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Can You Sue an Uninsured Driver?

• November 21, 2022
• Car Accidents

Under North Carolina law, all drivers are required to carry uninsured motorist insurance coverage. However, thousands of people in our state choose to drive without any coverage. If you’ve been involved in a car accident with an uninsured driver, you may not know what to do next, and you may be asking if you can sue an uninsured driver for damages. 5 Things You Can Do if an Uninsured Driver Hits You Since uninsured liability insurance is mandatory, if you are hit by an uninsured driver, you have the right to sue the driver for damages. If you’re the victim of a hit-and-run by an uninsured driver, these options are available for you to seek compensation as well. The following are 5 things you can do if an uninsured driver has hi[...]

How to Get a Car Accident Police Report

• August 31, 2022
• Car Accidents

Learning how to get a car accident police report may be necessary if you have suffered significant losses from an accident and hope to pursue financial compensation for those losses. Our attorneys at Lakota R. Denton, P.A. can provide you with assistance in getting a copy of your police report, especially if it is needed for a case. However, if you want to get a copy yourself, you can do so by following these steps: Contact the responding officers Speak to the police department directly Reach out to your insurance company Get some information from the DMV. If you hope to obtain a copy of your police report, the process is typically not difficult to do. However, it may take a bit of time to ensure that you get the right [...]

Why Do Car Accident Insurance Claims Fail To Settle?

• June 12, 2022
• Car Accidents Personal Injury Law

Why Do Car Accident Claims Fail to Settle? Don’t Fight Insurance Claims Alone It can be pretty harrowing to be injured in a car accident. Not only is it incredibly painful, but it can also be terrifying and confusing. After all your pain and suffering, the last thing you want to hear is that the insurance company doesn’t want to settle your accident claim. This can leave you feeling even more lost, helpless, and angry. You might not know what to do or where to turn, and the thought of a lengthy court battle can be daunting. If you are struggling to reach a settlement with an insurance company, it may be time to consult with an experienced trial attorney. Your first question should be: Why does my insurance company not want to s[...]

Can I Sue My Landlord if I am Injured on Their Property?

• June 6, 2022
• Personal Injury Law

When is a Landlord Responsible for Tenant Injury? North Carolina law requires landlords to keep residential premises and common areas in a safe condition for tenants. In other words, landlords must do whatever is necessary, including making repairs, to make sure the premises are in a safe and habitable condition. This “duty” of ordinary care of a landlord also extends to maintaining in good and safe working order all electrical, heating, air conditioning, plumbing, sanitary, ventilating, and appliances supplied, or required to be supplied, by the landlord. If any of these items are not in good and safe working order, then they must be promptly repaired by the landlord absent any agreement to the contrary. A landlord is negligen[...]

Can You Sue a Trucking Company After an Accident?

• March 4, 2022
• Truck Accidents

When you're involved in an accident with a commercial truck, the first question on your mind is likely whether or not you can sue the trucking company. Can you hold a trucking company liable for the damages caused by their driver? In most cases where the driver is 100% at fault, the answer is yes. Commercial truck drivers who have been issued a commercial driver’s license (CDL) are required to obey the same traffic laws as everyone else on the road, as well as to undergo additional training and pass special road skills tests. If a trucking company’s driver causes an accident because their conduct fell below the standard of care for a truck driver in the same or similar situation, then the trucking company can be sued and held liab[...]

What Is the Average Payout for a Head Injury?

• March 1, 2022
• Personal Injury Law

The Average Settlement Amount for Head Injury Litigation When people ask what they can expect with a head injury recovery, there’s a deeper question involved. It involves an acknowledgement of an injury suffered that is life-changing and may be permanent. It also signifies a concern that if one doesn’t have enough funds available down the road, poverty and dependency may very well be the result with a head injury that prevents one from working and earning their own income as before. So, it’s not just about the numbers; oftentimes, asking about recovery possibilities is really more of a question about one’s future security. There Is No Textbook Formula Head injury cases have so many factors involved, it’s generally not pos[...]

How Do You Determine Who Is at Fault in a Car Accident?

• February 8, 2022
• Car Accidents

How Do You Know Who is at Fault in a Car Accident? While everyone involved might have their own opinion about what happened in a car accident and who was at fault, the actual first determination is made by any insurance companies involved. Their adjusters take a trained approach to examining all the details of a car accident, from the parties’ statements to the police reports to the mechanic’s reports, and then they work with counterparts to arrive at a conclusion of fault. However, that conclusion is specific to what the insurance company needs to determine and limit liability per their contract with the covered driver. It does not address the totality of responsibility in an accident, especially when the damages exceed policy cover[...]

Can You Sue for Pain and Suffering After a Car Accident?

• October 14, 2021
• Car Accidents

A personal injury lawyer can help you sue for pain and suffering from a motor vehicle accident if you were injured due to another party’s negligence or fault. Pain and suffering damages are to compensate an injured person for the intangible, but very real, consequences of someone else’s negligence or fault. While it’s hard to put a dollar value on pain and suffering, these and other non-economic damages are endured by injured individuals on a daily basis, and they negatively affect quality of life, ability to work, and social and family relationships. Because of their tremendous impact, pain and suffering awards are often greater than those for economic damages. If you or a loved one has suffered injury in a car accident or som[...]

How Many Children Are Injured by Toppling Furniture?

• October 6, 2021
• Asheville Personal Injury

Home should be a safe place for all children, but appliances and furniture throughout the home pose a risk to young children. When children attempt to climb bookcases, TVs, shelves, and other furniture, these heavy items can topple, causing serious injuries and even death. So, how many children are injured by toppling furniture? The answer is too many, as furniture tip-over injuries and deaths are a national concern. According to the federal Consumer Product Safety Commission (CPSC), between 2017 and 2019, an estimated 11,300 children in the United States were treated in hospital emergency rooms yearly due to furniture, TV, and appliance tip-over injuries. Furniture tip-overs can occur whenever a large, heavy furniture item becomes u[...]

Can You Sue a Nursing Home for Wrongful Death?

• September 28, 2021
• Nursing Home Abuse

A wrongful death lawyer can help you sue a nursing home if a patient’s death is a result of negligence, neglect, or abuse. Can you sue a nursing home for wrongful death? Depending on the circumstances, you may have a case. When we place our frail, elderly, and vulnerable loved ones in a nursing home, we expect them to receive competent care and be kept safe from harm. Nursing home staff have a duty to care for individuals with serious medical issues and the need to live in facilities with specialized medical care. When care is inadequate and a loved one dies due to the home’s negligence or fault, a nursing home abuse attorney may be able to hold the nursing home liable through a wrongful death lawsuit. If your loved one died in a [...]