Attorney at: Rosensteel Fleishman, PLLC University of North Carolina at Chapel Hill Law School University of Pittsburgh Masters In Science University of Pittsburgh BA Lives in: Charlotte, NC Personal Injury Attorney Google+

Personal Injury and Contributory Negligence

Contributory negligence has many different layers, and should be understood so that one will not find himself contributorily negligent when an unfortunate circumstance occurs. North Carolina is one of the few jurisdictions that still adheres to the contributory negligence doctrine. To be clear, contributory negligence bars a plaintiff or claimant from recovering from a defendant…

Personal Injury, Health Insurance Subrogation and The Attorney’s Responsibility

Memorandum In Re: ERISA and Subrogation in North Carolina North Carolina personal injury law is complex. Not only do plaintiffs have to deal with the laws of negligence (premises liability, motor vehicle, medical malpractice) you have to deal with HIPPA, Medicare, Medicaid, as well as the state and federal laws dealing with health insurance Subrogation,…

Intoxication and Contributory Negligence

Our personal injury lawyers have handled numerous cases, which have been denied by the insurance company, when the plaintiff was intoxicated. Many insurance adjusters assert, incorrectly, that intoxication, standing alone, is evidence of contributory negligence. However, intoxication alone is not grounds for a jury instruction of contributory negligence if it is not a proximate cause…