Current District Court Judges in Cumberland County

• All ten of Cumberland County’s District Court Judges, who are elected on a county-wide basis, are Democrats.
• Seven out of ten of our District Court Judges are women.
• Our District Court Judges, listed below, are elected to four-year terms:
  • Cheri Siler-Mack (term ends in 2026)
  • Rosalyn Hood (term ends in 2026)
  • Frances McDuffie (term ends in 2026)
  • Tracey Henderson (term ends in 2026)
  • David Hasty (term ends in 2026)
  • Cullen Jordan (term ends in 2028)
  • Lou Olivera (term ends in 2028)
  • Toni King (term ends in 2026)
  • Caitlin Evans (term ends in 2026)
  • Tiffany Whitfield (term ends in 2028)

District Court Judges hear misdemeanor criminal matters, traffic tickets, domestic and divorce cases, juvenile cases, and civil matters where the amount in controversy is less than $25,000, among other matters.

Current Superior Court Judges in Cumberland County

• District 12A – Stephen Stokes – Democrat (term ends in 2026)
• District 12B – Gale Adams – Democrat (term ends in 2028)
• District 12C – James “Jim” Ammons, Jr. – Unaffiliated (term ends in 2026)
• District 12C – George “Robby” Hicks – Republican (Term ends in 2030).

Superior Court Judges have “exclusive, original jurisdiction over all criminal actions not assigned to the district court.” They also hear civil matters with an amount in controversy exceeding $25,000, as well as other complex matters.

District Attorney and Other Offices

• Billy West, our long time District Attorney, whose office represents the State of North Carolina in criminal matters, is a Democrat.
• Andra Brewington, our Register of Deeds, is a Democrat.
• Lisa Scales, our Clerk of Superior Court, is a Democrat.
• Ennis Wright, our County Sheriff, is a Democrat. Sheriff Wright recently announced his retirement.

The Richardson Firm: Built to Serve Fayetteville’s Legal Needs

Attorneys Matt and Billy Richardson decided to stay in their hometown of Fayetteville, North Carolina, and they built a law firm to serve the needs of their community. They believe that every individual should have a right to a great attorney. If you have a legal problem in Fayetteville, they will do their best to help you.

In addition to founding the firm, Billy Richardson served multiple terms in the North Carolina House of Representatives.

Specifically, Matt and Billy Richardson and Patrick Anstead represent the citizens of Fayetteville and Southeastern, North Carolina in civil matters, including:

• Personal Injury
• Medical Malpractice
• Auto Accidents
• Wrongful Death
• Eminent Domain and Property Law
• Insurance Disputes
• Civil Rights Violations
  

Family Law and Divorce in Fayetteville

The Richardson Firm has maintained a family law and divorce practice in Fayetteville for several years, helping spouses and family members navigate the complex and intimidating system that governs domestic relations in the State of North Carolina.

In 2023, Attorney Melinda Flinn joined our law firm as a domestic attorney. Melinda has been practicing family law in Cumberland County for over twenty years, and she has gained a reputation as a steady and courageous advocate. She routinely appears in front of many of the District Court Judges who hear domestic cases. Specifically, she serves the residents of Fayetteville and Cumberland County in the following areas:

• Child custody and visitation
• Child support
• Alimony
• Equitable Distribution (Property and debt division)
• Divorce
• Annulment
• Separation agreements
• Contempt
• Termination of parental rights
• Adoption
• Collaborative Law
  • Melinda has trained and participated in the Collaborative Law aspect of family law as an alternative to litigation.

Fort Bragg Traffic Tickets and DWI

Residents of Fayetteville and Fort Bragg who are charged with a traffic offense on federal land will be ordered to appear to answer the charges in federal court. While there are numerous attorneys practicing traffic law in Fayetteville, there are few who are licensed to practice in Federal Court. Seeing this need, Attorney Patrick Anstead has developed a robust defense practice. Patrick routinely appears in federal court on behalf of military and non-military residents who receive traffic tickets and DUI/DWI charges on Fort Bragg.

Keep in mind, our firm can also assist you in county court for routine traffic offenses that occur outside of Fort Bragg. If you get a traffic ticket in Cumberland County, give us a call. We can often help.

Criminal Charges in Fayetteville

Attorney Patrick Anstead routinely represents individuals charged with traffic, misdemeanor, and felony offenses in District and Superior Court. If you are charged with a criminal offense, a conviction could have a lasting and detrimental impact on your future. Do not go unrepresented. Get an attorney with the experience and the knowledge of Fayetteville’s court system.

The Richardson Firm: Local Attorneys for Local Problems

If you live in Fayetteville or Cumberland County, and you’re in need of an attorney, call us at 910-488-5050. If we are not able to assist with your specific issue, we can use our knowledge of the Fayetteville area to get you pointed in the right direction.

• Old Minimal Liability Limits
  • $30,000 for injuries to one person in any one accident
  • $60,000 for injuries to more than one person in any one accident
• New Minimal Liability Limits
  • $50,000 for injuries to one person in any one accident
  • $100,000 for injuries to more than one person in any one accident

A Positive Change

As personal injury attorneys practicing in Fayetteville and Eastern, North Carolina, we see this law as a win for all drivers in North Carolina. If you’re severely injured in a car accident that wasn’t your fault, you need all the resources you can get to cover medical expenses and pay your damages. We’ve seen time and time again that $30,000 in liability coverage (which most drivers carry) is not enough. This law provides greater protection to all North Carolinians.

What About Uninsured Drivers?

Certain individuals will continue to break the law and operate a vehicle without liability insurance. If you’re hit by one of these uninsured drivers, you can file a claim with your own insurance company under your Uninsured Motorist Coverage (UM). Under the new law, your uninsured limits will now be $50,000 instead of $30,000, providing you with greater protection.

If you have a question about auto insurance, or you’ve been injured in a motor vehicle collision, call us today. The experienced attorneys at The Richardson Firm will be happy to provide you with a free consultation.

Southeastern North Carolina is not a safe place to drive. According to the North Carolina Department of Transportation, Cumberland and the surrounding counties of Robeson, Scotland, Hoke, Sampson, Harnett and Lee have some of the highest crash rankings in the state. Simply put, if you operate a motor vehicle in Fayetteville, you have a much higher chance of getting in wreck.

The chart below lists the crash data and rankings for the past four years. To formulate these rankings, the N.C. DOT uses “several factors including reported crashes, crash severity, crash rates based on population, registered vehicles and estimated vehicle miles traveled.”

This data impacts your car insurance rates each year. While you’re paying a higher premium than others in safer counties, many drivers around you still do not carry liability insurance required by law. If you’re hit by an uninsured driver, you may be forced to pursue your own coverage.

The Richardson Firm: Local Lawyers for Local Problems

As a result of these high crash rates, Fayetteville has been bombarded by legal advertising. Lawyers from across the state put up billboards, run television ads, and put their names on city buses in an attempt to cash in.

The Richardson Firm is a local law firm that has been in business, in Fayetteville, for over twenty years. We have dedicated personal injury attorneys that know the ins and outs of our local legal system. We live, work, and raise our families here. We’re experienced in a wide range of car accident cases, and we can help with any insurance dispute that may arise. If you’ve been charged with a traffic citation, we can help with that too.

You can read the case here: Chappell v. Webb

The deceased driver’s estate filed a wrongful death lawsuit against the drunk driver and the owner of the vehicle for negligent entrustment. The jury awarded the estate $40,000,000. This included compensatory and punitive damages against both defendants.

The Defendants argued on appeal that the Plaintiff’s counsel’s arguments were improper. In particular they didn’t like the attorney asking the jury to “speak loud” with their verdict. This is what the attorney said:

The size of your verdict is the volume with which you speak. A million dollars? That won’t carry out those doors back there. A few million dollars might be heard at the town limits, but if you want your voices to be heard in Raleigh, and Durham, and Oxford, and Smithfield, or across the state, or across the nation, you’re going to have to speak louder.

The jury spoke very loudly, sending a message that drunk driving would not be tolerated. The case made state-wide news. The verdict is a reminder that regular citizens can face extreme financial punishment in our civil court system if they act in a grossly negligent manner.

Here are two of the claims brought by the winning parties:

Wrongful Death In North Carolina

Claims of wrongful death in North Carolina are governed by statute:

§ 28A-18-2.  Death by wrongful act of another; recovery not assets.

(a) When the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured person had lived, have entitled the injured person to an action for damages therefor, the person or corporation that would have been so liable, and the personal representatives or collectors of the person or corporation that would have been so liable, shall be liable to an action for damages, to be brought by the personal representative or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amounts in law to a felony. 

Negligent Entrustment

Negligent entrustment claims arise from case law:

Negligent entrustment is established when the owner of an automobile entrusts its operation to a person whom he knows, or by the exercise of due care should have known, to be an incompetent or reckless driver, who is likely to cause injury to others in its use. Based on his own negligence, the owner is liable for any resulting injury or damage proximately caused by the borrower’s negligence. Tart v. Martin, 353 N.C. 252, 254, 540 S.E.2d 332, 334 (2000).

What It Means For You

Remember, if a person is killed by the negligent or wrongful act of another, then the deceased person’s estate can pursue a wrongful death claim against the at-fault party in civil court.

Moreover, if you loan your vehicle to a person who is intoxicated, or to a reckless driver, and they cause harm, then you can be liable for the damage, even if you never got behind the wheel.

If you’ve been in a motor vehicle collision, have a wrongful death claim, or if you’ve suffered personal injury and need legal assistance, the attorneys at The Richardson Firm in Fayetteville will be happy to help.

Who Really Pays the Bill?

A problem arises when the hospital refuses to file your balances with your health insurance carrier. If there is another source of payment available, like the liability insurance of the person who caused your injury, the hospital may decide not to file your health insurance and instead receive payment from the other source.

This frustrates most people, and unfortunately, as attorneys practicing personal injury law in Fayetteville, we see it often. It is especially common in motor vehicle collisions, where hospitals will seek payment from the liability coverage of the at-fault driver or even the Med Pay, Uninsured, or Underinsured motorist coverage of your auto policy. The end result: it can be months, even years, before your hospital bills are paid. To make matters worse, if you have a personal injury claim, the hospital will put a lien on any money you receive in a settlement or judgment.

Follow the Money

Why wouldn’t a hospital simply file your health insurance instead of waiting? The answer is simple: the hospital often gets paid more money by not filing. Most health insurance companies have contracted rates with medical providers. This means the health insurance carrier only has to pay a percentage of your total bill. The remainder is often “written off.” Look at any medical bill your health insurance paid in the past, and you will see these “adjustments” in the margins.

By seeking payment from a 3rd party source like liability insurance, the hospital can be reimbursed for your entire bill, not the lesser percentage it would receive by filing your bill with your health insurance. It’s a money game, and injured victims are caught in the middle!

Is this legal?

Unfortunately, North Carolina courts have held that hospitals can choose not to file your health insurance. It’s their choice. In addition, the hospital can put a lien on any money you receive for your injuries from another source (typically the at-fault party’s insurance). This is all well and good until you begin to deal with the liability insurance company. There you may find that a settlement offer isn’t large enough to pay your hospital bill and compensate you for other damages like pain and suffering or lost wages.

What it Means for You

This article only touches on one of many issues that arise in our complex game of medical billing in personal injury claims. If you’ve stumbled on this post, you probably have additional questions that relate to your particular case. Our attorneys will be happy to provide you with a free consultation to see if we can help.

According to the court’s opinion, the Plaintiff and his golfing buddies drank a substantial amount of moonshine and beer during a round of golf on a course in Wilson County. After their round ended, some of the men decided to go hit some balls on the driving range. The Plaintiff parked his golf cart in a parking lot near the range while his buddies went to off to hit balls. His cart was parked about 60-70 yards from the tee boxes. A mesh fence ran alongside the parking lot, but the Plaintiff parked beyond the fence’s protection. As he sat in the cart, he began texting his wife on his cell phone.

You can probably guess what happened. One golfer struck a ball and hit the Plaintiff in his eye, causing alleged blindness. The Plaintiff sued the other golfer.

Contributory Negligence Bars Recovery in North Carolina

The North Carolina Court of Appeals ruled that the injured golfer could not recover damages for his injuries. He was barred by the defense of contributory negligence. The court laid out the two-part standard for the defense in North Carolina:

• a want of due care on the part of the plaintiff; and
• a proximate connection between the plaintiff’s negligence and the injury

They court found that the golfer’s “lack of situational awareness — due at least in part to his intoxication and the distraction from his cell phone — constituted plaintiff’s failure to exercise ordinary care.”

It certainly didn’t help that the golfer was inebriated. Would the court’s decision have been different if he was sober?

When It’s Not Clear-Cut

As attorneys representing injured parties in North Carolina, we face the defense of contributory negligence on a daily basis. This is especially true in premises liability and car accident cases, where injured parties are accused by defense attorneys and insurance adjusters of failing to use ordinary care and causing their own injuries.

Claims of contributory negligence are sometimes far-fetched, but they can stop an injury claim dead in its tracks and should be taken seriously. If you or someone you know has suffered personal injury and are facing claims of contributory negligence by the other side, you should seek the help of an experienced North Carolina attorney immediately.

Pre-Existing Conditions Can Cause Complications

Here’s an example to illustrate the issue: Imagine you had a herniated disk in your back. You received medical treatment for it in the past, but you never had surgery. You’ve had a nagging pain in your back for a few years, but it was something you learned to deal with. Now you’ve been in an auto accident that was someone else’s fault. The same disk in your back is now causing you severe pain, and you have gone back to your doctor and received treatment for the disk. Can you recover medical expenses and pain and suffering for your injured disk?

The Ultimate Issue: What Caused the Injury?

North Carolina law allows you to recover all damages that were “naturally and proximately” caused by the negligence of the tortfeasor. You can recover damages related to a health condition you already had, as long as you prove that the condition was activated, aggravated or made worse in a natural and foreseeable way. This is often achieved through the testimony of medical experts and treating physicians.

In the hypothetical scenario above, we would have to show that the disk in your back was aggravated (injured or made worse) in the traffic accident in order to recover damages related to your back. We would look at medical imaging to see any changes before and after the accident, and we would seek the opinion of medical professionals to prove that the condition in your back worsened as a result of the auto accident.

Medical Records and Insurance Companies

Insurance carriers and defense attorneys will comb through all of your medical history in an effort to avoid paying the full value of your claim. They will look to any evidence of a pre-existing health issue in an attempt to water down your damages. They will often claim that old-age, wear and tear, or some other mechanism caused a physical injury. It creates a significant challenge for any Plaintiff with a history of health problems.

However, a good lawyer can hold their feet to the fire. The personal injury attorneys at The Richardson Firm have decades of experience dealing with these issues. We have the resources, knowledge, and skill required to prove the truth, and we’ll fight for you every step of the way.

Several special rules apply in medical malpractice cases. These rules are the result of aggressive lobbying campaigns in the North Carolina General Assembly by physicians and their insurance companies.

N.C. Rule 9(j): An Expensive Hurdle Before the Race Begins

Medical malpractice. – Any complaint alleging medical malpractice by a health care provider pursuant to G.S. 90-21.11(2)a. in failing to comply with the applicable standard of care under G.S. 90-21.12 shall be dismissed unless:

(1)        The pleading specifically asserts that the medical care and all medical records pertaining to the alleged negligence that are available to the plaintiff after reasonable inquiry have been reviewed by a person who is reasonably expected to qualify as an expert witness under Rule 702 of the Rules of Evidence and who is willing to testify that the medical care did not comply with the applicable standard of care;

(2)        The pleading specifically asserts that the medical care and all medical records pertaining to the alleged negligence that are available to the plaintiff after reasonable inquiry have been reviewed by a person that the complainant will seek to have qualified as an expert witness by motion under Rule 702(e) of the Rules of Evidence and who is willing to testify that the medical care did not comply with the applicable standard of care, and the motion is filed with the complaint; or

(3)        The pleading alleges facts establishing negligence under the existing common-law doctrine of res ipsa loquitur.

Rule 9(j) was passed in 1995. It presents several challenges for anyone looking to pursue a medical malpractice claim in North Carolina.

Obtaining “ALL” Relevant Medical Records and Expert Review

Before a medical malpractice claim can be filed, all the Plaintiff’s medical records must be obtained and reviewed by an expert in the same field as the defendant medical provider.

Rule 702 adds additional requirements for specialists.

Fulfilling these requirements takes time and money. Obtaining medical records can take months, especially when dealing with government health care providers. Expert witnesses typically charge by the hour to review the records and provide an opinion about the standard of care provided to the Plaintiff.

The result: several months of time can pass and thousands of dollars can be spent before a malpractice action is filed. This financial hurdle is enough to wash out smaller malpractice claims, giving health care providers a “free pass” for small mistakes.

The Limit on Damages: A Smaller Trophy When the Race is Won

The North Carolina General Assembly passed additional protections for health care providers in the form of a cap on “noneconomic damages.” The current cap, as of January 1, 2023, is $656,730.

Non-economic damages include pain and suffering and lost enjoyment of life. No matter how much pain you have suffered and how much a physician’s negligence has ruined your life, your damages are capped.

There is one exception:

(1) The plaintiff suffered disfigurement, loss of use of part of the body,
permanent injury or death.
(2) The defendant’s acts or failures, which are the proximate cause of the
plaintiff’s injuries, were committed in reckless disregard of the rights of
others, grossly negligent, fraudulent, intentional or with malice.

It is extremely difficult to prove that a physician acted in a grossly negligent manner. The cap has only been “busted” in a few select cases in North Carolina since its inception.

Overcoming The Special Treatment

The protections outlined above present hurdles for any victim of medical malpractice in North Carolina. However, it is still possible to obtain justice if the right attorney is sought.

Attorneys Matt and Billy Richardson pursue medical malpractice claims for their clients in spite of these protections. If you’ve been injured by the negligence of a medical provider, call or contact us to set up a free consultation. We will provide you with an honest assessment of your case, and we will fight for every bit of compensation available.

Our court system in Cumberland County is a reflection of our community. Our bench is one of the most diverse in the state. 6 out of 10 of our District Court judges are women. The vast majority of our judges are registered Democrats. Superior Court Judge, Robby Hicks, is the lone Republican on the bench.

Here is a list of Cumberland County’s current, elected judges:

CURRENT CUMBERLAND COUNTY DISTRICT COURT JUDGES

Cheri Siler-Mack – Democrat (Term Ends: 2026)
Rosalyn Hood – Democrat (Term Ends: 2026)
Frances McDuffie – Democrat (Term Ends: 2026)
Stephen Stokes – Democrat (Term Ends: 2026)
David Hasty – Democrat (Term Ends: 2026)
Cullen Jordan – Democrat (Term Ends: 2024)
Lou Olivera – Democrat (Term Ends: 2024)
Toni S. King – Democrat (Term Ends: 2026)
Caitlin Evans – Democrat (Term Ends: 2026)
Tiffany Whitfield – Democrat (Term Ends: 2024)

CURRENT CUMBERLAND COUNTY SUPERIOR COURT JUDGES

Our Superior Court District (District 12) has four judges.

DISTRICT 12A – Claire Hill – Democrat – (Term Ends: 2026)
DISTRICT 12B – Gale Adams – Democrat – (Term Ends: 2028)
DISTRICT 12C – James Floyd “Jim” Ammons, Jr. – Unaffiliated – (Term Ends: 2026)
DISTRICT 12C – George (Robby) Hicks – Republican – (Term Ends: 2030)

Fayetteville and Fort Liberty: A Unique Legal Community

Unlike other southern towns of our size, Fayetteville has a transient population of military members and their families. Many of these individuals come when they are stationed at Fort Liberty and leave when their term of service has ended.

Fayetteville also has its share of large industry. Kelly Springfield (a Goodyear tire factory) has been around for decades and employed thousands of people, including my grandfather.

The Democratic Party has gained a stronghold on local politics. Our Mayor and a majority of our City Council are Democrats. However, like most southern towns, there is a wealthy element of blue-blood types that keep the country clubs in business. This pocket of Fayetteville is increasingly conservative.

This complexity presents a unique problem for an attorney looking to practice in Fayetteville. You can find a niche and specialize, or you can grow and attempt to serve everyone. At The Richardson Firm, we chose the latter.

The Richardson Firm: A Law Firm Built to Serve Fayetteville

Attorneys Matt and Billy Richardson have spent their entire legal careers in Fayetteville. They are active in their community, both professionally and politically. Billy Richardson served multiple terms in the North Carolina House of Representatives. In his spare time, Matt Richardson blogs about Fayetteville and North Carolina politics on his website: crosscreekdivide.com.

Matt and Billy Richardson have constructed a law firm to serve the needs of regular people in Fayetteville. They believe that every person should have a right to a good attorney, no matter their circumstances. Specifically, Matt and Billy Richardson represent the citizens of Fayetteville and Southeastern, North Carolina in civil matters, including:

• Personal Injury
• Medical Malpractice
• Auto Accidents
• Wrongful Death
• Eminent Domain and Property Law
• Insurance Disputes
  

Military Law

Attorney Kris Poppe joined The Richardson Firm as a partner in 2016 after nearly 35 years of military service, including over 20 years as an Army Judge Advocate.

Kris is able to assist with the specific legal needs of service members at Fort Liberty and other North Carolina bases, while also representing both military and non-military residents who have been charged with serious criminal offenses. Kris can assist in the following areas:

• Criminal Defense
  • Homicide
  • White Collar
  • Sexual Assault
  • Drug Offenses
• Federal Court Charges
• Court-Marital Defense
• Military Courts of Appeals
• Administrative Separation
• Officer Elimination
• Inspector General Investigations
• Board for Correction of Military Records
• Memorandum of Reprimands
• Non-Judicial Punishment Proceedings

Family Law and Divorce

The Richardson Firm has maintained a family law and divorce practice for several years. In 2023, Attorney Melinda Flinn joined the firm. Melinda has been practicing family law in Cumberland County for over twenty years, and she has gained a reputation as a steady and courageous advocate. She serves the residents of Fayetteville in the following areas:

• Child custody and visitation
• Child support
• Alimony
• Equitable Distribution (Property and debt division)
• Divorce
• Annulment
• Separation agreements
• Contempt
• Termination of parental rights
• Adoption
• Collaborative Law
  • Melinda has trained and participated in the Collaborative Law aspect of family law as an alternative to litigation.

Fort Liberty Traffic Tickets and DWI

Residents of Fayetteville and Fort Liberty who are charged with a traffic offense will be ordered to appear to answer the charges in federal court. While there are numerous attorneys practicing traffic law in Fayetteville, there are few who are licensed to practice in Federal Court. Seeing this need, Attorney Patrick Anstead has developed a robust defense practice. Patrick routinely appears in federal court on behalf of military and non-military residents who receive traffic tickets and DUI/DWI charges on Fort Liberty.

The Richardson Firm: Dialed Into Fayetteville’s Needs

If you live in Fayetteville or Cumberland County, and you’re in need of an attorney, give us a call at 910-488-5050. If we are not able to assist with your specific issue, we can use the contacts we have developed over the years to get you pointed in the right direction.

As an attorney practicing personal injury law in Fayetteville, North Carolina, my answer to this question will vary based on several factors:

Insurance: Who’s Writing the Check?

Due to complicated laws surrounding judgments and execution in North Carolina, obtaining money from an uninsured party can be like squeezing blood from a turnip. If the party is a massive corporation, like Walmart, Inc., then payment is not an issue. However, if you’re injured by a lower or middle-class person without insurance, or a corporation without many assets, you could wind up wasting a great deal of time and money for very little return.

If our clients were injured in a motor vehicle collision, we often look to uninsured (UM) or underinsured (UIM) motorist coverage for recovery. However, in other sorts of injury cases, where there is no statutory framework to protect innocent parties, we face significant challenges.

Getting The Insurance Policy

Car Accident Cases

In car accident cases, we’ll make an attempt to ask the auto insurance company for the policy limits. If they refuse, we are not out of luck. A North Carolina law (N.C.G.S. 58-3-33) requires the insurance company of an at-fault party to disclose the policy limits if the injured party agrees to the following:

• The person seeking the information submits to the insurer the person’s written consent to all of the person’s medical providers to release to the insurer the person’s medical records for the three years prior to the date on which the claim arose, as well as all medical records pertaining to the claimed injury.

• The person seeking the information submits to the insurer the person’s written consent to participate in mediation of the person’s claim under G.S. 7A‑38.3A.

• The person seeking the information submits to the insurer a copy of the accident report required under G.S. 20‑166.1 and a description of the events at issue with sufficient particularity to permit the insurer to make an initial determination of the potential liability of its insured.

Other Injury Cases

In non-automotive cases, at fault parties are not required to disclose their insurance information prior to a lawsuit being filed. Once a lawsuit is filed, we can request this information using formal discovery, specifically, under Rule 26 of the North Carolina Rules of Civil Procedure.

But what if we want to find out the insurance coverage prior to filing a lawsuit that could take months or even years to resolve? That is where the tactical skills of an experienced attorney can help. Every situation is different, but a good lawyer can often get the insurance information through negotiations with the other side.

Damages: What Does it Cost to Make You Whole?

Once we have decided that there is money available to recover, we turn to the issue of damages. The purpose of a civil action in tort is to make the wronged person “whole.” There is no way to waive a magic wand and heal your injuries, so the law attempts to quantify your loss in dollars. There are two types of damages we attempt to recover for our clients: economic and noneconomic.

Economic Damages: The Hard Numbers

Economic damages are easy to quantify. They represent specific amounts of money you were forced to spend, or money that you lost as a result of your injury. Some examples are:

• Medical Bills
• Lost Wages (Missing Work Due to Injury or Treatment)
• Loss of Earning Capacity
• Transportation Costs
• The Cost of Future Medical Care

Noneconomic Damages: The Grey Area

Noneconomic damages are more difficult to quantify. These damages are awarded by a jury based on your particular circumstances. Some include:

• Pain and Suffering
• Loss of Enjoyment of Life
• Mental Anguish

Proving these types of damages requires the skill of an experienced attorney. We often use testimony from friends, relatives, or health care professionals to illustrate the impact of an injury on our client’s daily life.

Noneconomic damages are capped by North Carolina law in medical malpractice cases. The amount of the cap is adjusted each year. The current cap is $656,730.

Medical Liens: Who Else Gets Paid?

One of the first steps we take in any injury case is to ask for our client’s health insurance information. Most health care plans have subrogation rights. This means that the health insurance company has a right to be paid back any amounts they paid to your medical providers for treatment related to your injury claim.

Here’s where it gets tricky: the rules are different for every plan.

Many health care plans falling under federal law (Medicare, Tricare, ERISA) require that we pay them back in full. Other plans falling under North Carolina law have caps. These plans can only take 50% of the total settlement, after attorney fees are deducted.

Negotiating The Lien Amount

Medical liens must be paid. If they are not paid, you could lose your health care coverage. However, we often have success negotiating the lien amount with the health insurance company. Any reduction we are able to obtain means more money in your pocket at the end of your case.

The Final Calculation

You have seen that it is not easy to calculate the value of an injury case until a great deal of work has been done by your attorney. Forgetting about insurance, unclaimed damages, and hefty medical liens can reduce the amount of money you receive at the end. Ultimately, the value of your case depends on your specific situation and the skill of your attorney.

If you’ve been injured or have questions about our legal services, please give us a call. We will be happy to evaluate your case, free of charge.

Who’s At-Fault?

I have litigated car accident cases for over a decade, and in my experience, the parts of the DMV form that cause the most heartache for my clients are the officer’s sketch illustrating the collision and the officer’s narrative about how the accident occurred. In short, clients often disagree with the officer’s conclusions about how the wreck happened and who was at fault.

North Carolina Courts have held that even though a law enforcement officer didn’t witness a collision, his/her accident report can be admitted into evidence in a civil case as an exception to the hearsay rule:

“Under N.C. Gen. Stat. § 8C-1, Rule 803(6) (1986) of the N.C. Rules of Evidence, “Records of Regularly Conducted Activity,” highway accident reports may be admissible, as a business records exception to the hearsay rule. To be admissible such reports must be authenticated by their writer, prepared at or near the time of the act(s) reported, by or from information transmitted by a person with knowledge of the act(s), kept in the course of a regularly conducted business activity, with such being a regular practice of that business activity unless the circumstances surrounding the report indicate a lack of trustworthiness. Fisher v. Thompson, 50 N.C. App. 724, 275 S.E. 2d 507 (1981). Such reports may also be admissible as “official” reports under Rule 803(8), “Public Records and Reports,” if properly authenticated.”
Wentz v. Unifi, Inc., 89 N.C. App. 33, 39-40, 365 S.E.2d 198, 201 (1988).

What If the Officer Got it Wrong?

Police officers are human beings and make mistakes, and their reports are only as good as the information they receive from individuals at the scene of the collision. Often times, people make misleading statements to police officers to avoid civil or criminal liability. This leads to bad reports.

It’s important to note that the officer’s report is not the “be all end all” of the matter. It is simply one piece of evidence. If you’ve been in a motor vehicle collision that was not your fault, but the accident report says you were at fault, it is extremely important to talk to an attorney. When presented with new evidence, the officers will often amend their reports. If the officer is being stubborn, you can still proceed with a civil claim against the other driver if you have evidence to support it.

If you have an accident report in your hand, and you’re having trouble deciphering the numbers on it and what they mean, click the green “Download” button at the bottom of the page for a Code Sheet from the DMV. It will help.

In North Carolina, every driver of a motor vehicle is required to have liability insurance. This insurance covers:

• Injuries caused to another person ($30,000)
• Damage caused to property ($25,000)

These are the minimal limits required by law. If you are caught driving without this insurance coverage, you could receive a citation.

However, as attorneys practicing personal injury law in North Carolina, we often meet clients who have been in a motor vehicle collision with someone who does not follow the law and has no insurance. Either the insurance has lapsed, the person never bought it, or the insurance company finds an exclusion in the policy to deny the claim. It happens more than you might imagine. According to recent statistics, 7.4% of all North Carolina drivers have no liability insurance. If you live in a less affluent county, the number is most likely higher.

If you are in a motor vehicle accident that is not your fault, and the person who is at fault has no insurance, then you have what we call an “Uninsured Motorist” claim.

The good news is that all auto policies in North Carolina are required to have uninsured motorist coverage, so as long as you are covered under an auto policy, you will have a way to obtain compensation for your damages. You can file an “uninsured motorist” claim with your own insurance company, and your company will be responsible for your damages up to the policy limits.

Speaking of policy limits, we always encourage our clients to talk to their insurance company and obtain more than the required North Carolina minimum. If you suffer any kind of serious injury, $30,000 may not be enough to compensate you or even cover your medical expenses. If you increase your limits, you will pay a little bit more in premiums each month, but it will be worth it if you ever need to file a claim.

If you’ve been involved in a motor vehicle collision, you’ve received a ticket for driving without insurance, or you have questions about insurance coverage, give us a call at 910-488-5050. Our attorneys will provide you a free consultation.

According to the National Institute of Health (NIH) more than 250,000 people die each year due to medical mistakes. This means that medical errors are the third leading cause of death in the United States – ranking only behind cancer and heart disease.

The attorneys at The Richardson Firm are familiar with medical practice laws and are here to explain a few common types of medical malpractice lawsuits.

Failure to make the correct diagnosis, birth injuries, and medication errors are three common types of medical malpractice lawsuits.

FAILURE TO MAKE THE CORRECT DIAGNOSIS

Although many doctors are extremely hardworking and competent, a medical error and a medical malpractice lawsuit may occur if a doctor makes a wrong or delayed diagnosis because he/she failed to notice something that another doctor working under similar conditions would have taken into account.

According to one study in the U.S., approximately 1 out of 20 patients are misdiagnosed. To make it worse, in about 50 percent of the cases, the misdiagnosis had the potential to result in severe harm.

BIRTH INJURIES

Birth injuries happen most often during labor and delivery. Every year in the U.S. approximately just under 30,000 babies are born with some form of birth injury. This means that a baby is born with a birth injury every 20 minutes. In many instances, the injuries are broken bones or damaged nerves.

MEDICATION ERRORS

According to NIH, approximately 1.5 million people are injured every year in the United States as a result of medication errors.

Medication errors can happen in several ways. In some cases, the patient is simply given the wrong medication. A patient can be given the wrong prescription by a doctor or pharmacist. Dosage mistakes are another common form of medication error. A nurse may give the patient more or less of a drug than required. Hospital equipment can also cause errors. If a patient is being given a drug through a pump and the equipment malfunctions, a dosage mistake can occur.

Age is another factor that can play a role in medication errors. Almost half of the fatal medication errors noted have occurred in people over the age of 60. This could be because older people are often on more medications than younger people.

CONTACT US

If you suspect you are a victim of medical malpractice, contact one of our professional malpractice lawyers in Fayetteville to schedule your consultation to discuss your situation. You may also contact us online.

Call us at 910-488-5050 to schedule a consultation with one of our attorneys. Most consultations are free.

There is often confusion about if receiving a traffic violation on a military installation is serious or not. It is! Traffic tickets on North Carolina military bases like Fort Liberty and Camp Lejune are enforced by federal law. The military police of Fort Bragg and Camp Lejune issue hundreds of citations every year. If you’re charged with a traffic offense or other crime on a federal installation, you will be given a court date in federal court, and it is important to seek a dedicated defense attorney to represent you and fight for your rights.

Whether you’re a service member or a civilian who has received a traffic ticket on post, you will need an attorney that can represent you in federal court. The Richardson Firm has multiple attorneys who can assist you with federal tickets. In some cases, you can waive your appearance in federal court by hiring The Richardson Firm to represent you.

COMMON FEDERAL TRAFFIC OR IMPAIRED DRIVING CHARGES

Some of the most common federal traffic violations include:

• Speeding
• Unsafe lane changes
• Driving wrong way on a one-way road
• Failing to stop at a stop sign or red light
• Reckless driving
• DWI/DUI
• Following too closely
• Failure to maintain lane control

The attorneys at The Richardson Firm can appear in court on your behalf, allowing you to continue your normal life without the hassle of spending a day in a courtroom.

UNDERSTANDING FEDERAL VIOLATIONS

On-post traffic tickets affect everyone who drives onto a military installation including service members and visitors. Since many people are not familiar with how military traffic violations are treated, legal help is highly recommended. Outside of the military installation, traffic laws are treated the same as anywhere in NC. However, the moment you enter federal land, it is imperative to follow the law or be prepared to face federal legal consequences. All the laws, including traffic rules, are enforced by the federal government once you’re on a military base.

WHAT TO DO IF YOU ARE SUMMONED TO APPEAR IN FEDERAL COURT

It can be confusing to be told to appear in federal court for something as trivial as a traffic ticket; however, it is important to prepare yourself with the best defense. Upon arrival at federal court, an Army Judge Advocate will prosecute you for a violation of federal law and a federal judge will oversee your case. It is important that you prepare for this hearing and have an experienced on-post traffic ticket lawyer with you at the time.

OBTAINING A LIMITED DRIVING PRIVILEGE IN NORTH CAROLINA

If you have received a violation for DWI/DUI, you may face losing your license. In some cases, you may be eligible to obtain limited driving privileges. Limited driving privilege in North Carolina can be granted for essential purposes such as employment, maintenance of your household, education, court-ordered treatment or assessment, community service ordered as a condition of probation, emergency medical care, and religious worship.

North Carolina law is specific about when and how the privileges are granted. It is best to hire an experienced attorney from The Richardson Firm to help navigate your situation.

STEPS –

Submit a DL-123 form from your insurance company. Your insurance agent can email or fax this to you or your attorney. This form expires in 30 days.

Complete an alcohol assessment, or DWI class. There is usually a fee to pay to the course provider.

Get an interlock device if needed.

You or your attorney will need to prepare the appropriate form from the NC Judicial Branch website to file in the court where you were charged.

If you need to work outside of standard business hours (Monday through Friday 6:00 AM – 8:00 PM), you will need to get a letter from your employer or provide other documents to show why you need to drive for work outside of those hours.

File the document with the clerk of court and pay the $100 fee.

Paying a fine does not make a traffic violation go away. In fact, uncontested traffic charges can impact you and your record for years. An increase in points against your driver’s license or insurance policy means you could be at risk for a license suspensiYou on or higher insurance premiums. Do not ignore your ticket. Speak with an attorney first.

Call us at 910-488-5050 to schedule a consultation with one of our attorneys.

The attorneys at The Richardson Firm have assisted victims of automobile collisions across North Carolina for decades. If you’re in a collision, here are some practical tips that will help:

Pull Over – If you were involved in a car crash that includes damage, personal injury, or death, North Carolina requires by law that you stop your vehicle by pulling over to the side of the road. You may temporarily leave the scene of the crash to get medical help or call a police officer; otherwise, you must remain at the scene of the crash until a police officer completes an investigation or authorizes you to leave.

Call Law Enforcement – Drivers involved in car accidents that cause property damage, personal injury, or death are required to notify the local law enforcement by the quickest means possible.

Assist Anyone Who Is Injured – Check to see if anyone involved in the crash was injured and, if someone was seriously hurt, immediately call for medical assistance.

Statements About the Accident – It is required that you provide your name, address, driver’s license number, and vehicle registration number to the driver and occupants of other vehicles involved in the crash. It is also important to cooperate with law enforcement by providing basic facts. Most importantly, you are not required to admit fault, and no one can require you to give an opinion as to the cause of the accident.

Exchange Information – Just as you are required to provide your name, address, driver’s license number, and vehicle registration number to the driver and occupants, you should request the same information from other people involved in the car accident. We suggest that you ask to see the other driver’s license. It is also advised that all parties to the car crash exchange insurance information; however, it is not required by law.

Witnesses – Try to obtain the name, telephone number, and address of any witnesses to the accident.

Take Notes – Complete an accident information sheet which you can obtain from the police at the scene of the crash. Additionally, try to take your own notes about the collision. Use your phone camera to document as many pictures as you can of the other car, the scene, and your car.

Seek Medical Attention – Even if you do not think you were seriously injured, it’s a good idea to see a doctor. Many times injuries do not show symptoms until hours or even days after the accident.

Notify Insurance Companies – Report the accident to your insurance company, and ask about medical payments coverage. If the at-fault driver’s insurance has not taken care of the property damage, you can ask your insurance company to pay for it and seek reimbursement from the at-fault driver’s insurance company.

Keep Records Related to the Accident – Continue to keep notes about the accident, like your injuries, medical symptoms, medical and rental car expenses, and any out of pocket expenses you incurred as a result of the accident.

REMEMBER TIME LIMITS APPLY
Strict time limits apply to claims for personal injuries. The North Carolina statute of limitations for personal injury claims is 3 years. If you have not filed a lawsuit within 3 years after the date the injuries were caused, it is likely that you will be unable to proceed with your claim.

FIGHTING YOUR TRAFFIC OFFENSE
If you were charged with a traffic offense in an accident, you may still have a personal injury claim. It is important to speak with an attorney to assist with your traffic charges in criminal court as well as an attorney to assist with your injury claim. At The Richardson Firm, we have both civil and criminal attorneys who will team up to help you achieve the best outcome.

If you were injured in a car accident, contact the experienced personal injury attorneys at The Richardson Firm today to schedule a free initial consultation. Our attorneys will work tirelessly to obtain the best possible outcome for you. In the courtroom, there is no replacement for experience. Call us at 910-488-5050 to schedule a consultation with one of our attorneys.

COMMON TRAFFIC OFFENSES

You can receive a ticket for a moving or nonmoving violation of North Carolina’s traffic laws.

Some of the most serious offenses include:

Speeding – In North Carolina, it is a violation of the law to drive at a speed exceeding what a reasonably prudent person would drive at given the current situation. In addition, North Carolina has an “absolute” speed limit law, which means that you could be guilty of speeding by going even one mile over the posted speed limit.

You could face a fine of between $100 and $1,000, jail time for a maximum of 60 days, and have your driver’s license suspended for up to one year.

Speeding can also add three points to your driving record.

Reckless driving – Reckless driving is “carelessly or heedlessly in a willful or wanton disregard of the rights or safety of others” or driving at a speed that could endanger other people or property. In addition, if you are caught driving at least 15 mph over the speed limit that is less than 55 mph, you could be charged with reckless driving. As the speed limit increases, you risk a reckless driving offense for going at a much lesser speed over the posted speed limit.

A conviction would be a Class 2 misdemeanor, which would mean that you would have a permanent criminal record.

The penalties could include up to 60 days in jail, a fine not to exceed $1,000, and four points on your driving record.

Hit and run driver – If you fail to stop at the scene of an accident — it is illegal. You can be charged with many different offenses, such as failing to contact the police, failing to provide information, failing to stop, and failing to provide assistance.

You could face a misdemeanor or felony conviction. Penalties could include a jail or prison sentence, fines—potentially large for a felony conviction—and 4 to 12 points on your driving record.

Driving on a suspended or revoked license – It is a serious offense to continue driving when your license has been revoked or suspended. You could be convicted of a misdemeanor with a possible jail sentence up to 120 days.

In addition, your driver’s license could be suspended for one or more years or even permanently depending on how many times you have been convicted of this offense.

Some of the more common, less serious offenses, include:

• Driving without a valid registration
• Making an illegal U-turn
• Running a red light or a stop sign
• Violating North Carolina’s seat belt or child restraint laws
• Failing to have required liability insurance
• Failing to yield
• Following too closely
• Speeding in a school zone or work zones
• Failing to stop for a stopped school bus
• Improperly passing, turning, or backing up

Once you are convicted of a traffic offense, the court notifies the North Carolina Department of Transportation so that points are added onto your driving record. Depending on how many insurance points you have, your vehicle insurance premiums can increase between 25 percent and 400 percent.

FIGHTING YOUR TRAFFIC OFFENSE

It is not in the best interest to simply pay a traffic ticket due to the potential severe consequences. It is important to remember that there are penalties and long-term consequences affecting driving privileges, criminal record, and insurance rates. It is important to first consult with an experienced traffic law attorney.

At The Richardson Firm, we can explain your possible outcomes to you, investigate your ticket or other offense, and help you to avoid the negative consequences you face. Our attorneys will work tirelessly to obtain the best possible outcome for you. We appear in both state and federal court (Fort Liberty). In the courtroom, there is no replacement for experience. Call us at 910-488-5050 to schedule a free consultation with one of our attorneys.

It is important to understand the process and how workers’ compensation works as it can be overwhelming. If you have been hurt on the job you may not know exactly what workers’ compensation benefits you may be entitled to. Speaking with a licensed attorney is always going to be your best option to help you understand your rights, and our team at The Richardson Firm is well versed in worker’s compensation cases.

MOST COMMON WORK RELATED INJURIES

In many industries, such as trucking, construction, manufacturing, and nursing, workers put their bodies in compromising positions. These are physically demanding and often dangerous jobs. Training and safety equipment prevent many work-related injuries but do not stop them all from happening all together.

Your body can suffer an injury if you work for many years in a physically demanding job or from an on-the-job accident. There are some types of work injuries that are more common.

Burns – Work related burns can come from flames, chemical exposure or sustained heat.

Musculoskeletal injuries – Musculoskeletal injuries result from lifting heavy objects and other forms of overexertion.

Slip-and-fall injuries – These are one of the most common workplace injuries reported. Slip and fall can cause various injuries from bruising to broken bones.

Machinery injuries – Machine injuries or getting hurt by malfunctioning equipment is another common workplace injury.

Auto accidents – Often overlooked, but workers who are injured in a motor vehicle accident while performing a work task is common.

Injuries from these workplace accidents can force you out of work for weeks or even years. Workers’ compensation is important because it helps to pay your bills and make up for lost income. The complicated part often comes with qualifying. However, if you have been turned down for workers’ compensation, an attorney who practices in this area, such as the attorneys at The Richardson Firm, can help you.

WHAT DOES WORKERS’ COMPENSATION MEAN

It is important to know that wage replacement will not immediately begin when you file. It also may come on a different schedule than you are used to, depending on your normal pay periods. Lost wage compensation is equal to 66 2/3% of your average weekly pay. This amount is adjusted annually and may change; it is important to check the numbers with the North Carolina Industrial Commission. The weekly long-term benefits will continue until you are allowed to return to your normal work or until an agreement or settlement is reached between all parties, including yourself.

Workers’ compensation benefits are difficult to navigate, but we are here to help you. No one should be struggling to figure out the area of workers’ compensation alone. If you have been hurt and want to file a claim, call The Richardson Firm for your free consultation. Let us help you get the benefits that you deserve while you work on getting better. You deserve to be compensated for your injury today!

Call us at 910-488-5050 to schedule a free consultation with one of our attorneys.

Following a collision, North Carolina drivers have several legal responsibilities. By doing the right things, you can protect your rights and maximize the value of a car accident claim.

CAR ACCIDENT DO’S

Stop your vehicle: After an accident occurs, it is important that you stop your vehicle safely at the scene or nearby.

Seek medical attention: Don’t delay – timely documentation of your injuries is critical.

Remain at the scene and call 911: It is imperative that you call the police and remain at the scene until law enforcement authorities arrive.

Take pictures: Use your phone to take pictures of all cars involved in the accident. Try to take the pictures from multiple angles and multiple distances. Make sure to get photos of the roadway, skid marks, and debris on the roadway. If you have visible injuries, take pictures of those as well.

Get witness contact information: Because the insurance company will almost always claim that you were at fault, or at least partially at fault, it is important to have contact information for any witnesses at the scene. Get the witnesses’ names, addresses, and telephone numbers.

Report it: Sometimes a driver in an accident will ask to not call the police. No matter what, call the police and get a report. In addition, make sure to notify your insurance agent as soon as possible — after speaking to an attorney.

Hire an attorney: It is important to hire an attorney that will protect your rights and will fight for you, especially if you are at fault for the accident.

CAR ACCIDENT DON’TS

Don’t record a statement: Contact an attorney before you go on record for a statement with your insurance company or anyone else.

Don’t Leave: Stay at the scene of the accident until the authorities and help arrive. You also need to make sure you get witness information and photos.

Don’t post on social media: If you are in an accident, don’t post photos or details about it on social media until you have consulted with a lawyer.

Don’t settle before or without consulting a lawyer: Insurance companies may offer a few hundred dollars for an inconvenience you were caused. It is important not to settle until consulting with a lawyer because you may be deserving of much more.

Don’t Wait: Evidence is quickly cleaned up after a car accident. Contact The Richardson Firm today and have a team of experts work on preserving the evidence and building your case to protect your rights.

REQUEST AN ACCIDENT CONSULTATION TODAY

At The Richardson Firm, our compassionate car accident attorneys have helped many victims recover full and fair compensation for their injuries or property damage. To learn more about what we can do for you, please do not hesitate to contact our team today for immediate legal assistance. From our offices in Fayetteville, NC, we represent victims throughout the region.

If you have been injured in a car accident, it is important that you contact us right away. Schedule to discuss your options moving forward through the form on our website or by calling 910-488-5050.

Protect your rights and maximize your payout after an accident or injury. Personal injury claims are complex, and it is wise to have an expert attorney at your side. Most often after an accident or injury, you are experiencing physical and mental stress and need the support of an expert.

PREMISES LIABILITY LAWS

All property owners, including commercial businesses, have a duty to keep their premises in a reasonably safe condition. Yet, each day people are injured when property owners neglect to perform this duty. A failure to keep the property safe can open the owner up to a civil claim for damages.

IDENTIFY WHAT CAUSED YOUR INJURY

To help protect your rights, it is important to identify what caused your injury and to document it as best you can with photographs or video. Your cell phone camera is a great tool. Frequent causes for injuries in stores are liquids on the floor, electrical wires or cords, or merchandise falling off of shelves.

Sometimes, people are attacked or robbed by criminals inside or outside of a commercial business. Commercial property owners also have a duty to provide reasonable security to protect their patrons and their failure to do so can also substantiate a claim for civil damages.

DOCUMENT AND REPORT

Because you may forget details over time, it is vital that you document the incident while it is fresh on your mind. If relevant, take photos of injuries and the area the accident occurred; this will come into hand later when meeting with your lawyer. Any photos you take may serve as evidence in your claim, which makes it easier for your lawyer to support your case.

It is imperative that you document all bills and losses related to an injury or accident. Make sure to save any and all medical bills, receipts, or any invoices related to the accident. Keep a record of the number of days of work and income you’ve lost due to your injury.

If possible, it is important to file a report or record of the incident with the store after the accident or injury occurs. This document should include the incident’s date, time, and circumstances. Make sure to make a copy of the report for your records and share it with your lawyer.

THE INSURANCE COMPANIES HAVE EXPERTS

When you file a personal injury claim, you will face experienced insurance companies who are skilled in protecting their interests. Insurance companies are for-profit businesses. One of their primary goals is to minimize the amount of money you receive to settle your personal injury claim.

Our Fayetteville personal injury attorneys at The Richardson Firm will advocate on your behalf so that you’re able to receive the resources needed to recover from an injury on someone else’s property. We know how insurance companies work. Let us put our knowledge and skill to work for you.

To start your free consultation, contact us today at (910) 488-5050.