In serious personal injury cases under North Carolina law, how is compensation calculated and how does contributory negligence effect the amount of damages? How does last clear chance affect the recovery available?

In serious personal injury cases in North Carolina, compensation is generally calculated based on the damages suffered by the injured party. Damages can include medical expenses, lost wages, pain and suffering, and other losses resulting from the injury.

In North Carolina, the doctrine of contributory negligence can have a significant impact on the amount of damages that an injured party may be able to recover. Under this doctrine, if the injured party is found to have contributed in any way to the accident that caused their injuries, they may be barred from recovering any damages at all, even if the other party was primarily at fault.

This means that if a defendant can show that the injured party was even slightly negligent and that their negligence contributed to the accident, the injured party may not be able to recover any damages. This is a harsh rule that is not followed by most other states in the U.S., which generally use a comparative negligence system that allows an injured party to recover damages even if they were partially at fault for the accident. If the injured party is found to have contributed in any way to the accident that caused their injuries, they may be barred from recovering any damages at all, even if the other party was primarily at fault.

However, there is an exception to the doctrine of contributory negligence known as the “last clear chance” doctrine. Under this doctrine, if the defendant had the last clear chance to avoid the accident, but failed to do so, then the injured party may still be able to recover damages, even if they were partially at fault for the accident.

For example, if a pedestrian is jaywalking and is hit by a car, but the driver of the car had the last clear chance to avoid hitting the pedestrian, then the pedestrian may still be able to recover damages, even though they were jaywalking and therefore partially at fault for the accident.

The last clear chance doctrine is a narrow exception to the contributory negligence rule and requires a showing that the defendant had an opportunity to avoid the accident but failed to do so. It is often difficult to prove and requires a careful analysis of the facts and circumstances of the case.

It’s important to note that contributory negligence is a defense that the defendant must prove in court, and that the injured party can also try to prove that the defendant was negligent and that their negligence was the primary cause of the accident. In cases where both parties are found to have been negligent, the amount of damages that the injured party can recover may be reduced based on their degree of fault.

Overall, contributory negligence can have a significant impact on the outcome of serious personal injury cases in North Carolina, and it’s important for injured parties to consult with an experienced personal injury attorney to understand their rights and options under the law.

We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury, or you get into trouble with a criminal matter, or receive a traffic ticket in New Hanover, Pender, or Brunswick County, please give our office a call at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

In North Carolina, a conditional discharge or deferred prosecution is a program available for certain first-time offenders who are charged with certain misdemeanor or felony offenses. This program is sometimes referred to as “90-96” because it is authorized under section 90-96 of the North Carolina General Statutes.

Under this program, the court may defer prosecution of the case for a period of time, during which the defendant must comply with certain conditions, such as completing community service, attending counseling or treatment programs, and avoiding further criminal activity. If the defendant successfully completes the conditions of the program, the charges may be dismissed and the defendant may be eligible to have their record expunged.

The types of offenses that may be eligible for a 90-96 or conditional discharge or deferred prosecution include certain drug offenses, certain larceny offenses, and certain traffic offenses, among others. However, not all offenses are eligible for this program, and the decision to grant a conditional discharge or deferred prosecution is within the discretion of the court.

It’s important to note that a conditional discharge or deferred prosecution is not available for all first-time offenders or for all types of offenses, and the terms and conditions of the program can vary depending on the specific circumstances of the case. The primary requirement to be eligible is that the defendant has never previously been on probation, either supervised or unsupervised. Defendants who are considering a conditional discharge or deferred prosecution should consult with an experienced criminal defense attorney to understand their rights and options under the law.

If you are charged with any type of crime in Southeastern North Carolina (NC), in or around Wilmington, New Hanover County, Bolivia, Brunswick County, or Burgaw, Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

Under North Carolina law, what are the ways you can lose your driving privilege?

Under North Carolina law, there are several ways that a person can lose their driving privilege. Here are some of the most common:

1.         Conviction of certain traffic offenses, including driving while impaired (DWI), reckless driving, hit and run, and speeding over 75 mph.

2.         Accumulation of too many driver’s license points within a specific period of time. Points are assigned for various traffic violations, and when a driver accumulates a certain number of points within a three-year period, their license may be suspended.

3.         Failure to appear in court or pay fines for traffic violations.

4.         Failure to maintain proper liability insurance coverage for your vehicle.

5.         Medical conditions or disabilities that make it unsafe to drive.

6.         Habitual drug or alcohol use that makes it unsafe to drive.

7.         Non-driving-related offenses, such as failure to pay child support or certain criminal convictions, can also result in a license suspension.

It’s important to note that the length of a license suspension can vary depending on the offense and whether it’s a first-time offense or a repeat offense.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, or face a suspension of your driver license, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

In North Carolina, felonies are classified into ten different categories or classes, each with its own range of penalties and sentencing guidelines. The classes of felonies in North Carolina are:

Class A Felonies: These are the most serious type of felony in North Carolina and include crimes such as first-degree murder, first-degree burglary, and certain drug trafficking offenses. Class A felonies are punishable by life imprisonment or the death penalty.

Class B1 Felonies: These include offenses such as rape, kidnapping, and some drug trafficking offenses. Class B1 felonies carry a potential sentence of 144 months to life imprisonment.

Class B2 Felonies: This category includes crimes such as voluntary manslaughter, second-degree murder, and some drug trafficking offenses. The potential sentence for a Class B2 felony is between 94 and 393 months in prison.

Class C Felonies: These include offenses such as assault with a deadly weapon, burglary, and embezzlement of property worth more than $100,000. Class C felonies carry a potential sentence of between 44 and 182 months in prison.

Class D Felonies: This category includes crimes such as possession of stolen goods, forgery, and embezzlement of property worth between $1,000 and $100,000. The potential sentence for a Class D felony is between 38 and 160 months in prison.

Class E Felonies: These include offenses such as larceny of property worth between $1,000 and $10,000, and possession with intent to sell or deliver a controlled substance. Class E felonies carry a potential sentence of between 15 and 63 months in prison.

Class F Felonies: This category includes crimes such as identity theft, larceny of property worth between $500 and $1,000, and possession of a stolen firearm. The potential sentence for a Class F felony is between 10 and 41 months in prison.

Class G Felonies: These include offenses such as breaking and entering into a motor vehicle, larceny of property worth less than $500, and possession of stolen property. Class G felonies carry a potential sentence of between 8 and 31 months in prison.

Class H Felonies: This category includes crimes such as simple assault, possession of a firearm by a felon, and certain drug offenses. The potential sentence for a Class H felony is between 4 and 25 months in prison.

Class I Felonies: These include offenses such as possession of marijuana or cocaine in excess of 1.5 ounces but less than 10 pounds, and carrying a concealed weapon. Class I felonies carry a potential sentence of up to 24 months in prison.

It’s important to note that the potential sentence for a given felony offense can vary based on factors such as the defendant’s criminal history and the circumstances surrounding the crime. Additionally, judges in North Carolina have discretion to depart from the statutory sentencing guidelines in certain cases.

Should you or someone you know get charged with a felony, a misdemeanor, or a traffic ticket in Southeastern North Carolina, in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

Drug Treatment Court and Adult Enhancement Services are two different programs in New Hanover County, NC, that serve distinct purposes and populations.

Drug Treatment Court is a court-supervised program designed for individuals with substance abuse issues who have been charged with non-violent drug-related offenses. It provides a structured and intensive treatment program that includes drug testing, individual and group counseling, and regular court appearances. Participants are required to complete the program successfully as a condition of their sentence, and those who do may have their charges reduced or dismissed.

Adult Enhancement Services, on the other hand, is a program that provides services and resources to adults with intellectual and developmental disabilities. The program offers vocational training, educational opportunities, socialization, and recreational activities to help participants gain independence, improve their quality of life, and reach their full potential.

In summary, Drug Treatment Court is a legal program that addresses substance abuse issues and criminal charges, while Adult Enhancement Services is a social service program that supports individuals with intellectual and developmental disabilities.

Drug addiction is a serious problem that affects millions of people around the world. The use of drugs can have devastating effects on an individual’s life, leading to issues such as unemployment, financial instability, and even incarceration. In recent years, the United States has seen a rise in the number of drug addiction cases, particularly in North Carolina. To combat this issue, New Hanover County has established a Drug Treatment Court (DTC) to aid individuals who struggle with addiction and want to make a positive change in their lives.

The New Hanover County Drug Treatment Court was established in 1999 and has been in operation ever since. Its primary objective is to provide individuals who have been charged with drug-related offenses with an opportunity to receive treatment instead of facing incarceration. The court operates as a collaborative effort between the judiciary, law enforcement, and healthcare professionals to provide comprehensive treatment and support to individuals who have a drug addiction.

The Drug Treatment Court operates under a strict set of guidelines, which are designed to ensure that participants receive the best possible care and support. Participants are required to attend regular court sessions, undergo drug testing, and adhere to strict treatment protocols. The court also provides participants with access to a range of support services, such as counseling, job training, and housing assistance.

One of the key benefits of the Drug Treatment Court is that it provides participants with a sense of community and support. Addiction can be an isolating experience, and many individuals who struggle with drug addiction feel alone and unsupported. The court provides participants with access to a network of professionals and peers who are committed to their success. This sense of community can be a powerful motivator for individuals who are trying to overcome addiction.

Another benefit of the Drug Treatment Court is that it provides participants with an opportunity to avoid incarceration. Individuals who are convicted of drug-related offenses may face significant time in jail or prison. However, the Drug Treatment Court provides an alternative to incarceration by offering treatment and support instead. This not only benefits the individual but also the community at large, as it reduces the number of individuals who are incarcerated for drug-related offenses.

The Drug Treatment Court has been highly successful in achieving its objectives. Studies have shown that participants in the Drug Treatment Court have a significantly lower rate of recidivism than those who are incarcerated. This is due in part to the fact that the court provides participants with access to treatment and support, which can help them overcome their addiction and make positive changes in their lives.

In addition, the Drug Treatment Court has been shown to be cost-effective. Incarceration is an expensive proposition, and the cost of housing an inmate in jail or prison can quickly add up. By providing treatment and support instead of incarceration, the Drug Treatment Court can save the community money while also providing individuals with a path to recovery.

In conclusion, the New Hanover County Drug Treatment Court is an important resource for individuals who are struggling with drug addiction. By providing access to treatment and support, the court helps individuals overcome addiction and make positive changes in their lives. The court also provides a cost-effective alternative to incarceration, which benefits both the individual and the community at large. Overall, the Drug Treatment Court is a valuable tool in the fight against drug addiction, and it has the potential to make a significant impact in the lives of those who participate.

If you know someone with an addition problem with pending criminal charges in New Hanover County, give us a call at 910-793-9000 for a confidential consultation about how we can help.

By Jana H. Collins

The North Carolina district courts have recently implemented a new electronic filing system that promises to streamline court processes and increase efficiency. This new system is expected to be a significant upgrade from the previous paper-based filing system, which is both time-consuming and cumbersome.

The electronic filing system, or EFS, allows attorneys and self-represented litigants to file documents electronically, which eliminates the need to submit paper documents in person or through the mail. This means that court documents can be filed 24/7, providing greater convenience and flexibility to attorneys and parties.

In addition to being more convenient, the EFS system is also expected to be more secure than the previous paper-based system. The system utilizes advanced encryption technology to ensure that all documents and filings are kept confidential and secure. The system also provides access controls and audit trails to help prevent unauthorized access and ensure that only authorized individuals have access to court documents.

The EFS system also has features that improve communication between parties and the court. Parties can receive automatic notifications when documents are filed, ensuring that they are kept up to date on the status of their case. Additionally, the system allows for electronic service of documents, which reduces the need for physical delivery and saves time and money.

Another benefit of the EFS system is that it provides a central location for all court documents and filings. This makes it easier for attorneys and parties to access important documents and filings, as they can do so from any computer with internet access. The system also allows for easy retrieval of documents, which is particularly useful for attorneys who may need to review previous filings or documents.

Overall, the implementation of the electronic filing system for NC district courts is a significant improvement over the previous paper-based system. The EFS system provides increased convenience, security, and efficiency, and it is expected to make court processes faster and more streamlined. The system has been well-received by attorneys and self-represented litigants, and it is expected to become the new standard for court filings in North Carolina.

The electronic filing system is now live in four pilot counties which are Harnett, Johnston, Lee, and Wake Counties.  There is not timeline as to when we can the new system to be implemented in Brunswick, New Hanover, and Pender Counties.

By Jana H. Collins