General Litigation

 

One of the most difficult parts of business is expecting the unexpected and managing liability as it comes. To maintain peace of mind, you need a legal partner who can think ahead.

At Lincoln Derr, we’ve been providing our clients with reliable legal advice and representation for more than a decade. We’ve made a name for ourselves as powerful litigators with a passion for winning.

 

Our attorneys are as versatile as they come.  Here are several types of cases we can assist with:

  • ZProduct Liability Claims
  • ZProfessional Liability Claims
  • ZWrongful Death/Personal Injury
  • ZPremises Liability Insurance
  • ZCoverage Disputes (i.e. Subrogation, Excess Representation)
  • ZCriminal Acts of Third Parties or Employees
  • ZContract Disputes
  • ZDefamation, Slander & Malicious Prosecution
  • ZFraud

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

To build an effective case, a legal team has to look at the facts from every possible vantage point. 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, and it gives 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 its limitations, so we’ve made collaboration a priority.  We designate specific attorneys to each of our cases. We also frequently team up and brainstorm. 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 100 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.

Our Attorneys in Action

Part of what separates us from other firms is our commitment to digging into every detail of the cases we take on. In 2015, our co-founder Tricia Derr took on the second “hot coffee” case to hit the nation. This time, the allegations came from a police officer who claimed that, though he received a cup of Starbucks coffee for free, it spilled on him and he sustained third-degree burns. He wanted to hold Starbucks accountable, but Derr found his story didn’t add up.

 

Click here to learn what she told jurors.

Litigation FAQ’s

What constitutes a product liability claim in North Carolina?

North Carolina places a higher burden of proof on product liability cases than other areas of the country do. In some states, if a product is deemed to have caused an injury, that could merit a claim against the manufacturer. North Carolina law only recognizes three types of product liability claims:

  • Claims based on inadequate warning or instruction (§99B-5)
  • Claims based on inadequate design or formulation ((§99B-6)
  • Claims based on defective design of firearms (§99B-11)

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 mostly 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 reserved for instances of physical damage and bodily injury. If a person is hurt on your watch, general liability could be at play.

Is someone making harmful allegations against your business? Take action today. Contact us to schedule a consultation.