Raleigh Small Business Civil Litigation Attorney

November 28, 2011

The Raleigh civil litigation attorneys of Maginnis Law represent a variety of small to medium size businesses. The law firm’s clients include companies involved in construction, staffing, international trade, automobile repair, telecommunication, food service, land development, entertainment, and technology. To speak with a Maginnis Law small business attorney regarding legal representation for your company, call the firm at 919.480.8526. Read more

Raleigh Inverse Condemnation Attorney and Wake County Eminent Domain Lawyer

November 22, 2011

Condemnation is the process whereby the government initiates lawful proceedings for the taking of private property. In North Carolina, this is done utilizing the proceedings outlined by Chapters 40A and 136 of the General Statutes. In order to take private property, the government must pay “just compensation.” If the government takes private property without initiating condemnation proceedings or paying fair compensation, you may file an action for inverse condemnation. In fact, if the government has taken any action which has significantly reduced the market value of your real estate, you may, depending upon the circumstances, have an action for inverse condemnation. For a free consultation and evaluation of your potential inverse condemnation claim, contact the Raleigh condemnation litigation attorneys of Maginnis Law at 919.480.8526. Read more

Raleigh Civil Appeals Attorney and North Carolina Appellate Lawyer

November 15, 2011

Despite their best efforts, trial judges occasionally make mistakes. In such situations, it may be prudent for a litigant to file a civil appeal with the North Carolina Court of Appeals. Pursuant to Rule 3 of the North Carolina Rules of Appellate Procedure, a “Notice of Appeal” must be filed within very strict jurisdictional time limits; failure to timely file a Notice of Appeal will likely result in dismissal. Therefore, it is important that you immediately consult an appeals lawyer after an adverse ruling. You may reach the Raleigh appellate attorneys of Maginnis Law at 919.480.8526 or by sending a confidential email via our contact page. Read more

North Carolina Car Accident Undisplaced Fracture Injury

November 14, 2011

Automobile collisions cause a variety of orthopedic injuries. Many are a result of the whiplash action of a motorist’s spine, while others are caused by blunt force trauma to the back, neck, or limbs. Undisplaced fractures fall in this latter category in that they are usually caused by a motorist’s body striking the interior of his or her car. Undisplaced fractures are also common among pedestrians, motorcyclists, and bicyclists struck by negligent automobile drivers. The Raleigh car accident attorneys of Maginnis Law can help you recover fair compensation for your undisplaced fracture injury. For a free personal injury consultation, contact our Raleigh civil litigation lawyers at 919.480.8526 or send us an email using our contact page.

An undisplaced fracture is a type of bone break wherein the bone does not completely separate but, instead, cracks in several directions. It also commonly referred to as a “nondisplaced fracture.” An undisplaced or nondisplaced fracture may usually be visualized on an MRI of the affected area. Treatment options typically include extended rest and physical therapy. It is common for the recovery period to takes several months.

Given the rest and physical therapy necessitated by an undisplaced fracture, the injured party may incur significant damages in the way of lost time from work and medical costs. The automobile accident attorneys of Maginnis Law can help recover these costs, as well as, damages for the physical, mental, and emotional pain and suffering associated with your injuries and the trauma of the car collision. We will attempt to negotiate a favorable settlement of your claim but, if necessary, will file suit and litigate on your behalf.

The Raleigh car accident attorneys of Maginnis Law represents clients in and around the Triangle area including: Raleigh, Durham, Cary, Chapel Hill, Apex, Wake Forest, Morrisville, and Burlington. We offer free consultations and handle personal injury matters solely on a contingency basis. You do not pay any attorneys’ fees unless you make a recovery for your injury.

You may call the Raleigh attorneys of Maginnis Law at 919.480.8526; you will be connected to speak with an attorney, not a paralegal or “case manager.” You may also choose to send a confidential email regarding your claim via our contact page.

Eminent Domain Takings by Private Condemnors Under North Carolina Law

November 10, 2011

The right to exercise eminent domain authority and take private property for public use is not limited to state and local governments. Chapter 40A of the North Carolina General Statutes permits certain private condemnors to take private property when necessary for the construction of railroads, telephone lines, electric power lines, electric lights, public sewerage systems, and other assorted public works. Read more

North Carolina Lawsuits Against Debt Buyers and Collection Agencies Seeking to Collect on Old Debt

November 8, 2011

Many individuals receive calls from collection agencies that have purchased debt from creditors or other commercial collection agencies.  These debt buyers purchase old debt for pennies on the dollar hoping to collect on debt that others had been unable to recover.  Under North Carolina law, a debt buyer is a person or entity who purchases delinquent or charged-off consumer loans, receivables or other consumer or retail debt.In North Carolina, debt buyers are prohibited from collecting time-barred debt or a debt that is otherwise unrecoverable as a matter of law unless the collection agency informs the consumer/debtor that the debt is time-barred or otherwise recoverable. Read more

Raleigh Land Condemnation Attorney and Eminent Domain Lawyer

November 8, 2011

The phrase “eminent domain” describes a government’s right to take private land. Under the United States constitution, no governmental authority may exercise their eminent domain rights unless the private land will be used for a public purpose or benefit and the government pays “just compensation” for the land. In North Carolina, Chapters 40A and 136 of the General Statutes provide the procedures for condemnation of private land and the payment of just compensation therefor. If your property is being condemned by the state or a municipality, county, or utility company, contact the eminent domain attorneys of Maginnis Law at 919.480.8526. You may also use our contact page to submit a confidential inquiry to our civil litigation lawyers.

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Attorney Fees in North Carolina Business Contracts

November 4, 2011

North Carolina has traditionally limited recovery of attorney fees in business contracts to certain limited circumstances, even if the contract allowed for the recovery of attorney fees in the event of a dispute or litigation between the parties.  However, North Carolina has issued a new law which allows for the recovery of reasonable attorney fees at the court’s discretion where those fees are in a written business contract and are reciprocal. This new law should have a significant impact on how business contract disputes are litigated. Read more

Valuing Automobile Accident Settlement Offers Pursuant to North Carolina Personal Injury Law

November 4, 2011

If you have sustained a personal injury in a North Carolina automobile accident, you are entitled to file a third-party liability claim against the responsible driver’s automobile insurance company. The insurance company may then make a monetary settlement offer as compensation for your personal injuries. In many cases, the value of this opening settlement offer will be less than reasonable. You are not required to accept it. You may make a counter with your own settlement offer or choose to pursue civil litigation. The Raleigh personal injury attorneys of Maginnis Law, PLLC can help both with negotiating and litigating your claim. We will evaluate the specific facts of your case and develop a strategy designed to maximize your personal injury compensation. Call one of our lawyers today at 919.480.8526 or send a confidential email using our contact page.

In deciding whether to accept a particular settlement offer, it is important that you understand how personal injury cases are assessed by automobile insurance companies. An insurance adjuster makes a projection of the damages a jury would likely award if your case were to be tried. In North Carolina these damages typically include compensation for (1) medical expenses, (2) lost wages or loss of wage earning capacity, and (3) physical, mental, and emotional pain and suffering. A number of factors influence the adjuster’s projection of what a jury might award, including:

(1) The amount of property damage to the vehicles;

(2) The nature of your medical diagnosis, is it purely subjective or based upon objective evidence of injury shown on an MRI or X-Ray;

(3) Whether an air bag deployed;

(4) Whether an ambulance was called; and

(5) The amount of third-party liability insurance available under their insured’s policy.

This list is merely illustrative; there are countless other factors that may be relevant, including whether the claimant has retained an attorney. In many cases, the insurance adjuster’s settlement offer will not be reasonable. Their primary job is to pay as little on each personal injury claim as possible, and they will often attempt to settle your case for far less than fair compensation.

The benefit to retaining a knowledgeable car accident personal injury lawyer is that you get an advocate who is familiar with the system and can highlight the “good” facts of your case, whether to the insurance adjuster in settlement negotiations or to the jury at trial. If you would like representation to pursue a higher settlement offer or jury verdict, contact the Raleigh civil litigation attorneys of Maginnis Law.

As a small law firm, Maginnis Law does not retain a large team of “case managers” to correspond with our clients; we work with our clients directly to gain a thorough understanding of their case. Our clients know that they can contact us directly whenever they have a question or an issue arises. We offer free consultations for all new automobile accident matters and handle such cases solely on a contingency basis. You pay no attorneys’ fees unless we make a recovery for you.

If you have sustained personal injuries in a car accident in Raleigh, Durham, Chapel Hill, Cary, Wake Forest, Apex, Morrisville, or anywhere else in the greater Triangle area, contact the personal injury litigation lawyers of Maginnis Law at 919.480.8526. You may also use our contact page to submit a new case inquiry to our attorneys; you will typically receive a response within the day.

 

Obtaining Relief from Default Judgments under North Carolina Law

November 3, 2011

The North Carolina Rules of Civil Procedure require a defendant in a civil lawsuit to file an answer or other responsive pleading, such as a motion to dismiss, within thirty days after service of a complaint and summons. If the defendant does not timely respond, or otherwise contact plaintiff’s counsel, the plaintiff may move for entry of default and default judgment. If that judgment is obtained, the defendant may then receive a “Notice of Right to Designate Exemptions.” If you have recently received such a Notice, then you may still be able to fight the default judgment. Call the Raleigh civil litigation attorneys of Maginnis Law at 919.480.8526 to discuss how we might assist you.

The rule allowing relief from a default judgment is North Carolina Rule of Civil Procedure 60(b). This rule allows a judge, in his or her sole discretion, to set aside a default judgment in situations involving, among other things: mistake, inadvertence, surprise, misrepresentation, fraud, or excusable neglect. There is also a “catch all” provision in Rule 60(b) which states that a judge can grant relief for “any other reason justifying relief from the operation of the judgment.” Courts often cite this language when it would be inequitable to impose a large default judgment.

While Rule 60(b) motions are not always successful, they are a relatively inexpensive option for defendants looking for relief from a costly default judgment. Before paying a default judgment, contact the Raleigh civil litigation attorneys of Maginnis Law for a free consultation. Our lawyers are experienced in arguing Rule 60(b) motions and can evaluate and discuss whether your case may prove successful.

As a small law firm, Maginnis Law is able to work under a variety of billing arrangements, including flat rate and hourly. We regularly represent clients in Raleigh, Durham, Chapel Hill, Cary, Morrisville, Apex, Wake Forest, Clayton, and the rest of the Triangle. To speak with one of our civil litigation lawyers, contact us at 919.480.8526. You may also submit confidential email inquiries using our contact page.

 

 

 

 

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