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Overholt Law Firm

What is Negligence?

Posted on: March 24th, 2016 by OverholtLaw

What is Negligence?

In basic terms, negligence is acting or failing to act according to the general duty of a reasonably prudent person under similar circumstances. For example, a driver of an automobile has a general duty of a reasonably prudent driver who is driving under similar circumstances.

Additionally, individuals who work in certain professions may owe a greater duty of care than the reasonably prudent person. For example, in North Carolina, a physician owes the degree of care, skill and proficiency conducted by reasonably careful, skillful, and prudent physicians in the same class to which he belongs and in the same or a similar locality, acting under the same or similar circumstances. A statute, ordinance, or regulation may also provide the standard of a person’s duty of care.

In North Carolina, in order to prove that another person was negligent, you must prove four (4) elements:

  • The person owed you a duty of care;
  • The person breached that duty of care;
  • The breach actually and proximately (foreseeably) caused your injuries; and
  • Damages

In regards to Element #2, in North Carolina, an individual only owes a duty to those whom his conduct can foreseeably injure. The foreseeability requirement only applies to the kind of harm caused by the negligent party, not the precise manner of harm or the extent of harm. For example:

An employee of a local restaurant is cleaning the kitchen’s machines using a flammable substance. A stray cat runs into a nearby open flame gas furnace and catches fire. The cat then runs past one of the machines while a customer is walking past on the way to the bathroom, and the machine explodes. The customer suffers serious burns. In this example, the general type of accident, which was the customer’s suffering of serious burns, was foreseeable at the time the gas furnace’s flame was left open.


Why do I need to hire an attorney?

Posted on: February 9th, 2016 by OverholtLaw

Why do I need an attorney?

If you have been involved in an accident, whether it be a bicycle, car, truck, or motorcycle accident, you must not hesitate to seek legal counsel in order to best protect your interests.  Insurance companies often want to take a recorded statement of an unrepresented person so that they can obtain information that can be used against that person.  Insurance adjusters are trained to reduce the recoveries of people who are uneducated in handling these types of claims.  The bottom line is they will do everything they can to deny or delay paying on any claim. Our job is to work hard to prevent this from happening.  You can rely on our legal expertise and experience to aggressively protect your rights and help you through a difficult time in your life.

What if I’ve already taken steps independently?

No problem, we will take it from here.  A lot of times, people start the claim process themselves and find it to be quite a burden and very stressful.  It is our goal to alleviate as much stress as we can from our clients so they can concentrate on getting healthy again, both mentally and physically.  We strive to make the process as smooth as possible for our clients.  Contact the Overholt Law Firm, PC today for a free consultation.

New blog

Posted on: January 20th, 2016 by OverholtLaw

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