• What should I do if I have been injured in an auto accident?
• How do I know if I need a personal injury attorney?
• What do I do if an insurance company offers me a settlement?
• What is "Liability?"
• What is "Contributory Negligence"?
• What if I've experienced the Wrongful Death of a loved one?
• What if I've been injured on the job (Workers' Compensation)?
• What about Medical, Hospital and Nursing Home Malpractice?
• What if I've been injured by a defective product (Products Liability)?
• What is the amount of compensation based upon?
• What will the legal process cost?
• If I make a claim, will I have to spend a lot of time in court?
• What should I look for in an attorney?
• What if I can't afford medical care?
• What about the property damage to my vehicle?
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• Our Experience
• Client-Focused

What should I do if I have been injured in an auto accident?

Stop and call a police officer. North Carolina law requires drivers of motor vehicles involved in a collision resulting in personal injury, death or property damage to immediately stop their vehicles at the scene of the collision, avoid obstructing traffic more than necessary, and to immediately return to or remain at the scene of the collision until a law enforcement officer completes the investigation and authorizes them to leave. However, you are permitted to leave the scene temporarily, to get medical help or to call an officer, provided you return as soon as possible. The law also requires you to exchange your name, address, driver's license number and vehicle registration number with the other drivers; however, this usually will be accomplished by the investigating officer, who will provide the parties with an "exchange" slip.

Assist the injured. If someone is seriously injured, immediately seek medical assistance. Do not move the injured person unless you know what you are doing. However, you may render reasonable medical assistance. North Carolina law provides that, unless the caregiver is guilty of wanton conduct or intentional wrongdoing, that person cannot be held liable for damages resulting from the effort to provide assistance.

How do I know if I need a personal injury attorney?

If you have sustained only minor injuries and if you are certain that your injuries will not get worse, and that you will make a complete recovery, you may not need a lawyer. However, if you are not certain of the extent of your injuries, if you have pre-existing conditions, or if your injuries prevent you from performing your normal duties, an experienced personal injury attorney may be crucial to you and your family. When you or a family member are the victim of a serious injury, you are often at your most vulnerable. Don't start your personal injury case at a disadvantage. An experienced personal injury attorney will be able to evaluate your case and advise you concerning your legal rights. It is important that you do not make a statement or give medical authorization to the opposing insurance company if you intend to consult an attorney. And remember, delay in contacting an attorney may be harmful to your case. The sooner you consult an attorney, the better the opportunity for a successful investigation and preservation of evidence for your case. Also, the Statute of Limitations requires that you file suit within a specific period of time, depending upon the circumstances of your case, in order to preserve your rights. In order to protect your legal rights and your family's future, you should consult with an experienced personal injury attorney as soon as possible after an injury occurs.

What do I do if an insurance company offers me a settlement?

Before accepting a settlement, it is in your best interest to consult with a personal injury attorney. Adjusters work for the insurance company - not for you - and their job is to settle the matter for the lowest possible expense to the company. An attorney's expertise is vital for accident victims when the insurance adjuster tries to settle the case. Because the full extent of many injuries may not be known for quite some time after the accident, an attorney can help you to evaluate your potential losses. It's devastating to sign away your rights and later discover that your injuries and losses were worse than you originally thought.

What is "Liability"?

The term "liability" generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. The negligent driver, physician, hospital, nursing home, manufacturer or seller of a product is responsible or "liable" to pay damages, including pain and suffering and financial losses, if these losses are caused by carelessness. Liability depends upon the duties imposed by law. An attorney will be able to analyze who may or may not be liable in a particular case.

What is "Contributory Negligence"?

The term "negligence" denotes the failure to act as a reasonable and prudent person would act under the same or similar circumstances. Simply stated, negligence is carelessness. Unfortunately, injuries can and do result because of the negligence or carelessness of one or more persons or entities. This sometimes includes the injured party. In such situations, North Carolina is one of four remaining states that continue to adhere to the doctrine of "contributory negligence". Under this doctrine, and with certain exceptions and defenses, if the injured party is also negligent, and if that negligence contributes to the cause of the injuries, the injured party may not be able to recover any part of its own losses and damages, notwithstanding that the negligence of the other parties may be greater than that of the injured party. This doctrine should be contrasted with the more modern and widespread doctrine of "comparative negligence" found in a majority of states. Under comparative negligence, the fault of all the parties is compared and the amount of the recovery for damages sustained by the injured party is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages they caused.

What if I've experienced the Wrongful Death of a loved one?

The unexpected death of a loved one is always tragic, especially if it was caused by the negligence of another. The loss of a husband, wife, parent, child or other family member is often devastating emotionally and financially to the entire family. If the death is caused by the negligence of others, the law may allow the family to recover monetary damages. Although monetary damages cannot replace the life of the beloved family member, such compensation is, in many instances, the only way to provide for the financial future of the family unit. Wrongful death lawsuits may also help unsafe companies and individuals act in a more responsible manner in the future, so that other such tragedies can be avoided. Medical, hospital and funeral expenses, along with reasonable compensation for the pain and suffering experienced by the deceased person prior to death may also be recovered in a wrongful death action as damages. Losses suffered by the family of the deceased person as a result of the death may also include the loss of the following: Financial support and services; gifts and other valuable gratuities; parental training and advice; and the love, companionship, society and consortium that the deceased family member can no longer provide to the survivors. Although the amount of money to be awarded for certain elements or damages cannot be proved in a precise dollar amount, the law leaves it to the jury's discretion to determine what should be awarded in monetary compensation. A lawyer can help determine and evaluate these losses and damages. North Carolina has a shorter Statute of Limitations for wrongful death than for ordinary personal injuries. Therefore, the family of the deceased should consult with a lawyer promptly to obtain advice.

What if I've been injured on the job (Workers' Compensation)?

An employee injured or killed in the course of his employment in North Carolina, by accident or occupational disease, will generally have certain rights available pursuant to the North Carolina Workers' Compensation statute. These rights include the right to reasonable and necessary medical treatment; to the payment of temporary disability benefits if the employee is unable to work while receiving medical treatment; and to the payment of total or partial permanent disability benefits or scheduled benefits in the event of a permanent physical injury or reduction in the ability to earn wages. There are certain time requirements within which the employee must notify the employer and the North Carolina Industrial Commission, or risk losing benefits. The Statute of Limitations is different in North Carolina for Workers' Compensation than it is for ordinary personal injuries caused by negligence. Additionally, an employee injured on the job may have both a Workers' Compensation claim for benefits, as well as a negligence claim for damages against the persons who caused the injury. Therefore, an injured employee should consult with an experienced attorney as soon as possible following the injury.

What about Medical, Hospital and Nursing Home Malpractice?

Malpractice is another way of saying "negligence". Medical errors occur, and victims are injured or killed due to negligence, despite the best intentions of the doctors and hospitals. When such negligence occurs, the law provides the injured victims and their families the right to obtain fair and just compensation for their damages. If you suspect that you or your family has been the victim of medical, hospital or nursing home malpractice, you should immediately consult with an experience personal injury attorney. The law is complex in this area, both as to questions of liability (i.e. who is at fault), causation (i.e. did the error cause the injury or death), and Statutes of Limitation. Further, the law in North Carolina provides that, prior to filing a lawsuit alleging medical malpractice, the case must first be reviewed by an appropriate medical expert who must be willing to testify that malpractice has occurred. Therefore, it is essential that an experienced attorney be consulted immediately following a medical injury or death, so that the medical records can be preserved and gathered, and so that the facts may be reviewed by the appropriate medical experts.

What if I've been injured by a defective product (Products Liability)?

Defective products, from automobiles to household appliances to prescription drugs, may and do cause serious injuries and death. The law provides the injured party with the right to seek reasonable compensation when injured by defective products. A products liability claim in North Carolina is essentially a "negligence" claim. North Carolina does not adhere to the doctrine of "strict liability" common in many other states. Further, the law is different and more complex in the area of products liability than it is for ordinary negligence. For instance, the Statute of Repose limits claims for defective products to injuries occurring within six years of the date of the product's first use for its intended purpose. Additionally, in order to prove that a product is defective, it is generally necessary to retain the services of appropriate expert witnesses to examine the product, determine whether it is defective, and to testify accordingly. Therefore, it is essential that, if you have been injured by a defective product, you immediately consult an experienced personal injury attorney, to preserve evidence and act in a timely manner.

What is the amount of compensation based upon?

Compensation for your injuries in a liability claim depends upon numerous factors: Physical and mental pain and suffering; the cost of your medical treatment to date and in the future; financial loss to date, and future lost opportunity and decreased earning potential; permanent injuries, impairment and/or disfigurement; and other factors.

The details of the case, the extent of your injuries, the effect of your injuries upon your work and personal activities, the amount and length of your medical treatment, and the outcome of similar cases all play a role in determining the amount awarded. An experienced personal injury attorney can help you evaluate your case as the facts become known.

The factors for compensation in a Workers' Compensation claim are different. For instance, pain and suffering is not an element of damages in a Workers' Compensation claim. See Workers' Compensation, above.

What will the legal process cost?

At The Law Offices of Richard Flexner, your initial consultation is free, and we earn a legal fee, based upon a percentage of your recovery, only when you win your case. This is called a "contingent" legal fee. The firm will often advance the out-of-pocket costs of preparing and prosecuting your case.

If I make a claim, will I have to spend a lot of time in court?

Many injury claims can be settled through negotiation, mediation or arbitration, without the client having to appear in court. However, some complex cases may require that you participate in legal proceedings. The Law Offices of Richard Flexner will always consult with the client prior to the institution of formal litigation.

What should I look for in an attorney?

The success of your case is based in part on the skill and experience of your personal injury attorney. Factors include education, legal skill and experience. The attorney you retain should have a proven record of winning cases similar to yours and should be willing to thoroughly explain his or her recommendations based upon the specific details of your case. Your attorney should also have extensive experience both settling cases through negotiation and trying cases in court. Another very important factor is for you to feel comfortable with your attorney, and confident that your interests will be a top priority of the law firm.

What if I can't afford medical care?

The Law Offices of Richard Flexner will assist you in finding prompt and affordable medical treatment for your injuries. We will work with your doctors to assure them that their medical bills for your reasonable and necessary medical treatment will be paid from the settlement of your case.

What about the property damage to my vehicle?

The Law Offices of Richard Flexner will assist you in obtaining compensation for the damage to your vehicle, and to obtain a rental vehicle while your vehicle is being repaired or replaced.

Full Service

The Law Offices of Richard Flexner treats each client as an individual. We handle each case as if we were the injured party. We believe that, as part of our representation, we should provide assistance in all matters related to the injury. That is why we help our clients locate appropriate medical care, and obtain the repair or replacement of their vehicle

Our Experience

The Law Offices of Richard Flexner has been helping injured people obtain fair compensation for their injuries for more than twenty-five years. We have handled cases involving serious injuries and wrongful death in all areas of personal injury, including automobile and trucking accidents, medical malpractice, products liability and Workers' Compensation. We have a hard-earned reputation for integrity, success, client satisfaction and client loyalty. Call us, we'll listen.

Client-Focused

The Law Offices of Richard Flexner takes a client-focused approach to personal injury law, offering representation that identifies and responds to client needs. The firm will take the time to listen to your concerns, and to explain your legal rights in clear language so that you understand the nature of your case, and the legal process involved. We have over twenty-five years experience in serious personal injury and wrongful death cases. We work hard to protect your rights, and we take pride in offering representation that is professional, results-oriented and responsive. We take the time to listen to our clients and respond to their needs, because a serious injury affects both the injured person and the entire family. Call us, we'll listen.