be cautious and warn patients about "black box" labeled medications. Physicians should also be aware of those side effects.

  • How Long Will My Medical Malpractice Case Last?

    Each lawsuit is different. Some medical malpractice cases take up to 18 months to two years if it is not settled before suit. These are the variables that would affect the length of your case:

    • the willingness of the insurance company to comply
    • the willingness of the doctor, hospital, nurse, chiropractor, or another medical professional to resolve the case
    • the time it takes to properly determine your damages

  • What are the Most Dangerous Drugs on the Market?

    The most widely known medicines that have fallen subject to litigation or are currently under litigation due to defective drug claims are:

    • Abilify

    • Accutane

    • Actos

    • Avandia

    • Benicar

    • Byetta

    • Crestor

    • Cymbalta

    • Depakote

    • Effexor

    • Farxiga

    • Fluoroquinolone antibiotics

    • Fosamax

    • Granuflo

    • Invokana

    • Januvia

    • L-Citrulline

    • Lexapro

    • Lipitor

    • Mirena

    • NaturaLyte

    • Nesina

    • Onglyza

    • Paxil

    • Pradaxa

    • Propecia

    • Prozac

    • Reglan

    • Risperdal

    • Symbyax

    • Testosterone therapy drugs

    • Topamax

    • Tradjenta

    • Tylenol

    • Viagra

    • Victoza

    • Vioxx

    • Xarelto

    • Xolair

    • Yaz and Yasmin

    • Zithromax

    • Zofran

    • Zoloft

    If you have obtained an injury or experienced adverse effects from taking any of these medications, you may have a defective drug case. You can contact Brent Adams and Associates by clicking here to schedule a free obligation or by calling 877-273-6823. There is no obligation to call.

  • What is the statute of limitations for a defective drug case?

    North Carolina law allows people who were affected by defective drugs to file suit up to three years from the date of the injury and up to two years after a wrongful death. Another legal deadline to be aware of is referred to as "the statute of repose," which requires that a defective medication product claim is made within 12 years of its initial sale. This statute of limitations is limited to six years if the claim involves real estate.

    Certain exceptions may affect these statutes, so if you have any questions, contact Brent Adams and Associates by clicking here or by calling our toll free number, 877-273-6823. We want to make sure you are protected. The consultation is free, and there is no obligation to call.

     

  • When Should I Contact an Attorney?

    You should contact an attorney as soon as possible. The statute of limitations in North Carolina is three years from the date of the accident. The longer you wait, the less serious your case will appear. Opposing lawyers could argue, "If the plantiff was so badly injured, why did they wait two years to file suit?" You will have a better chance at winning your case if you call directly after the incident. 

    If you believe you have suffered from a medical malpractice, call 877-273-6823 or click here. Brent Adams has been practicing law for over forty years. He and his team of lawyers are highly trained at assisting the injured. The initial consultation is free, and there is no obligation.

  • What is Contributory Negligence?

    "Contributory negligence" is a legal term that is used when discussing an injury-related lawsuit. If the plaintiff failed to practice proper care during their treatment period, resulting in injuries, this is contributory negligence. If the plaintiff played any role in worsening their own condition, it is considered contributory negligence. For example, countless missed doctor's appointments or not consulting a recommended specialist could result in contributory negligence. However, this does not mean the defedant cannot share some of the blame. You can still win a case even if you were negligent, but that fact will weaken your claim.

  • Why are Nursing Home Residents Abused?

    Several nursing homes are understaffed. As well as being understaffed, some nursing home employees do not have proper training. Having an understaffed and underqualified employees would cause any business to experience several problems. However, when it comes to nursing homes, the problems caused by an understaffed and underqualified staff can be deadly. Residents are likely to receive improper treatment and neglect when this is the face, causing injuries, illnesses, or death. Some residents do not have family visit regularaly. If this is the case, detecting abuse may be more challenging.

    However, this is not a problem at every nursing home. But if you see the signs, contact an attorney. Brent Adams has been practicing law for over forty years, and he and his team of lawyers are prepared to help you. Click here to schedule a free consultation or 

  • What are the rights a resident has in a nursing home?

    Under Federal law nursing home residents are entitled to:

    -Proper care and being informed of their medical condition as well as knowing the drugs they have been prescribed. A nursing home resident can also see their own physician.

    -They are not allowed to experience abuse and neglect. They must be monitored so they do not become dehydrated or malnourished.

    -Residents must be free from restraints unless they are medically required.

    -They cannot be discriminated against because of color or religion.

  • When should I contact a nursing home abuse attorney?

    If you believe you or a loved one have fallen victim to nursing home neglect or abuse, you may want to consider contacting an attorney. A lawyer can review your case to see if you are entitled to compensation.

    Brent Adams and Associates will help you if you believe you need to seek legal action. You can call our office at 877-273-6823 if you have questions or desire to schedule a free consultation. Our nursing home abuse attorneys maintain a digital library of nursing home neglect information. From legal protections for nursing home residents, to recording video evidence of abuse - you can learn a lot before you meet with a lawyer.

  • What are the signs of nursing home neglect and abuse?

    Some signs are fairly obvious such as broken bones, unexplained injuries, malnutrition, an unsanitary living environment, or unexpected death. Signs of depression or sudden changes in behavior may not be as obvious, but these are still signs of neglect and abuse.

  • What can I do if I cannot afford the Medicare premiums?

    There are programs put in place to help you pay for premiums if you have a low income. Extra Help and Medicare Savings Programs were both created to help you afford premiums. Medicare Savings Programs will help you with Part B premiums and may cover copays and deductibles. MSPs vary from state to state. Extra Help is a federally funded program to help you pay for Part D coverage.

    Click here to see a list of different types fo Medicare payment assistance programs.

  • Will money be taken out of my SS check to pay for Medicare?

    You can write a check, pay online, or have the money taken out of your Social Security; this is advised. This is also true for the people who must pay for Part A.

  • When am I eligible to receive Medicare insurance?

                You can apply three months before you turn 65, the month you turn 65, and three months after you turn 65. This is called your Initial Enrollment Period (IEP). You can enroll for Part B coverage up to eight months after you stop working. This small period of time is called Part B Special Enrollment Period (SEP).

                If you are eligible for Part B but you do not enroll during the eight-month period, you may face a late enrollment fee. If you do not take advantage of the SEP or IEP, you can enroll anytime during January 1 through March 31 of each year. This is called the General Enrollment Period. Your coverage will start on July first. You are automatically enrolled in Medicare once you have been collecting SS for 24 months or you turn 65.

  • Will I have to pay for Medicare?

    Part A is free to individuals who have paid into the system for forty+ years. There is a small premium for those who have not worked for forty years. There is a premium for Part B coverage and Part D also requires you to pay a premium. But there are ways to make these insurance plans affordable through with Medicare assistance programs if you have a low income. 

  • How do I prevent myself from being automatically enrolled into Part B?

    If you have medical insurance and do not need Part B coverage, speak to plan’s benefits administrator to discuss what steps you should take about whether or not to enroll in Part B. Then speak to your local Social Security office about your decision.

  • Do I have to apply for Medicare?

    If you are already collecting Social Security or Social Security disability, then you will become eligible for Medicare benefits after you have been collect for two years or you have turned 65. Once you become eligible, you will automatically be enrolled in Part A and Part B of Medicare. However, if you do not collect Social Security and you are 65, you will not be automatically enrolled. You can still receive Medicare, but you must apply on your own. To receive Medicare Part D, which covers a portion of your prescription drugs, you must apply, even if are collecting Social Security.

  • Should I get both Part A and Part B of Medicare insurance?

    Depending on your needs, you may not need to have both parts of Medicare coverage. If Medicare is your primary insurer, you should consider having both parts. If Medicare is your secondary insurer, you may not want to invest in Part B and only Part A since it is free. Examine your policy and decide what is best for you and what you can afford.