General Litigation
One of the most difficult parts of business is expecting the unexpected and managing liability. To maintain peace of mind, you need a legal partner who can think ahead.
Our attorneys are versatile as they come. Here are several types of cases we can assist with:
- Product Liability Claims
- Professional Liability Claims
- Wrongful Death/Personal Injury
- Premises Liability Insurance
- Coverage Disputes (i.e. Subrogation, Excess Representation)
- Criminal Acts of Third Parties or Employees
- Contract Disputes
- Defamation, Slander & Malicious Prosecution
- Fraud
Define Your Needs
With each case we take on, we begin by establishing your goals and your risk tolerance. Lawsuits can be time-consuming and financially taxing, so it’s best to have a clear objective from the start. Sometimes, it isn’t necessary to take a case to court if your goals can be reached through arbitration, for instance. We can help you determine your best interest within your defined limitations.
Our Approach
A legal team has to look at the facts from every possible vantage point to build a compelling case. We’ve had the privilege of building a team with a wide range of expertise and diverse legal knowledge. That sets us apart from other firms, giving us a distinct advantage. Other firms take a hierarchical approach in which due diligence is kicked down to entry-level associates. We believe that method has limitations, so we’ve made collaboration a priority. That mindset makes our firm greater than the sum of its parts.
On Your Side
Just because someone says you’re wrong doesn’t mean you are. If you think you might face litigation, it’s important to seek legal representation right away. Lincoln Derr is here for you.
Experience Equals Confidence
Our team has over 150 years of combined legal experience. We’ve logged 10,000 hours in the courtroom. We rely on that experience in general litigation. These cases usually require in-depth industry knowledge and a vision for organizing and arguing a case.
Fight to Win
We litigate to win, plain and simple. And we don’t stop working until we have all the facts and our clients achieve their goals in the courtroom. That approach produces results: Over the history of the firm, we’ve saved our clients over $2 billion.
General Litigation: Featured News & Podcasts
August 7, 2023
The Scope of the Patient Safety and Quality Improvement Act: Does It Extend Beyond Patients?
By Maria OrtizIn 2005, the United States Congress enacted the Patient Safety and Quality Improvement Act (PSQIA) to create a voluntary program that encourages healthcare providers to share information on patient safety events with patient safety organizations (PSOs). The Federal Act’s primary […]
Read MoreFebruary 8, 2023
Medical Malpractice Defense Verdict for Lincoln Derr
By Lincoln DerrLincoln Derr is pleased to announce that Sara Lincoln, Heather Fuller, and paralegal Erin Alfaro recently secured a defense verdict for a physician, his practice, and a med tech in a 2 ½ week jury trial litigated in Catawba County, […]
Read MoreJanuary 2, 2023
How to Turn a Bad Fact Into a Good Fact
By Lincoln DerrPodcast: Play in new window | Download (Duration: 16:15 — 37.2MB) | Embed
A good lawyer is able to discern between good and bad facts. A great lawyer is able to turn a bad fact into a good fact — or at least neutralize the bad fact. On this episode of Trying […]
Read MoreThought Leadership Series
Trial by Nature - Tips to Survival in the Courtroom
Smart trial lawyers are well-versed in the laws of man. Brilliancy in the courtroom demands appreciation of the laws of man and the rules of Mother Nature.
Over the years, I’ve collected a few examples of Mother Nature’s lessons worthy of courtroom consideration. These lessons in the form of tips will be posted regularly in a series entitled, “Trial by Nature: Tips to Survival in the Courtroom”.
General Litigation FAQs
What is a "Premises Liability" claim in North Carolina?
“Premises liability” claims arise when an injured party makes a claim against an owner or occupier of real property. Rooted in negligence, premises liability claims often allege a defective or unsafe condition in a building or on a piece of land. One example would be “slip and fall” injuries due to a wet floor or uneven surface. Another scenario might be the failure to provide security services resulting in injury from a criminal act.
Liability of the landowner/occupier depends upon the status of the person on the property. Invited guests, such as retail shop customers, have more protections than a trespasser. From the landowner perspective, North Carolina is unique in providing a “contributory negligence” defense.
In North Carolina, if an injured party bears any responsibility for their own injuries, the doctrine of “contributory negligence” prohibits any recovery. In a “contributory negligence” defense setting, ignoring a “wet floor” sign or purposely descending down an obviously rotten staircase could preclude recovery.
Can I be held liable for a premises liability claim in North Carolina?
Yes, premises liability claims are recognized under North Carolina law. It’s important to note that the standard changes depending on if a person is allowed or invited onto the property. If the injured party is on the property lawfully, the owner needs to act with reasonable care. That can be as simple as posting a “wet floor” sign once you’re aware of a spill and taking steps to monitor the property.
For uninvited guests, the standard is much stricter. If someone trespasses on your property, they cannot hold a property owner liable for a premises liability claim unless they can prove the owner deliberately harmed them. Owners are not required to use reasonable care in those cases.
How is professional liability different from general liability?
Professional liability is often referred to as “malpractice.” It mainly pertains to the content of your work and the potential damage that negligence can cause. For instance, if an architect is negligent in their drawings, and the resulting building is riddled with structural problems, the architect could be at fault. The risks vary from industry to industry.
General liability is a more generic term often referring to instances of physical damage and bodily injury. If a person is hurt on your watch, general liability could be at play.
What are "First-Party" claims?
“First Party” claims are claims made by an insured person (or company) against their own insurance carrier for failing to make payment on a claim. Rooted more in contract law, “first-party” claims carry extra-contractual damages potential when the carrier refuses to pay a legitimate claim in “bad faith.” A finding of “bad faith” refusal to make payment of a claim can result in treble (triple) damages as well as attorney fees.