Personal Injury Attorneys
West & Smith, L.L.P.

Practice Areas and Legal Definitions

North Carolina Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:

• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

North Carolina Automobile Accidents:
Attorneys West & Smith have more than 60 years plus of combined experience and a successful track record representing clients who have suffered significant injuries in automobile accidents. They work closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury.  The Firm possesses a detailed comprehension of North Carolina's automobile insurance and liability laws and understands the different sources of recovery available to car accident victims and their families.

North Carolina Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack of any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders vulnerable to serious personal injury in the event of an accident. Attorneys Stanley West and Kent Smith can advise injured riders of their legal rights and discuss the litigation options that are available.

North Carolina Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.

North Carolina Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on a windshield, pavement, or other object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

North Carolina Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in North Carolina, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions the decedent would have made to his or her spouse, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, society, solace or moral support.

Defective Products:
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Product liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability and recover damages under one of the following categories: strict product liability, negligence, or breach of warranty.

North Carolina Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, and gas stations and malls, but they also happen on private property. Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

North Carolina Construction/ On-the-Job Accidents:
Construction site personal injury law is not practiced or understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to inexperienced legal counsel. The law concerning when an injured party can sue in addition to making a worker’s compensation claim is very complex and should be evaluated by an attorney in any serious injury case. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

Toxic Exposure:
Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people, such as: lead-based paint (linked to brain damage, especially in children); asbestos (lung cancer, restrictive lung disease); dry cleaning and other solvents (brain damage, major organ damage); pesticides such as dioxin and DDT (birth injuries); and toxic landfill waste (leukemia).

Insurance Claims:
Insurance claims qualify for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Under North Carolina law, insurance companies cannot refuse to pay a customer's claim without "reasonable justification." This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner. If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

Worker's Compensation:
Most on-the-job injuries can be compensated under Worker’s Compensation law. Unlike negligence cases, Worker’s Comp claims do not depend upon proof of negligence. Recovery of damages depends on whether or not the injured party can return to suitable employment, whether or not there is permanent impairment and other questions peculiar to Worker’s Comp law. Various time limits apply, and are different from the time limits in negligence claims.

Social Security Disability:
Programs under the Federal Social Security Disability Act provide benefits for individuals who are unable to engage in any substantial work activity by reason of a physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death. Our experienced attorneys know what proof Social Security and the Disability System requires, and can assist you in completing the multiple forms and paperwork required to present your claim. Our attorneys will insure that your case is presented effectively through the multi-level appeal process that often is required, which will give you the best chance of winning your case.

If you or someone you know in central or eastern North Carolina, including Raleigh, Moore County, Lee County, Scotland County, Richmond County or Cumberland County, needs the assistance of an experienced Raleigh Personal Injury Attorney, contact West & Smith, L.L.P. today at 910-693-3411, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting West & Smith, L.L.P., at 910-693-3411, you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases, as opposed to criminal law cases, which involve a defendant and the State of North Carolina. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On the Job Accidents
• Dangerous or Defective Products
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing home abuse and Neglect
• Slip and Fall Accidents/Premises Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury

What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & suffering
• Physical disability
• Disfigurement
• Emotional trauma
• Mental disability
• Property damage

What is the Statute of Limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident.

How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it may take to settle. Many cases can take anywhere from three to 18 months to settle, depending on their complexity.

What is Wrongful Death?
Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of North Carolina has enacted a statute permitting recovery of damages in a lawsuit brought by the relatives of a person who died as a result of a wrongful act.

Can a wrongful death action be brought even if the deceased never held a job?
Yes. Although the decedent never held a wage-earning job, he or she may have contributed in some other way to the family, such as a stay-at-home husband or wife who contributed services, guidance and nurturing. These contributions are quantifiable under "pecuniary losses," and can be sought in a wrongful death lawsuit.

Professional Profile

Attorneys Stanley W. West and S. Kent Smith have each practiced law since 1975.  Both were members of a larger firm before they formed West & Smith in 1997, in order to more efficiently concentrate their practice on civil litigation -- including personal injury.

If you or someone you know in central or eastern North Carolina, including Raleigh, Moore County, Lee County, Scotland County, Richmond County or Cumberland County, needs the assistance of an experienced Raleigh Personal Injury Attorney, contact West & Smith, L.L.P. today at 910-693-3411, or complete the contact form provided on this site to schedule your free consultation.

Firm Address:

West & Smith, L.L.P.
140 West Vermont Avenue
Southern Pines, NC 28388
Telephone: 910-693-3411

Stanley W. West, Attorney

Biography:

North Carolina personal injury Attorney Stanley W. West is a skilled litigator who has handled personal injury, workers' compensation, and insurance cases in North Carolina courts since 1975, including multiple cases at the level of North Carolina Court of Appeals and North Carolina Supreme Court. Attorney West has lectured before trial attorneys for the North Carolina Academy of Trial Lawyers and has tried over 100 jury cases and handled a far greater number of cases resulting in favorable settlements.

Courts Admitted:

• North Carolina, 1975
• United States District Court, Middle District of North Carolina

Law School:

• Wake Forest University, J.D., cum laude, 1975

College:

• University of North Carolina, B.S. in Bus. Adm., 1971

Professional Affiliations:

• North Carolina Academy of Trial Lawyers
• North Carolina Bar Association
  • Litigation Section
  • Worker's Compensation Section

S. Kent Smith, Attorney

Biography:

Courts Admitted:

• North Carolina, 1975
• U.S. Court of Military Appeals, 1976
• United States District Court, Middle District of North Carolina
• United States District Court, Eastern District of North Carolina

Law School:

• University of North Carolina, J.D., 1975

College:

• University of North Carolina, B.A., 1972

Professional Affiliations:

• North Carolina Academy of Trial Lawyers
  • Disability Advocacy Section

• North Carolina Bar Association
  • Dispute Resolution Section
  • Litigation Section

• National Organization of Social Security Claimants Representatives

North Carolina personal injury Attorney S. Kent Smith is an experienced trial attorney who has practiced in state and federal courts since 1975. Early in his legal career, Mr. Smith served as a Judge Advocate with the U.S. Marine Corps and distinguished himself as Chief Trial Counsel, Senior Special Assistant U.S. Attorney, and Military Judge, for which he received multiple awards for excellence. Mr. Smith also is a certified Superior Court Mediator who is frequently selected by other attorneys to conduct settlement conferences in personal injury cases. His vast experience of more than 30 years as trial counsel, judge and mediator provides him with a unique perspective for all sides of a lawsuit, and which enables him to be equally persuasive and effective as a negotiator and as a litigator.