Serious Injuries

A serious injury is devastating to individuals and their families. If you or a family member is seriously injured by someone else's negligence, the law holds the person or company who causes the injury responsible for the damages they caused. Those damages can include medical expenses, lost income, scarring and disfigurement, loss of use of a part of the body, as well as the physical pain and emotional suffering that can accompany a serious injury.; Our attorneys have over 25 years of experience helping people reach fair compensation in situations where they have been injured by the negligence of someone else. We have represented families in cases throughout North Carolina and in West Virginia, Virginia and Tennessee. Our experience, in both state and federal courts , includes injuries suffered as a result of automobile accidents, tractor-trailer wrecks, negligence by doctors, hospitals and nursing homes, as well as injuries as a result of dangerous conditions on premises and due to defective products.

If you believe you or a family member has been seriously injured as a result of someone else's negligence, please call us or send us an e-mail. We would be happy to discuss your situation with you.

Wrongful Death

North Carolina law allows the family of a person killed as a result of someone else's negligence to recover certain damages. Those damages typically include any lost income the decedent would have earned during his or her lifetime, expenses incurred as a result of the death, including medical expenses and funeral bills, as well as damages for the emotional suffering of the surviving family members due to the death.

We have had the privilege of representing many families in wrongful death cases where the death of a loved one has resulted from the negligence of others, including death suffered in automobile and truck accidents and as a result of the negligence of doctors, hospitals or nursing homes or due to defective products.

Motor Vehicle Accidents

Under North Carolina law, all drivers operating vehicles on the roads of this state must follow certain rules. When a driver of a truck, car or other vehicle fails to follow those rules and, as a result, another person is injured or killed, the law provides that the person responsible for the innocent person's injury or death compensate that person or his family for the damages proximately caused by the driver's negligence.

We have over 25 years of experience representing people and their families who have been injured or killed by others in automobile wrecks and tractor-trailer accidents as well as motorcycle and bicycle riders and pedestrians injured or killed by the negligence of others.

Our representation includes negotiating with the insurance companies for the responsible driver, obtaining underinsured or uninsured coverage, if such is applicable to the wreck, and negotiating with medical or health care lien holders who may have a claim for monies they have paid as a result of the negligence of another driver.

Medical and Hospital Negligence

Although most health care providers are well-trained and do their best to provide their patients good care, doctors and nurses are human, and they sometimes make mistakes. For example, according to an article in the Wall Street Journal (October 8, 2003), "medical injuries caused during hospital stays kill tens of thousands of American patients annually, requiring at least 2.4 million extra hospital days resulting in potential medical charges of $9.3 billion". When death or a serious injury occurs as a result of the negligence of a hospital or health care provider - even if the hospital or health care provider may have been doing their best and had no intention to cause any harm - North Carolina law allows an injured person or his family to recover the damages caused by the provider's negligence.

For over 25 years, we have represented people and their families who have been injured by the negligence of health care providers throughout North Carolina. One of our attorneys formerly represented the United States government in claims brought by people injured by health care providers working in government hospitals; another of our attorneys has over 15 years of experience representing doctors, hospitals and insurance carriers for doctors and hospitals. We have tried and settled cases for people throughout North Carolina who have been injured or killed by the negligence of health care providers in many medical specialties, including orthopedics, emergency medicine, family and general practice, obstetrics and gynecology, ophthalmology, psychiatry, anesthesiology, cardiology, general surgery, neurology and neurosurgery.

If you believe you or a family member has been seriously injured or killed as a result of the negligence of a doctor, nurse, therapist, hospital or other health care provider, call us or e-mail us to discuss your concerns.

Nursing Home Negligence

Employees of nursing and rest care facilities have a difficult job. Frequently, people who live in nursing homes have various medical conditions and, as some of the most vulnerable people in society, are dependent upon the staff of the nursing home to take care of their needs. If someone is seriously injured or dies as a result of the failure of a nursing home or rest home to provide the care it is responsible to provide, North Carolina law allows the injured person or his family to seek fair compensation for the damages incurred by the resident's serious injury or death.

We have represented many individuals and families over the years in cases where the negligence of a nursing home has caused or contributed to serious injury or death. Our cases have included injuries or death due to medication errors, falls, dropping patients, failure to monitor the patient's condition, failure to respond to apparent or changing medical conditions, bed sores and decubitus ulcers and general neglect.

If we can assist you or your family with concerns you have over the care received in a nursing home or rest home, please call or e-mail us. We are happy to discuss the your situation with you.

Dangerous Conditions on Property

The law in North Carolina requires a landowner to maintain his premises in a reasonably safe condition. When someone is seriously injured or killed as a result of a landowner's failure to fulfill that duty imposed by law, the negligent landowner is liable to the injured person for compensation caused by the negligence.

Our practice includes representing people who have been injured due to the negligence of landowners, including conducting, or permitting, dangerous activities on the land, falling objects, failure to keep the premises reasonably maintained, and other instances where the failure of a premises owner to comply with what North Carolina law requires has resulted in someone's serious injury.

Injuries Due to Defective Products

The law imposes certain requirements on companies that manufacture products and sell them to be used by others. Products placed in the stream of commerce must meet safety standards required by law. Fortunately, the vast majority of products are safely and responsibly made. When someone is injured because of a defective product, North Carolina law allows the injured party to recover damages caused by that injury. We have represented people who have been injured by a variety of defectively made products, including exercise equipment, automobiles and ladders. If you or a family member has been seriously injured due to a product you believe is defective, call or e-mail us to discuss the circumstances of your situation.

Disputes with Insurance Companies over Coverage

Almost everyone purchases insurance to provide coverage for various types of problems. When a claim arises and that claim is reported to your insurance company, the insurance policy and North Carolina law impose a number of obligations upon the insurance company. When insurance companies fail to honor their obligations under the insurance policy by not paying a fair amount for your loss promptly and fairly, they can be liable under North Carolina law for their failure to do so. In certain instances, insurance companies' actions amount to bad faith under the provisions of North Carolina law.

We represent individuals and businesses in disputes with their insurance companies when insurance companies either unjustly refuse to pay claims or attempt to settle claims for much less than the claim is worth. Fire loss, water damage and loss, claims of fraud, theft, vandalism and arson, as well as failure to pay on life, health and disability insurance are all areas in which we have represented people and companies, involving personal, business and commercial policies.

Insurance policies and North Carolina law place various requirements upon someone making a claim for insurance coverage. If you have made a claim and your insurance company does not timely investigate the claim and offer you fair compensation for your claim or denies your claim, call or e-mail us so that we can discuss your situation with you.

Small Business in Litigation Matters

We represent small businesses that find themselves in disputes where litigation is inevitable. With over 25 years of litigation experience in North Carolina state and federal courts, we have experience is a wide variety of business-related disputes, including contract disputes, insurance coverage issues, employment matters, and other situations where businesses are required to turn to the legal system to enforce their rights. In addition to taking the matter to court, there are a variety of alternate dispute resolution (ADR) options that many times can result in a quicker, less expensive resolution of your dispute. If you are in a dispute with an individual or another business that you have been unable to resolve, call or e-mail us to discuss how we can help you seek the best resolution to your problem.

Simple Wills

It is a generally a good idea to have a Will, especially if you are married and wish for all your assets to go to your spouse as quickly and easily as possible upon your death. A Will is also critically important for parents of young children, because a Will is the only means by which the law allows you and your spouse to designate the person or persons whom you wish to become the legal guardian of your children if you die together, such as in an accident. If you do not have a Will, upon your death the law requires that your probate assets be distributed according to North Carolina's intestate laws, which are complicated and with which most people are not familiar. In addition to these important considerations, having a Will is also a good idea for the following reasons:

• having a Will allows you to choose the person (the "Executor") who will be in charge of gathering your assets and distributing them to according to the Will upon your death
• having a Will allows you to choose the age which you wish for your children or grandchildren to attain before they receive their inheritance outright; if you die before they reach this age, you can set up a Trust in your Will and name a Trustee to manage their inheritance for them until they reach the age that you choose
• having a Will allows you to waive the requirement that your Executor post a bond with the Clerk of Court during the administration of your estate, which can be a significant expense
• having a Will allows you to choose specific persons to receive possessions with great sentimental value, such as family heirlooms, wedding rings, etc.

Call or e-mail us to set up an appointment if you would like us to prepare a Will for you and your family.

Estate Administration

When someone dies, North Carolina law has a procedure by which that person's estate must be administered. We can assist you with setting up and administering an estate if an estate is required. In the event you believe the death is a result of another's negligent act, an estate must be set up before you can proceed with a claim for wrongful death.

If a family member has died, call or e-mail us if you would like us to help you and your family set up and administer the estate.

Power of Attorney

In addition to a Will, another important estate planning document that you should consider is a General Durable Power of Attorney. This is a document that allows you to name a specific person(such as your spouse or adult child) to handle financial matters on your behalf if you become incapacitated, either temporarily or permanently, during your lifetime. A significant advantage of having a General Durable Power of Attorney is that it allows your family to avoid court proceedings to have you declared incompetent before anyone can act on your behalf.

If you would like to learn more about a General Durable Power of Attorney, call or e-mail us to set up an appointment.

Health Care Power of Attorney

A Health Care Power of Attorney is a document that allows you to name a specific person (such as your spouse or adult child) to make decisions about medical treatment for you, and to communicate those decisions to your doctors, if your doctor determines that you are unable (either temporarily or permanently) to make and communicate those decisions yourself. A properly drafted Health Care Power of Attorney can limit the types of medical treatment decisions your agent can make, or it can confer the broadest possible authority on your agent.

If you would like to discuss Health Care Powers of Attorney, call or e-mail us to set up an appointment.

Living Wills

A "Living Will" (the proper legal name in North Carolina is "Advance Directive For a Natural Death") is a document that allows you to instruct your family and your doctors to withhold or withdraw certain life-prolonging measures in certain situations.

If you would like to learn more about a Living Will, call or e-mail us to set up an appointment.

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Knott & Berger, L.L.P.

4800 Six Forks Road, Suite 100
Raleigh, North Carolina, 27609