Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 01-08-2024

Case Style:

Keiwan Joseph v. BP Exploration & Production, Inc.

Case Number: 5:23-cv-00538

Judge: Terrence W. Boyle

Court: United States District Court for the Eastern District of North Carolina (Cumberland County)

Plaintiff's Attorney:



Click Here For The Best Fayetteville Personal Injury Lawyer Directory




Defendant's Attorney: Fayetteville, North Carolina insurance defense lawyer represented the Defendant.

Description: Fayetteville, North Carolina personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence
theory.

"Navigating personal injury negligence law in North Carolina can be intricate, so I've compiled a comprehensive overview to help you understand your rights and potential legal options.

Key Principles:

Duty of care: Everyone owes a duty of care to act reasonably and avoid foreseeable harm to others. This applies to various situations, including car accidents, slip and falls, and medical malpractice.
Breach of duty: For a successful claim, you must prove the other party breached their duty of care. This could involve actions like negligent driving, failing to maintain safe property, or providing improper medical care.
Proximate cause: The breach of duty must directly cause your injury. In simpler terms, your injury wouldn't have happened without the other party's negligence.
Damages: If you prove both breach of duty and proximate cause, you may be entitled to compensation for your losses, including:
Medical expenses
Lost wages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Property damage

Unique aspects of North Carolina law:

Contributory negligence: Unlike most states, North Carolina adheres to a strict contributory negligence rule. This means that even if you were 1% at fault for the accident, you cannot recover any compensation from the other party. This can significantly impact your case.
Statute of limitations: Generally, you have three years from the date of your injury to file a personal injury lawsuit in North Carolina. Failing to do so within this timeframe could bar your claim.

Additional factors to consider:

Insurance coverage: The at-fault party's insurance may play a role in determining the potential compensation you can receive.
Settlement negotiations: Many personal injury cases are settled outside of court through negotiations with the insurance company or the other party.
Legal representation: Consulting with an experienced personal injury attorney can be beneficial to understand your legal rights, investigate the accident, gather evidence, negotiate with insurance companies, and file a lawsuit if necessary."

Google Bard

Outcome: ORDER granting Motion to Consolidate Cases. Case No. 5:22-CV-75-BO-BM is designated as the lead case. All future filings, unless otherwise directed, shall be made in the lead case only. The caption on all future filings shall reflect that this is a consolidated action and identify both case numbers. The clerk is DIRECTED to file a copy of this order in case No. 5:23-CV-538-BO-BM and then to remove that case from the active docket. The clerk shall return that case to the active docket on order of the Court, including for purposes of the entry of judgment. Signed by District Judge Terrence W. Boyle on 1/5/2024. (Stouch, L.) (Entered: 01/08/2024)

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: