June 27, 2012
A personal injury claim can arise from any number of incidents, including automobile accidents, medical malpractice, slips and falls, and construction accidents. The basic requirement of a valid claim is only that you have been injured as a result of another party’s breach of a duty owed to you; for example, another driver failing to observe a red light or an apartment complex failing to remove ice from its commons area stairs. Read more
Subrogation Lawsuits by Homeowner’s Insurance Companies Against North Carolina Construction Contractors
June 25, 2012
Homeowner’s insurance policies provide coverage for a wide range of “occurrences,” including: fires, collapsing roofs, water damage from burst pipes, and other incidents which require thousands of dollars to remediate. If the homeowner’s insurance company believes it has paid on a claim where the occurrence was caused by the negligence of a contractor, it will “subrogate” to the right of its insured and sue that contractor directly. It is important to take such subrogation suits seriously, but to also understand that they can be successfully defended. The Raleigh construction litigation attorneys of Maginnis Law represent a wide range of contractors and can assist you in defending a subrogation action brought by a homeowner’s insurance company. To speak with one of our Raleigh attorneys, call the firm at 919.480.8526 or 919.526.0450. Read more
June 21, 2012
If you have been injured in a serious automobile accident due to the negligence of another driver, you are entitled to file a personal injury claim against his or her automobile insurance company. Unfortunately, not all automobile insurance companies deal fairly with claimants. Many hide behind weak liability and medical arguments in an attempt to force you to take less than reasonable compensation. When this happens, you need a knowledgeable and aggressive car accident attorney to represent your interests. The Raleigh automobile accident lawyers of Maginnis Law will try to help you negotiate an out-of-court settlement, but, if that fails, our firm will not hesitate to file a claim with the Courts and make the insurance company answer to a jury. To speak with one of our attorneys, call the firm at 919.480.8526 or send an email using our contact page.
Your primary concern after an automobile accident should be to get better. You may need significant medical treatment, including surgery, and you typically will only have one opportunity to settle with the insurance company. Settling before you have completed treatment is rarely a good idea. In most cases, you should not settle until you have received all necessary medical treatment resulting from the automobile accident or, at a minimum, have a projection of future medical treatment.
Once you have recovered medically, you will need to identify all of the damages you have sustained which are recoverable under North Carolina negligence law. Those damages, of course, begin with your past and future medical expenses. If your injury occurred after October 1, 2011, you are entitled to all amounts actually paid or owed for your medical treatment. This includes amounts paid by your health insurance provider. You are also entitled to compensation for lost wages or loss of wage earning capacity. Other damages which are more difficult to calculate include (1) physical, mental, and emotional pain and suffering; (2) loss of enjoyment of life; and (3) temporary and permanent disability and/or impairment. In some situations, such as those involving a drunk driver, a claimant may be entitled to punitive damages. This allows the jury to punish the at-fault driver by awarding money damages of up to $250,000.00 or three times the claimant’s actual damages, whichever is greater.
After identifying your damages, you (or your attorney) must then determine from where you can recover the funds. This analysis usually begins with the at-fault driver’s liability insurance. The minimum liability limits in North Carolina are only $30,000.00, though. If your damages are, for example, $150,000.00, you would only be able to recover approximately 20% of your damages from the at-fault driver. In this scenario, you should obtain your own automobile insurance policy to determine the amount of your Underinsured Motorist (UIM) coverage. If you have a larger policy that contains, for example, $300,000.00 of UIM coverage, you could recover the remaining $120,000.00 from your own policy.
The Raleigh automobile accident attorneys of Maginnis Law regularly represent clients involved in Wake County car collisions. Our firm offers free consultations and represents all clients on a contingency fee, which means that you pay no attorneys’ fees until we make a recovery for you.
If you have been injured in an automobile accident on I-40, the Beltline, US Highway 64, US Highway 401, or US Highway 70, call the Maginnis Law Raleigh automobile accident lawyers at 919.480.8526 or send an email using our contact page.
June 20, 2012
Pursuant to Rule 36 of the North Carolina Rules of Civil Procedure, any party to a lawsuit may serve written “Requests for Admissions” on any other party. Many Plaintiffs’ attorneys will serve Requests for Admissions with the Complaint and Summons. This happens frequently in debt defense, breach of contract, and other business law disputes. If the receiving party fails to respond within the time allowed the Requests for Admissions are “deemed admitted.” If you are the Defendant, this failure to respond can ruin any chance to successfully defend the lawsuit. Therefore, it is important that you contact an experienced litigation attorney if you receive Requests for Admissions. To discuss your case with the Raleigh civil litigation attorneys of Maginnis Law, call the firm at 919.526.0450 or 919.480.8526. You may also send confidential email inquiries using our contact page. Read more
June 14, 2012
A serious automobile accident is a life-changing event. Aside from the physical pain and disability, you also have to cope with the associated financial damage caused by expensive medical bills and the inability to work. The attorneys of Maginnis Law can assist you in recovering fair personal injury compensation from the at-fault driver’s automobile insurance company. Our personal injury lawyers are knowledgeable litigators who will attempt to settle your claim if possible and, if not, file a lawsuit on your behalf. To speak with a Chatham County car accident attorney, call the firm at (919) 480-8526. Read more
June 4, 2012
Whether you are the sole member of a small limited liability company or the president of an international corporation, the chances are that you will eventually need the assistance of a seasoned business litigation attorney. The Raleigh business litigation law firm of Maginnis Law represents dozens of local, national, and international business, including companies involved in areas such as telecommunications, media, land development, construction, staffing, textiles, event production, food services, security, hotel management, and waste disposal. If you find yourself in need of an attorney to file a law suit on your company’s behalf, or to defend one, contact the attorneys of Maginnis Law at 919.526.0450 or 919.480.8526 to set up a free consultation.