If you have suffered an injury due to the failure of a professional to adhere to an appropriate standard of care, you may have a claim for professional negligence to recover your resulting damages. In addition to medical malpractice, professional negligence claims can arise from your business dealings with almost any kind of professional you retain, including accountants, CPAs and other tax professionals, engineers, and lawyers.
Generally speaking, professional negligence claims can be based on any one of the following three theories of recovery:
- Breach of Fiduciary Duty: A professional is required to act in accordance with your best interest. When a professional’s conduct violates your best interest in favor of their own, they have breached a fiduciary duty to you, and any damages you sustain as a result can be recovered.
- Breach of Contract: Professionals are required to adhere to the standards as outlined in your contract for services and abide by the terms of the contract. When a professional breaches any contractual duty to you and causes you damages, the breach of contract can indicate professional negligence.
- Negligence: All professionals must adhere to an appropriate standard of care. When any professional breaches the standard of care and causes you to suffer damages, you can recover for your injuries, resulting from that negligence.
Cases of professional negligence involve complex legal issues and often require litigation to recover damages. To prevail sufficient evidence under North Carolina law must be introduced to establish the applicable standards, the deviations from those standards, your damages, and issues of causation. The trial lawyers at DeMent Askew & Johnson have the experience and the resources to help you get the compensation you deserve. We are seasoned trial attorneys, and we know what is required to succeed in a lawsuit for professional negligence. Call us today for a free consultation regarding your professional negligence matter. at 919-833-5555.
James T. Johnson
Negligence & Malpractice
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North Carolina Crime Lab Firearms Examiner Wins 9 Million Dollar Verdict in 3 ½ Week Long Libel Jury Trial Against the News and Observer
9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly! Attorney: James Johnson, Dement Askew Date of Verdict: October 2016 In 2006, North Carolina expert firearms examiner Beth Desmond was asked to examine some bullet fragments and shell casings from a homicide crime scene. The incident occurred in…
In a unanimous opinion filed on December 18, 2018, a three-judge Court of Appeals panel affirmed the $6.12 Million Dollar jury verdict Mr. Johnson and associate Chynna Smith won on behalf of their client, a former state firearms examiner, Beth Desmond, in her libel case against the Raleigh News & Observer and reporter Mandy Locke.…
Long-time Sales Associate at Plumbing and HVAC Supply Company Receives Confidential Settlement as a Result of Medical Malpractice
DeMent Askew & Johnson’s client was in his yard filling a birdfeeder with birdseed when he fell and twisted his left leg in an awkward position. He immediately heard a crack and saw that his left ankle was turned in an awkward position. His wife called 911. EMS arrived and transported him to a local…
Estate of Elderly Mother of Three That Suffered Through Negligent Care at a Nursing Home Resulting in Death Receives Large Confidential Settlement
The deceased was a resident of a North Carolina nursing home. She had recently been sent to a local hospital for an unrelated illness and was recovering well from this prior illness. During this recovery period, she developed an ulcerous wound in and around her sacrum. The nursing home staff failed to timely detect the…
Stroke Victim Resident of a Nursing Home that Was Raped by Co-Resident Receives Large Confidential Settlement
DeMent Askew’s client had suffered a stroke years ago. She could not speak as a result of the stroke, and she was also confined to a wheelchair. However, she was still very sharp mentally. She was residing in a nursing home because of her physical limitations. One day, a new resident appeared in the nursing…
The defendant involved in a wreck on a moped. The defendant was found by emergency responders beside the moped with injuries consistent with being involved in an accident. Defendant was transported to the hospital where law enforcement responded. Upon entering the hospital room officers smelled a strong odor of alcohol and the defendant admitted to…
Single Mother on Her Way to Work Hit by Pick-Up Truck Running a Red Light Receives $122,500.00 Settlement Just Before Trial
DeMent Askew & Johnson’s client was driving south on Lake Wheeler Road in Raleigh on her way to work. She was approaching the intersection with Centennial Parkway and was intending to travel straight through the intersection. At the same time, the Defendant was driving a large pick-up truck traveling in a northerly direction on Lake…
Man Moving from Georgia to West Virginia to be Closer to Family Hit by 18-Wheeler in North Carolina Receives $140,000.00 Settlement After Extensive Litigation
Mr. Johnson’s client was driving a Dodge pick-up truck northeasterly on the on-ramp for traffic exiting off of I-485 and onto I-77 north in Charlotte. He was in the process of moving from Georgia to West Virginia and was pulling a U-Haul trailer. He had a full load in the bed of his truck. One…
Nurse at Local Hospital Involved in Automobile Collision Receives $300,000.00 Settlement After Extensive Litigation
Mr. Johnson’s client was driving north on Capital Blvd., approaching the intersection with Wake Union Church Road. The Defendant was driving south on Capital Blvd in a large SUV owned by a local landscaping company. As our client approached the intersection, the traffic light for her direction of traffic was emitting a steady green light.…
Part-Time Student and Restaurant Worker Attacked by Two Pit Bulls While Mowing Grass Receives $101,000.00 Settlement After Extensive Litigation Including Separate Lawsuit Regarding Insurance Coverage
On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was being kept two Pit Bull…