Civil Battery and Self-Defense Personal Injury Attorney

There are many types of “personal injury” cases and nearly all involve negligent, as opposed to intentional, conduct.  The main exception is a civil battery claim.  To prove a civil battery personal injury claim under North Carolina law, a plaintiff must establish that: (1) defendant intentionally caused a bodily contact with plaintiff; (2) the bodily […]

Release of All Claims and Covenant Not to Enforce Judgment

oxford automobile accident attorneys, picture of a smashed car

The standard automobile insurance policy in North Carolina contains many different kinds of insurance coverage.  Among those are liability coverage and underinsured motorist (UIM) coverage.  These insurance coverages provide different kinds of protection when someone is injured in an automobile accident.  Liability coverage protects you in the event that you cause a collision injuring another […]

“Special Damages” and Negotiating a North Carolina Personal Injury Claim

If you have been involved in an automobile accident in which the other driver was at-fault, you will soon be receiving a call or letter from his or her insurance company.  The insurance adjuster will likely apologize for the accident, ask how you are doing, and request that you forward medical documentation for his or […]

Negligent Entrustment of Guns | Raleigh Personal Injury Lawyers

The majority of personal injury lawsuits involve negligence, as opposed to any type of intentional conduct. This is not always the case, though, as serious injuries are sometimes the result of an assault. In these cases, including those involving guns or other weapons, the party committing the crime may be headed behind bars. For obvious […]

Enforceability of Arbitration Clauses

Companies employing skilled labor such as doctors, engineers, and architects frequently include arbitration clauses in their employment agreements. The benefit to the employer is that arbitration is typically less expensive and lengthy than the normal litigation process. It also allows the employer to have a say in who decides the outcome of the case. For […]

Sovereign Immunity under North Carolina Law

Just like corporations, governmental entities can be responsible for mistakes that cause serious personal injury, property damage, or financial loss. Regrettably, governmental entities in North Carolina are by default immune from damages for certain types of conduct. This means that even if you are injured or sustain serious financial loss due to the negligence of […]

North Carolina Punitive Damages Law

You are probably familiar with the phrase “punitive damages,” but you may not quite understand what it means and the types of cases where such damages are available. In North Carolina, the majority of controlling law is found in Chapter 1D of our General Statutes. The Raleigh civil litigation attorneys of Maginnis Law are familiar with the provisions […]

North Carolina Joint and Several Liability

An important facet of North Carolina tort law is “joint and several liability.” This rule entitles a Plaintiff to recover all of his or her damages from any one Defendant, even if there are additional Defendants who are also found liable for a single injury to the Plaintiff. Under Chapter 1B of the North Carolina […]

Obtaining Crash Report Following Automobile Accident

One of the first steps that you should take following a North Carolina automobile accident is to obtain a copy of the investigating officer’s Crash Report (DMV Form 349). The Crash Report provides basic facts about the drivers involved in the accident, their vehicles, and the nature of the collision. In many North Carolina cities […]