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  • Q
    Can I file a claim against my landlords property insurance for a hit and run that happened in the backyard parking area?
    Automobile Accidents  |  Aug 31st, 2015
    Lisa L. Lanier   Dear Anonymous: You most likely have a claim for premises liability against the landlord. Whether or not the property insurance will pay up for your damages, that remains to be seen. You can absolutely set up the claim with the insurance company to see if the will accept liability. If they do not a...
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    Can I file a claim against my landlords property insurance for a hit and run that happened in the backyard parking area?
    More details to this question:I rent a house. The backyard area is mostly enclosed with the exception of the driveway which leads to a space for parking. The landlord allows other tenants who rent in the area to park in the space. Last week someone hit my car while it was parked. I filed a police report but the incident occurred sometime overnight, so there were no witnesses nor any way to determine who did it. The space should only hold maybe 3 cars, but the other tenants habitually park up to 6 cars in the area. I have notified the landlord in the past about the excessive number of cars parking in the space. The owner does not issue any decals or tags to identify those that can park in the area or not.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    You most likely have a claim for premises liability against the landlord. Whether or not the property insurance will pay up for your damages, that remains to be seen. You can absolutely set up the claim with the insurance company to see if the will accept liability. If they do not accept liability and are unwilling to pay for repairs to your vehicle, I would suggest retaining a licensed NC attorney to fight the denied claim. There is often a question of what duty the landlord owes its tenants. A typical duty owed is to keep all common areas of the premises in a safe condition. The fact that you have notified the landlord on prior occasions of excessive cars in the common driveway and the landlord has done nothing about it tells me that the landlord, at the very least, had knowledge of the condition that existed on the common driveway and failed to mitigate any possible damage.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Can I file suit for lost income and damages because of a third-party insurance claim being unfairly handled?
    Automobile Accidents  |  Aug 31st, 2015
    Lisa L. Lanier   Dear Anonymous: To answer your first question, YES, you may file suit for lost income and other damages. The facts of your case are tricky, so I would encourage you to seek legal representation in battling the insurance company on this claim. You and your husband will have the burden to prove all o...
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    Can I file suit for lost income and damages because of a third-party insurance claim being unfairly handled?
    More details to this question:My company's property did significant damage to my husband's car. I filed a claim with the company's insurance co. as instructed. They took two week's to accept liability and get us a rental, during which time he was unable to work, and I had to find alternate ways to my own work, sometimes cabs, for fear of losing my job. We then lost further income to maintaining the rental car. We are a single car household and his work is delivering food, so his job is tied to the car. The independent appraiser undervalued the car and the insurance company would not accept the corrected NADA paperwork I gave them. Because of the undervalued appraisal of the car they are saying they will declare it a total loss. This still ongoing process has now taken over a month. if they declare the car a total loss we will not be able to afford a replacement and my husband will lose his job. They have already accepted liability, and all I want is for them to repair the damage their client, my employer, caused
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    To answer your first question, YES, you may file suit for lost income and other damages. The facts of your case are tricky, so I would encourage you to seek legal representation in battling the insurance company on this claim. You and your husband will have the burden to prove all of your damages. This will include explaining the ins-and-outs of your husband’s business to a jury, so they understand that there was no way to mitigate damage. As far as the property damages goes, it is possible that you can fight the value of the vehicle the insurance company is putting on it, but this can often be a very difficult task. Much depends on how drastically different your appraisal is from their’s.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Fling suit for small claims court
    Civil Litigation  |  Aug 31st, 2015
    Lisa L. Lanier   Dear Anonymous: Common sense here says that the teenager should be responsible, at least in part. In North Carolina, though, there is complicated law on the books about the negligence of children. I don’t have enough information here to properly answer your question. I would need to know the...
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    fling suit for small claims court
    More details to this question:a teenager spent the night with my grandson they had pizza the box was put in the oven. the individual turn on my oven without any body permission and the box caught a fire. the parent feels he is not totally responsible for the repairs. She paid for the service fee and she feels the cost should be split three ways
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    Common sense here says that the teenager should be responsible, at least in part. In North Carolina, though, there is complicated law on the books about the negligence of children. I don’t have enough information here to properly answer your question. I would need to know the child’s age and a wealth of other facts. In short, any child under 7 years of age is in capable of negligence; Children between the ages of 7 and 13 are presumed incapable of negligence, but the presumption can be overcome – in other words, a jury can decide a child in this age group is negligent based on a host of factors like age, knowledge, and experience; Children between the ages of 14 and 17, on the other hand, are presumed to be capable of negligence, but this presumption can also be rebutted by clear proof of the absence of such discretion. This is a very murky area of tort law in North Carolina, so it is always best to get proper guidance from a licensed NC attorney in cases such as this.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    How do I recover my consultation fee when my attorney has done nothing on the case after 10 business days after I paid him cash for his services?
    Civil Litigation  |  Aug 31st, 2015
    Lisa L. Lanier   Dear Anonymous: This question brings up a common misunderstanding between attorneys and potential clients. In your situation, you paid $100.00 for a specified amount of time to consult with an attorney. Unfortunately, a consultation fee is not a retainer fee. The attorney earned his $100.00 consult...
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    How do I recover my consultation fee when my attorney has done nothing on the case after 10 business days after I paid him cash for his services?
    More details to this question:My attorney has done NOTHING on my case after 10 business days. I paid him $100.00 in cash on July 31,2015 for a consultation. He has not returned my emails or phone calls. $100.00 may not seem like a lot of money; but to me it is because I am low income.
    Answer
    Answered by Lisa L. Lanier


    Dear Anonymous:

    This question brings up a common misunderstanding between attorneys and potential clients. In your situation, you paid $100.00 for a specified amount of time to consult with an attorney. Unfortunately, a consultation fee is not a retainer fee. The attorney earned his $100.00 consultation fee by spending the initial specified time with you going over your situation. After the initial consultation, the attorney is under no obligation to continue legal services in your case unless a retainer agreement is signed by both the attorney and client. The attorney is also entitled to keep a consultation fee, even if no retainer agreement is signed.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    What can be done about finding inedible object in a burger?
    Products Liability  |  Aug 31st, 2015
    Lisa L. Lanier   Dear Anonymous: The law in North Carolina says you must show actual damages that are related to the incident in order to prove negligence. While it was unfortunate that a screw ended up in one of your burgers at the fast food restaurant, it will be difficult for you to prove that there were actual ...
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    What can be done about finding inedible object in a burger?
    More details to this question:My family and I found a screw in a burger from a fast food restaurant. We have contacted the distract manager, the headquarters of the company, and the health department for that company's county. No one got physically injuiried. However my family, my mother's service dog, and I are emotional stressed to where we are hardly eating anything due to finding this screw. It is affecting our sleeping as well from the constant worry of what might be in the next bite.
    Answer
    Answered by Lisa L. Lanier


    Dear Anonymous:

    The law in North Carolina says you must show actual damages that are related to the incident in order to prove negligence. While it was unfortunate that a screw ended up in one of your burgers at the fast food restaurant, it will be difficult for you to prove that there were actual damages. The plaintiff (or the injured party) has the burden of proof in North Carolina. You would need to convince a 12-person jury that you and your family are truly not eating anything and not sleeping – all due to finding the screw in your burger. Without any medical doctors or mental health professionals to testify to any of your damages, it is highly unlikely you will be able to prove damages in this case.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Car accident
    Automobile Accidents  |  Aug 28th, 2015
    Lisa L. Lanier   Dear Anonymous: When you get in a car accident in North Carolina, the law says that a jury may award you compensatory damages if the jury finds that the other driver(s) were negligent and your injuries were caused by the car accident. You can get compensatory damages for your medical bills, lost wa...
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    Car accident
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    When you get in a car accident in North Carolina, the law says that a jury may award you compensatory damages if the jury finds that the other driver(s) were negligent and your injuries were caused by the car accident. You can get compensatory damages for your medical bills, lost wages, and pain and suffering. Unfortunately, if you didn’t seek medical treatment, you cannot be compensated for any medical bills. It is also difficult to show pain and suffering when there is no medical treatment. Since a significant time has passed since the car accident, there is what we call a “gap in treatment.” Insurance companies often times do not compensate for any medical treatment when there is a gap in treatment, so any treatment you receive may not be compensable.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    ACL surgery caused my foot to not function
    Medical Malpractice  |  Aug 1st, 2014
    Lisa L. Lanier   Dear Anonymous, Right now you need to focus on getting better, even if that means seeking a second opinion with another doctor. However, keep in mind that there are serious time limitations that apply to all civil legal actions, called statutes of limitation. Each state is different, but North Caro...
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    ACL surgery caused my foot to not function
    More details to this question:I recently had an ACL hamstring surgery and Lateral Meniscus repair on my right knee after the surgery my foot would not move towards me or to the right.Only downwards and to the left.The doctors said it was from swelling but there is also a burning sensation on the top of my foot. Everything I read said it was because of nerve pain, when I went in to see him he said that I might have "drop foot" and gave me nerve medicine Gabapentin which does nothing for the burning pain. Also He sent me to get a carbon AFO for my foot to stay at a 90 angle.He called me back and said they will be going back into my leg to clear any sutures or anything that could be interacting with the nerve on the side of my leg he said if there was something that could have happened wrong that was it.? Should I try to move fwd with a lawsuit? I am a young man and I hate to think I went in for a knee injury and came out with a foot that does not work for the rest of my life? This was at VA Hosp in NC
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,


    Right now you need to focus on getting better, even if that means seeking a second opinion with another doctor. However, keep in mind that there are serious time limitations that apply to all civil legal actions, called statutes of limitation. Each state is different, but North Carolina is governed by a three year statute of limitation for personal injury claims.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Was not informed about abnormal test results.
    Medical Malpractice  |  Aug 1st, 2014
    Lisa L. Lanier   Dear Ms. Chapman, Are you being treated any differently as a result of the diagnosis of HPV? You should absolutely be made aware of your test results, especially if something is abnormal. However, in this case, you probably haven't received any additional treatment outside of what you were receivin...
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    was not informed about abnormal test results.
    More details to this question:my new physician who I seen for the first time on july 1st 2014 informed me that test results my former OBGYN had taken on june 6th 2013 had turned up abnormal and positive for HPV. My former OBGYN never informed me of this over the course of the last year is there anything I can do?
    Answer
    Answered by Lisa L. Lanier

    Dear Ms. Chapman,


    Are you being treated any differently as a result of the diagnosis of HPV? You should absolutely be made aware of your test results, especially if something is abnormal. However, in this case, you probably haven't received any additional treatment outside of what you were receiving and therefore the main issue is being informed. I would recommend that you contact the North Carolina Medical Board who can investigate this incident and make sure the doctor's office has policies and procedures in place to keep their patients informed.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    I was treated for asthma by 3 different doctors for 18 months only to find out I have a malignant tumor in my airway. Do I have a case of any sort?
    Medical Malpractice  |  Aug 1st, 2014
    Lisa L. Lanier   Dear Anonymous, It appears as if the doctors were trying to take steps in the right direction to diagnose and treat your symptoms. You were referred to a specialist who sent you to the Emergency Room. Unfortunately, they did not order a CT scan. However, you said yourself that out of frustration yo...
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    I was treated for asthma by 3 different doctors for 18 months only to find out I have a malignant tumor in my airway. Do I have a case of any sort?
    More details to this question:I was having breathing problems after a bad cold, so I went to my local Urgent Care center and was given asthma/allergy treatments and medicine. When that didn't work I went to a regular doctor and was again treated for asthma. When that didn't work I went back to the doctor and he referred me to an allergy/asthma specialist. After several tests were performed she was not sure what it was. She sent me the ER where I was diagnosed with orthoapnea. I got frustrated because I still couldn't breathe, I was losing sleep and missing work. I stopped seeing doctors for several months and when my symptoms got worse I went back to my family doctor. He sent me to another specialist who treated me with the same drugs as the other doctors only he also requested a CT scan. The scan showed a mass in my left mainstem bronchus and from that, a series of tests were performed. These test confirmed that I have a slow growing cancerous tumor that is taking up more than 90% of my airway.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,


    It appears as if the doctors were trying to take steps in the right direction to diagnose and treat your symptoms. You were referred to a specialist who sent you to the Emergency Room. Unfortunately, they did not order a CT scan. However, you said yourself that out of frustration you just stopped seeing doctors for several months. Not that I blame you, but who is to say that you would not have been diagnosed sooner if you had followed up with treatment?

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    What can i do about a situation that happen to me when i went to the ER
    Medical Malpractice  |  Aug 1st, 2014
    Lisa L. Lanier   Dear Anonymous, After they changed your medication, did you fully recover? If the answer is yes, then I would urge you to contact the North Carolina Medical Board. They will look in this matter further and help the hospital put policies and procedures in place to make sure that this does not happen...
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    What can i do about a situation that happen to me when i went to the ER
    More details to this question:Was very sick and went to the Er i had a severe UTI the Doctor gave me antibiotics and i came home and wasn't getting any better it got to the point i could not use the bathroom no energy almost couldn't get off of the couch. Almost a week later i got a call from the Er or whomever they reported this to. They got in touch with me about a week later and told me the Doctor had give me the wrong kind of medicine and i need to do away with what the doctor gave me. Then wanted to know where they could call in some other type of antibiotic
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,


    After they changed your medication, did you fully recover? If the answer is yes, then I would urge you to contact the North Carolina Medical Board. They will look in this matter further and help the hospital put policies and procedures in place to make sure that this does not happen to other patients.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    I think I need a medical malpractice / wrongful death attorney
    Medical Malpractice  |  Jul 28th, 2014
    Lisa L. Lanier   Dear Anonymous, I think you should contact our office for a free consultation at 855-234-7619. There are a lot of additional information we would need to know in order to properly evaluate this matter. This response does not form an attorney-client relationship, nor should it replace a full consul...
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    I think I need a medical malpractice / wrongful death attorney
    More details to this question:My mom was scheduled for gall-bladder surgery Sunday, 9/29/13, but it was postponed for an emergency surgery. Hours later she went in. The doc said all went well. She was released 9/30 around 3:30pm. I took her home and stayed with her till 6:30 when she said she was going to bed. I came to check on her at 4:30pm, 10/1 and found her in the process of getting ready for bed (she started changing into her night clothes when, sitting on the edge of the bed, fell back.) Her legs were hanging over the side of the bed. From the waist down she was nude with her night clothes beside her, barely breathing and 88¿. She was discharged Monday afternoon and practically dead 3 hours later. She died on 10/3, just after I brought in a copy of her living will. Nobody ever mentioned sepsis; I was simply told that her organs were failing. She wanted her body donated; no autopsy was performed. I found out about the sepsis when I received the death certificate in the mail.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,


    I think you should contact our office for a free consultation at 855-234-7619. There are a lot of additional information we would need to know in order to properly evaluate this matter.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    What is statute of limitation for uninsured motorist claim in North Carolina. I could not identify vehicle but I filed police report and had ins.
    Automobile Accidents  |  Jul 18th, 2014
    Lisa L. Lanier   Dear Anonymous, The statute of limitations is 3 years from the date of the accident, which means if a lawsuit is not filed before 3 years after the date of the accident, your claim will be time barred forever. However, most insurance companies require you to have made a timely notice to them of the...
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    what is statute of limitation for uninsured motorist claim in North Carolina. I could not identify vehicle but I filed police report and had ins.
    More details to this question:I was hit in rear by veh that fled scene. I had damage to my vehicle and insurance. I treated for accident. I did not report to my insurance company and I paid for the damages myself, but I treated. Am I entitled to file a UM claim even though I could not id the vehicle. There was damage to my car and I did treat. What is statute of limitation on Uninsured motorist claim.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,

    The statute of limitations is 3 years from the date of the accident, which means if a lawsuit is not filed before 3 years after the date of the accident, your claim will be time barred forever. However, most insurance companies require you to have made a timely notice to them of the accident. If you did not do that, they might fight paying you based on lack of notice. You should contact a personal injury attorney right away for advice and potential representation.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Can I reduce the amount of ss overpayed to me while working
    Social Security  |  Jul 18th, 2014
    Lisa L. Lanier   Dear Anonymous, The overpayment will likely remain at its current amount, but you can ask that it be repaid in very small monthly amounts. In some cases, they will accept as little as $25 per month in a repayment plan. However, if you enter into a plan with them, you MUST remain current in your pay...
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    Can I reduce the amount of ss overpayed to me while working
    More details to this question:I turned 65 in Oct 2013 I have hardly made any money in the last two years because of the economy, but I go lucky and landed a contract job and earned $65k in 2013, most of it during the last 7 months of 2014. SS now says they overpaid me 15K of the 22K they paid me in 2014. I have been unemployed since Jan 2014. Can I reorganize my earnings and taxes to owe SS less?
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,

    The overpayment will likely remain at its current amount, but you can ask that it be repaid in very small monthly amounts. In some cases, they will accept as little as $25 per month in a repayment plan. However, if you enter into a plan with them, you MUST remain current in your payments or it will void your payment plan and they will request repayment in full within 30 days. Your unemployment status does not change the amount of the Social Security benefits you received.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Follow-up visit denial by Workers Comp
    Workers Compensation  |  Jul 18th, 2014
    Lisa L. Lanier   Dear Anonymous, Generally, your employer's workers' compensation insurance company is required to pay for any medical treatment necessary to make you better. The insurance company gets to pick the doctor you see, but it must usually then pay for the treatment ordered by the doctor it selected. If t...
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    Follow-up visit denial by Workers Comp
    More details to this question:I went to a back institute and had a procedure done to my spine after falling at work. The back institute placed a follow up after the procedure but workers comp is not authorizing the follow-up. I want to know is this legal
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,

    Generally, your employer's workers' compensation insurance company is required to pay for any medical treatment necessary to make you better. The insurance company gets to pick the doctor you see, but it must usually then pay for the treatment ordered by the doctor it selected. If the insurance company does not voluntarily pay for the treatment ordered by the authorized doctor, you can seek an order from the North Carolina Industrial Commission requiring the insurance company to pay for the medical treatment.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Can I re-open a workman's comp claim and do I have to use the same lawyer
    Workers Compensation  |  Jul 18th, 2014
    Lisa L. Lanier   Dear Anonymous, If you felt a "pop" in your neck after being released by the doctor and returning to work, then you may have a new workers' compensation claim. The settlement of your claim from the February 2013 incident does not cover any new injuries that occur after the date of settlement, inclu...
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    Can I re-open a workman's comp claim and do I have to use the same lawyer
    More details to this question:Ruptured my C-6-C-7 disc in Feb. of 2013. Had surgery in June of 2013. Was released to go back to work in August of 2013. Settled my case in December 2013. Was back at work and felt a pop in my neck and felt like it was happening all over again. went back to the surgeon that did the surgery and he said that my fusion didn't take and that I needed to talk to the lawyer that handled my case. Did that and he told me that there was nothing he could do. The Dr. said that this had nothing to do with the job I was doing at the time I felt the pop, he said that it was just a matter of time because the fusion didn't take, didn't understand that because he released me to go back to work and told me in August that the fusion looked fine. have more issues going on with the Dr. now also. I am in need of some answers and maybe some legal help. I can't work and my family is suffering also. Some one please help.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,

    If you felt a "pop" in your neck after being released by the doctor and returning to work, then you may have a new workers' compensation claim. The settlement of your claim from the February 2013 incident does not cover any new injuries that occur after the date of settlement, including new injuries to the same body part. If you need the assistance of a lawyer, you are always free to choose whatever lawyer you like to represent you.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    How can I be sued a year after a car accident if I have nothing?
    Personal Injury  |  Jul 18th, 2014
    Lisa L. Lanier   Dear Anonymous, Most likely the person who you hit in the car accident had some form of injury, even if a small injury that wasn't readily apparent right away. It sounds like your insurance company satisfied the property damage claim that person had, but did not yet settle the bodily injury claim. ...
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    How can I be sued a year after a car accident if I have nothing?
    More details to this question:On July 3rd, 2013, a year ago, I was involved in a car accident. I wasn't paying enough attention and misjudged the distance on an incoming car while making a left turn into a store parking lot. I admit I made a mistake, and it's the only one I've made in at least three years (including speeding tickets, or any other traffic violations). The other party involved seemed fine, I saw them get up and walk around, my car had more damage then theirs. I had thought everything was taken care of, they accepted the offer from my insurance company, that paid for their car, and then some. But when I came home tonight, I received a summons, mind you, a year later, she is suing me $10,000. I work a retail job making $7.50 an hour, at 10 to 29 hours a week (I never know how many I will get any given week). I live with my parents and can hardly afford anything, the only thing I own is my little car, not really worth anything. What can I expect to happen? Any and all help will be much appreciated.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,

    Most likely the person who you hit in the car accident had some form of injury, even if a small injury that wasn't readily apparent right away. It sounds like your insurance company satisfied the property damage claim that person had, but did not yet settle the bodily injury claim. The other person is probably represented by a Plaintiff's personal injury attorney who initiated a lawsuit either your insurance company refused to make an offer for bodily injury, or didn't make an offer that was sufficient for the person you hit.

    In any event, it is most likely that your insurance company will pay for and hire a defense attorney and pay for any eventual settlement or trial verdict against you. It is highly unlikely you will ever have to pay anything out of your pocket, though your insurance rates may very well increase as a result of an at fault accident. The law says, however, that the person you hit could not directly sue the insurance company; they had to sue you as a matter of law, though for all practical purposes, it is still your insurance company that should take care of everything. You should immediately contact your own insurance company to make sure they know you have been sued.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format.

  • Q
    How do I know if I have a claim?
    Personal Injury  |  Jul 18th, 2014
    Lisa L. Lanier   Your potential claim would be called a premises liability claim against the business where you were playing laser tag. By the mere fact that you hurt yourself at a business does not give you a valid claim by itself. Although if the business has "medpay" in its insurance policy, you would be entitled...
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    How do I know if I have a claim?
    More details to this question:I was at a place of business playing a game of laser tag, when I tripped going up a ramp and fell. I was taken to the hospital by ambulance. X-rays were taken and I shattered the tibias plateau, split the joint from the knee to the shin, and tore my ACL. Surgery was done a week after my injury. So putting me out for a total of 7 weeks this far. And the surgeon tells me that with the metal in my leg now I may have arthritis in my leg within the next few years. I have to go through physical therapy to be able to walk again. I have been super depressed and down on myself because of the injury.
    Answer
    Answered by Lisa L. Lanier

    Your potential claim would be called a premises liability claim against the business where you were playing laser tag. By the mere fact that you hurt yourself at a business does not give you a valid claim by itself. Although if the business has "medpay" in its insurance policy, you would be entitled to some money for medical bills just based on getting hurt on the premises.

    Instead, you would have to show both that the business was at fault and that you were not in any way contributorily negligent in causing your own injury. Was the ramp defective or in some way hidden from view causing the fall? That is the kind of fact you would need to show the business was negligent and therefore legally liable. Even with that, many businesses that provide entertainment activities such as these make you sign a waiver of liability that are generally enforceable and insulate them from being liable for injuries on their premises. If you did not sign a waiver and the business can be shown to be at fault, and you were not in any way at fault yourself, then you might have a valid claim. It sounds like your injuries were significant. I hope you make a good recovery.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Auto accident
    Automobile Accidents  |  Jul 18th, 2014
    Lisa L. Lanier   Dear Anonymous, Thank you for your inquiry. You gave a good description, but it is not possible to fully evaluate a case just based on your description. A police report would give further evidence gathered at the scene by the officer based on his or her investigation. Generally, though, if you rear...
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    auto accident
    More details to this question:I was involved in an accident in june of this year, I was exiting onto the highway and had merged into my lane after I had the clear, this car had stopped in front of me and at that moment I tried to avoid hitting her and couldn't swerve in the other lane. I hit her in the rear there was no injuries at the time so a week later the car I hit said I was at fault. Was I at fault?
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,

    Thank you for your inquiry. You gave a good description, but it is not possible to fully evaluate a case just based on your description. A police report would give further evidence gathered at the scene by the officer based on his or her investigation. Generally, though, if you rear end another car, you will likely be considered at fault. It may be possible the other driver is also partially at fault, which would bar them from recovering anything from your insurance company; but it is likely that you would be found at fault as well and most likely the other driver would not be found at fault.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Need to know if my father qualifies for back pay since he waited 2 yrs before he received his SS benefits and continued to work?
    Social Security  |  Jul 18th, 2014
    Lisa L. Lanier   Dear Ms. Flores, No claimant is eligible to receive back pay for those months in which they are engaged in what the SSA refers to  as "Substantial Gainful Activity" -- which means months in which your father earned more than very minimal wages. You can access the chart for wage thresholds on t...
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    need to know if my father qualifies for back pay since he waited 2 yrs before he received his SS benefits and continued to work?
    More details to this question:My Father signed up for his retirement SS benefits in 2008, he was approved in 2009. Although he was required to move back to his country of origin since he was not a US Citizen/nor a US Resident. Once he moved to Mexico he was able to receive his benefits in 2011; he would like to obtain legal advise from an Attorney that specializes in this area. He did continue to work after he was approved for 2 years, he feels that he is owed for all those months that he continue to work and paid taxes. Please advise us regarding his situation, we have not yet found anyone that can assist him with this issue and he is desperately searching for help! Thanks! Father's name: Aurelio D. Flores
    Answer
    Answered by Lisa L. Lanier

    Dear Ms. Flores,


    No claimant is eligible to receive back pay for those months in which they are engaged in what the SSA refers to  as "Substantial Gainful Activity" -- which means months in which your father earned more than very minimal wages. You can access the chart for wage thresholds on the ssa.gov website. If your father earned enough to be paying taxes, then he was likely gainfully employed by their standard.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Can you sue for remaining balance owed on a totaled vehicle in an accident not my fault?
    Automobile Accidents  |  Sep 11th, 2013
    Lisa L. Lanier   Dear Anonymous: Unfortunately, the answer is no. Your damages are measured by the value of the property you lost. If the car is worth $5,000, but you still owe $10,000 on it, you cannot recover the difference from the at-fault driver. If it were otherwise, people could enter into ridiculous agreeme...
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    can you sue for remaining balance owed on a totaled vehicle in an accident not my fault?
    More details to this question:Was in a car accident, other driver was at fault. My insurance company said my vehicle was a total loss. They wanna give me a check for market value of my car. I got my car from a buy here/ pay here place. I have been making biweekly payments. My ins. co. said the car isnt being leased, it has a lien. Im being told that I still owe the remaining $5,000 for the vehicle. Can I sue the at fault insurance co for the remaining balance and for lost lost wages? No one was hurt in the accident. I have 2 jobs. I require a vehicle for my 2nd job as Im a delivery driver. I have already missed a week of work. I was never offered GAP insurance, never heard of it until after accident. Please help.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    Unfortunately, the answer is no. Your damages are measured by the value of the property you lost. If the car is worth $5,000, but you still owe $10,000 on it, you cannot recover the difference from the at-fault driver. If it were otherwise, people could enter into ridiculous agreements ("I'll pay $100,000 for this 1979 Ford Pinto, which is worth fifty bucks.") and then make a claim for the money they still owe, even though the property they lost was never actually worth what they are claiming. This problem of owing more than the car is worth is why some people purchase GAP insurance, which pays the difference between the value and the amount owed in the event the latter is greater than the former.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    How do we get justice
    Civil Litigation  |  Sep 10th, 2013
    Lisa L. Lanier   Dear Anonymous: There are several avenues to potentially go down, depending on the kind of assault and the kind of injuries suffered. You might start with the principle of the school or a police officer. If the injuries suffered are significant, you might want to consult with a personal injury atto...
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    how do we get justice
    More details to this question:How do my wife and i go about getting justice for our daughter who was assaulted by her teacher
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    There are several avenues to potentially go down, depending on the kind of assault and the kind of injuries suffered. You might start with the principle of the school or a police officer. If the injuries suffered are significant, you might want to consult with a personal injury attorney about further steps to take.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    How much should the person at fault in an auto accident pay for medical bills?
    Automobile Accidents  |  Sep 10th, 2013
    Lisa L. Lanier   Dear Anonymous: Since your wife's accident occurred after October 1, 2011, the only amount that would be presentable should a jury trial be required would be the amount actually paid (by you or your health insurance) plus the amount necessary to pay any outstanding balances that may be left behind....
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    How much should the person at fault in an auto accident pay for medical bills?
    More details to this question:My wife, who is 7 months pregnant was rear ended the other day. No serious injuries, but she had to go to the hospital by ambulance and they kept her there for 24 hours for observations. She has health insurance, and they have paid the bills so far. I want to know does the other drivers insurance pay us for the entire amount of all the medical bills or just the amount we have to pay out of pocket?
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    Since your wife's accident occurred after October 1, 2011, the only amount that would be presentable should a jury trial be required would be the amount actually paid (by you or your health insurance) plus the amount necessary to pay any outstanding balances that may be left behind. This is due to a change in the law and placed within the Rules of Evidence.  However, a liability carrier representing the at-fault driver may be willing to compensate your wife based upon the total bills for various reasons. This new legislation has made it that much more important to secure experienced legal guidance to navigate through the issues.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    How long after you are injured will you recieve your first payment from workmans comp? i live in nc
    Workers Compensation  |  Jul 11th, 2013
    Lisa L. Lanier   Dear Ms. Hanley, It depends. The insurance company has up to 120 days to investigate your claim to decide if they will accept or deny it. Once the insurance company accepts the claim, payments should begin within 14 days of the acceptance. If the insurance company denies the claim, you can request ...
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    how long after you are injured will you recieve your first payment from workmans comp? i live in nc
    More details to this question:We live in a hotel due to lose of apt in fire. We both work but neither makes enough alone to make it. We pay almost $1000 a month. I got injured and wihtout that money we will be homeless. Please help
    Answer
    Answered by Lisa L. Lanier

    Dear Ms. Hanley,

    It depends. The insurance company has up to 120 days to investigate your claim to decide if they will accept or deny it. Once the insurance company accepts the claim, payments should begin within 14 days of the acceptance. If the insurance company denies the claim, you can request a hearing to challenge that denial, but no payments are made while the hearing is pending.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Can i sue for workers comp after being fired from job
    Workers Compensation  |  Jul 11th, 2013
    Lisa L. Lanier   Dear Anonymous, Yes, you can pursue a workers’ compensation claim even if you no longer work for the employer who employed you when you were hurt. However, you must bring your claim within two years of the date of your injury. This response does not form an attorney-client relationship, nor ...
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    can i sue for workers comp after being fired from job
    More details to this question:i was injured on job in oct did not get lawyer went back to work in dec fired from job in may. was disqualified for unemployment because job did not contact esc. since my workers comp is still open for 2 years can i sue insurance co. for lump sum payment i did not receive. a letter from commission says i have 2 years from last workers comp check to to notify the industrial commission or my rights to these benefits maybe lost.what are my rights and can i still claim these benefits?
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,

    Yes, you can pursue a workers’ compensation claim even if you no longer work for the employer who employed you when you were hurt. However, you must bring your claim within two years of the date of your injury.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Private Pool Lock/Fence requirements
    Personal Injury  |  Jul 9th, 2013
    Lisa L. Lanier   We are unaware of any requirement of a lock, but that would be a very localized rule, so to be certain you should contact local law enforcement. If you have access to the internet, many mid to small sized cities have their regulations posted online. This response does not form an attorney-client re...
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    Private Pool Lock/Fence requirements
    More details to this question:As a homeowner in New Bern, am I required to have a lock on my fence if I have a pool? My homeowners policy only required a fence but there is a debate about a lock being enforced by the police, which I have found no merit to in any ordinance.
    Answer
    Answered by Lisa L. Lanier

    We are unaware of any requirement of a lock, but that would be a very localized rule, so to be certain you should contact local law enforcement. If you have access to the internet, many mid to small sized cities have their regulations posted online.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format.

  • Q
    Sueing for Defamamtion of Character
    Civil Litigation  |  Jul 9th, 2013
    Lisa L. Lanier   While defamation of character cases are very hard to prove, you have described a matter with legitimate potential to be a viable case. Obviously, it would need to be explored in much more detail before an opinion could be rendered on whether it was worth pursuing. You should call a reputable firm in...
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    Sueing for Defamamtion of Character
    More details to this question:Had an ex-girlfriend try to ruin my life. We are both in the army and doctors. She went to my commander and accused me of sleeping with enlisted soldiers, doing drugs, and breaking HIPPA violations. They only charge that had any evidence was the HIPPA violation. So, an investigation was launched to see if I had indeed looked up a patient's medical record, whom I was not caring for. The truth is, is that she used my name and password to look him up. After 6 months, I was found not guilty and they found lucid evidence on her. She is currently under investigation for that and looking up my medical record without my consent. In the past six months I have been removed from the residency, and placed in another unit. Plenty of people will attest to her slander and libel (my commander, investigator, etc) actions. Do I have a case?
    Answer
    Answered by Lisa L. Lanier

    While defamation of character cases are very hard to prove, you have described a matter with legitimate potential to be a viable case. Obviously, it would need to be explored in much more detail before an opinion could be rendered on whether it was worth pursuing. You should call a reputable firm in your area and explore it in more detail.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format.

  • Q
    Can we be held liable for our daughter's medical expenses. She is no longer a dependent but we carry her on our medical insurance.
    Workers Compensation  |  Jun 27th, 2013
    Lisa L. Lanier   Dear Ms. Young: Most falls at work are covered by the Workers' Compensation Act in North Carolina. If the employer is not responding to a claimed work injury, the injured employee can pursue the claim through the North Carolina Industrial Commission, which oversees the workers' compensation system ...
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    Can we be held liable for our daughter's medical expenses. She is no longer a dependent but we carry her on our medical insurance.
    More details to this question:She fainted at work, fell, and hit her shoulder. The employer called an ambulance while she was unconscious. She's okay but has $2800+ in medical expenses. Employer is not responding to the workers comp claim she has filed. She is 23, unemployed, and not sure what to do to get her claim handled. We're concerned she and then we as the policy holders will be held liable for the medical expenses. The majority of the expense is the ambulance. She lives in NC but not with us.
    Answer
    Answered by Lisa L. Lanier

    Dear Ms. Young:


    Most falls at work are covered by the Workers' Compensation Act in North Carolina. If the employer is not responding to a claimed work injury, the injured employee can pursue the claim through the North Carolina Industrial Commission, which oversees the workers' compensation system and tries cases in which the employer and employee have a dispute over whether an injury is work-related. As for any medical bills that are owed while the workers' compensation claim is pending, parents are generally held liable for medical bills incurred by their children when those children are minors under the age of eighteen. Once children reach age eighteen, any debts they incur are generally their own responsibility.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    I am out on workmans comp can my employer offer me 45 mins of work because they have! That is an insult. It takes 30 min to get there.
    Workers Compensation  |  Jun 27th, 2013
    Lisa L. Lanier   Whether or not the employment offered to you by your employer is consistent with the Workers' Compensation Act is a fact-intensive inquiry. The suitability of the offered employment is determined by looking at the injured worker's work experience, medical restrictions, education and vocational train...
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    I am out on workmans comp can my employer offer me 45 mins of work because they have! That is an insult. It takes 30 min to get there.
    More details to this question:I would not be able to take meds
    Answer
    Answered by Lisa L. Lanier

    Whether or not the employment offered to you by your employer is consistent with the Workers' Compensation Act is a fact-intensive inquiry. The suitability of the offered employment is determined by looking at the injured worker's work experience, medical restrictions, education and vocational training, and the distance between the employee's home and the workplace. The suitability of the offered employment will aslo be judged by looking at whether your treating doctor believes you have reached maximum medical improvement, which generally happens when the doctor believes your condition has improved to the point that no further improvement is expected.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    What are the consumer's rights if a drink is purchased & partially consumed that contains a moldy, fungal type glob in it?
    Products Liability  |  Jun 26th, 2013
    Lisa L. Lanier   Dear Anonymous: The question in any such situation is whether consuming the tained beverage caused any physical problems or damage. If so, you might have a products liability claim. If not, the claim would be limited to the replacement cost of the beverage. This response does not form an attorney-...
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    What are the consumer's rights if a drink is purchased & partially consumed that contains a moldy, fungal type glob in it?
    More details to this question:I found a moldy, fungal like glob in a can of tea I purchased yesterday. My daughter-in -law drank some of the beverage & pieces of the "thing". What should we do? What are our legal rights in this instance? She called out of work today because she didn't feel well enough to go to work.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:


    The question in any such situation is whether consuming the tained beverage caused any physical problems or damage. If so, you might have a products liability claim. If not, the claim would be limited to the replacement cost of the beverage.


    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Should I contact an attorney for medical negligence?
    Medical Malpractice  |  Jun 25th, 2013
    Lisa L. Lanier   Dear Anonymous, Medical negligence claims have a completely different set of rules designed to make it much more difficult for patients to sue doctors, and they are very expensive. However, your brief description of the facts demonstrates that you may have a claim against the entity that caused the...
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    Should I contact an attorney for medical negligence?
    More details to this question:On July 28, 2012 I fell on pavement at a public facility as a result of a knee walker being setup for the wrong leg by the medical store. I was seen initially for a fractured scaphoid in my right wrist. My hip was also hurting and no tests were done. My wrist and hip continued to hurt. Finally I decided to consult with a different doctor concerning my hip. After 1 test it was found that I had a labral tear and had surgery Feb 13, 2013. While out of work with the hip surgery I also decided to get another opinion of my wrist. After being sent for an arthrogram of my wrist I had to have another surgery last week for torn cartilidge and ligaments in my wrist. The original doctor told me nothing was wrong and tried to convince me it was all in my head. As a result of all this I have now lost my job because of too much time away from work. When my hip surgery was done in Feb, my pereneal nerve was damaged. Therefore, my last day of work was Feb 12, 2013.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous,

    Medical negligence claims have a completely different set of rules designed to make it much more difficult for patients to sue doctors, and they are very expensive. However, your brief description of the facts demonstrates that you may have a claim against the entity that caused the original injury and you may be eligible for Social Security Disability. Please feel free to call our office to describe the facts more fully.


    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Property damage
    Products Liability  |  May 9th, 2013
    Lisa L. Lanier   Dear Anonymous: Your question appears to ask if the dog owner's text message is enough to form a contract and make her legally responsible to pay for damages her dog caused. There is probably not a clear answer to that question. The law of contracts requires that there be something called "consider...
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    Property damage
    More details to this question:Hello, I am dog sitting for the first time for five days. The dog done a lot of damages, chewed on the door frame/trim, jump push my bathroom door and broke it, and chewed my window blinds. I know it's my responsibility to watch the dog, but I also have a two months old son I have to care too, also, the dog became aggressive towards my son, but never ever gone near him since and I defiantly made sure. I called her the second day and told her all about it and for her to come get the dog, she said she was. Never came, I called multiple times and texted her. No answer. I assumed this was an abandonment and was going to call the animal control/sheriff. My husband, who is a military police, said before i do that, he'll call her. No answer. It took us so many times to get her to answer her phone, so finally my husband sent her a text, saying, he's the military police on base and that hell report her for abandonment and not paying for the damages, since her husband is a marine, he can get in trouble for his wife's action. She replied within two minutes and making excuses why she could pick up and said shell pay for the damages. Anyways, I took pictures of the damages and called a contractor to estimate it. Tonight is the last night with this dog, and texted her to ensure she's coming tomorrow. She said she has enough money for the dog sitting, but not for the damages and be able to pay it next week. I'm worried she might not pay and was wondering if the SMS (text messaging) would be proof of her saying shell pay next week.
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    Your question appears to ask if the dog owner's text message is enough to form a contract and make her legally responsible to pay for damages her dog caused. There is probably not a clear answer to that question. The law of contracts requires that there be something called "consideration" for a contract to be enforceable. In other words, a simple promise is not enforceable. Someone could promise to pay you money as a gift, but if they don't do so, there is nothing you can do about it.

    You could argue here, however, that you formed a settlement contract. If you as her to pay for all damages and she agreed and you accepted her agreement, there is consideration for her promise to pay, which would be enforceable.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    Was locked up in 2007 for a short time
    Personal Injury  |  May 9th, 2013
    Lisa L. Lanier   Dear Mr. Laughter: In order to make a claim for personal injury in North Carolina, the general statute of limitations is 3 years. That means that if a case is not either settled or there has not been a lawsuit filed within 3 years of the date of the incident, the claim is time barred forever. That ...
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    was locked up in 2007 for a short time
    More details to this question:in 2007 i was getting ready to be released from jail and one of the ohter inmates turned around and hit me in my mouth and knocked my 2 front teeth out. in front of all the guards and other inmates now it being 2013 my teeth are still not fixed and my mouth is really bad i cant eat or drink or my gums will swell up and bleed i am n constant pain and cant deal with it anymore i want to sue for this its been 2 long and i need something done about it
    Answer
    Answered by Lisa L. Lanier

    Dear Mr. Laughter:


    In order to make a claim for personal injury in North Carolina, the general statute of limitations is 3 years. That means that if a case is not either settled or there has not been a lawsuit filed within 3 years of the date of the incident, the claim is time barred forever. That appears to be the case here, unfortunately.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.

  • Q
    How may I collect a Default Judgment against a Defendant who has left the State?
    Collections  |  May 9th, 2013
    Lisa L. Lanier   Dear "MH": North Carolina recognizes judgments entered in other states, also called "Foreign Judgments." While you can attempt to collect on the judgment by alternative means outside of the legal system, you would need to have the judgment filed in the county of North Carolina where the debtor resi...
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    How may I collect a Default Judgment against a Defendant who has left the State?
    More details to this question:April 15, 2013 RE: HOW MAY I COLLECT PROPER, BONA FIDE CT $7,500+ COURT DEFAULT JUDGMENT AGAINST DEFENDANT WHO HAS SINCE MOVED TO CHARLOTTE, NC? HELLO, Regarding a civil matter in which the Defendant, through Fraudulent Misrepresentation (my term), has solicited under false pretense advance payment for Services and Materials and literally left town the very next day (apparently using my money, which he insisted he required immediately)? I was well represented at the Putnam, CT Superior Court and even obtained Fees and Penalties (approximately Treble Damages). Everything is in order and my research indicates that the Statute of Limitation has not 'run out'. I need aggressive and effective Charlotte, NC Counsel to obtain this money for me, understanding there will be standard fees for such services, likely based on amount recovered. Sincerely, 'MH' Woodstock, CT
    Answer
    Answered by Lisa L. Lanier

    Dear "MH":

    North Carolina recognizes judgments entered in other states, also called "Foreign Judgments." While you can attempt to collect on the judgment by alternative means outside of the legal system, you would need to have the judgment filed in the county of North Carolina where the debtor resides or where the debtor owns real estate or personal property in order for the judgment to be collected upon by ways such as a Writ of Garnishment by the sheriff and levying bank accounts.

    Lanier Law Group has an aggressive collections division and would be happy to review the documents and judgment you have to determine if this is something we can assist with. You would have to pay any costs needed up front in the efforts, but we do not collect attorney fees unless we collect.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619

  • Q
    Can creditors take my car for past debt owed?
    Collections  |  May 9th, 2013
    Lisa L. Lanier   Dear Ms. Smith: A creditor cannot take your car for past due debt. If the creditor filed a lawsuit and has obtained a judgment against you for the debt owed, then the creditor can seek a writ from the court to have the sheriff locate assets. However, you would know if that happens and have the oppo...
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    Can creditors take my car for past debt owed?
    More details to this question:I own my car. I owe credit cards,
    Answer
    Answered by Lisa L. Lanier

    Dear Ms. Smith:

    A creditor cannot take your car for past due debt. If the creditor filed a lawsuit and has obtained a judgment against you for the debt owed, then the creditor can seek a writ from the court to have the sheriff locate assets. However, you would know if that happens and have the opportunity to list property to exclude. In some cases, vehicles can be levied by the sheriff to pay for a judgment.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 1-855-234-7619.

  • Q
    Will i be held responsible, for my grandaughter for taking my car without my permission and having a serious accident?
    Automobile Accidents  |  May 9th, 2013
    Lisa L. Lanier   Dear Anonymous: While the answer ultimately depends on the language in your insurance policy and some more fact details, generally you will be held liable - and therefore, your insurance policy will pay - for damages caused by anyone who is a permissive user of your vehicle. Basically, that means i...
    x
    Will i be held responsible, for my grandaughter for taking my car without my permission and having a serious accident?
    More details to this question:My granddaughter took my car without my permission. She had an altercation with some girls. During this altercation, she was being threaten by these girls with different kinds of weapons - knifes, machetes, they surrounded her vehicle and wouldn't allow her to leave, for fear for her life, She hit the accelerater and when she did, she accidently hit one of the assailants. Instead of her going to report this to the police, she came straight home. I didn't find out anything about it until the next day. Will I be held liable? Thanks
    Answer
    Answered by Lisa L. Lanier

    Dear Anonymous:

    While the answer ultimately depends on the language in your insurance policy and some more fact details, generally you will be held liable - and therefore, your insurance policy will pay - for damages caused by anyone who is a permissive user of your vehicle. Basically, that means if you are driving your car and cause damage by your negligence, then your insurance policy should pay. If your car was stolen, or the user is not a permissive user of your car, your insurance policy will usually not pay for damages done by the negligence of the person who stole your car or was using it without your permission.


    It sounds like in your case there may be several questions to ask: Did your granddaughter really steal ther car? Did you report that to the police? Would you even want to do that? Did she regularly drive the car with your permission and she just didn't happen to ask this time, but really, you were fine with her taking it?

    Most likely your insurance company will deny coverage if you tell them the car was not being driven with your permission. A side issue is that if one of the people your graddaughter hit was attacking your granddaughter, that person is likely contributorily negligent anyway, and because of that, the attacker would not have much of a case against you or your graddaughter anyway.

    This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 1-888-372-4859.

  • Q
    My mom was admitted for hip replacement on emergency basis; she was not fed for 3 days
    Medical Malpractice  |  Apr 2nd, 2013
    Lisa L. Lanier   Dear Ms. Dowzicky, You have a few options here. One is to seek information from the hospital ombudsman to help clarify what happened and why. It is possible there is a reasonable explanation that could satisfy you. Another option is to file a complaint with the North Carolina Medical Board. A third...
    x
    My mom was admitted for hip replacement on emergency basis; she was not fed for 3 days
    More details to this question:had necessary medications withheld without explanation as to why it was being withheld. When I spoke to the nurse; she laughed when acknowledging that she had not been fed.
    Answer
    Answered by Lisa L. Lanier

    Dear Ms. Dowzicky,


    You have a few options here. One is to seek information from the hospital ombudsman to help clarify what happened and why. It is possible there is a reasonable explanation that could satisfy you. Another option is to file a complaint with the North Carolina Medical Board. A third option is to seek advice from a medical malpractice attorney. If a medical malpractice attorney were willing to take your case on, they would obtain all relevant medical records and seek the advice of a medical expert to determine if the care rendered were below the standard of care, and therefore, if your mother has a legal cause of action she could or should make a claim in a civil court of law.

  • Q
    a fight
    Personal Injury  |  Apr 2nd, 2013
    Lisa L. Lanier   Dear Mr. Wall, The police and district attorney will usually have some rights to compel some time with you if you are a material witness to something they are investigating. Of course, if you don't have much to say, they will likely not bother spending much time with you. Cooperating, at least to s...
    x
    a fight
    More details to this question:this guy was in a fight with another guy yesterday at the park an the police are trying to ask me questions about it but i dont want to be apart of it what should i do
    Answer
    Answered by Lisa L. Lanier

    Dear Mr. Wall,

    The police and district attorney will usually have some rights to compel some time with you if you are a material witness to something they are investigating. Of course, if you don't have much to say, they will likely not bother spending much time with you. Cooperating, at least to some degree, is probably your best bet. In the event your own civil rights could be infringed by such cooperation, or you could rish incriminating yourself by such cooperation, you might want to consult a criminal defense attorney.

  • Q
    After haveing pain in my shoulder and going to dr found out its degenerative and can't work due to pain what can I do?
    Workers Compensation  |  Jan 20th, 2013
    Lisa L. Lanier   Ms. Eisenhauer, North Carolina workers' compensation claims typically fall into two categories. One is where there has been an accident and the other is a condition that develops slowly over time as a result of a workplace exposure. Your situation sounds like the second type, which is called an occu...
    x
    after haveing pain in my shoulder and going to dr found out its degenerative and can't work due to pain what can I do?
    Answer
    Answered by Lisa L. Lanier

    Ms. Eisenhauer, North Carolina workers' compensation claims typically fall into two categories. One is where there has been an accident and the other is a condition that develops slowly over time as a result of a workplace exposure. Your situation sounds like the second type, which is called an occupational disease. In order to have a claim for an occupational disease, your doctor will need to give an opinion that  something about your job, such as a specific type of repetitive motion caused your condition, and your job placed you at increased risk for the injury. More information about your sitaution woul be helpful. Another consideration would be a potential Social Security Disabilty claim if you will not be able to return to work. 

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