Practice Areas
At Knott, Berger & Miller, LLP, we provide effective representation for families and individuals who have suffered injuries and damages due to the negligence or misconduct of drivers, healthcare providers, corporations and manufacturers.
In each practice area, we bring the same dedication to excellence and commitment to client service that have become a hallmark of our practice.
Contact us to set up an appointment to discuss how we can provide legal assistance for you or your family in regard to any area of practice below.
Serious Injuries
A serious injury is devastating to individuals and their families. If you or a family member is seriously injured by someone else's negligence, the law holds the person or company who causes the injury responsible for the damages they caused. Those damages can include medical expenses, lost income, scarring and disfigurement, loss of use of a part of the body, as well as the physical pain and emotional suffering that can accompany a serious injury.
Our attorneys have over 25 years of experience helping people reach fair compensation in situations where they have been injured by the negligence of someone else. We have represented families in cases throughout North Carolina and in West Virginia, Virginia and Tennessee. Our experience, in both state and federal courts, includes cases involving injuries suffered as a result of automobile accidents, tractor-trailer wrecks, negligence by doctors, hospitals and nursing homes, as well as injuries as a result of dangerous conditions on premises and due to defective products.
Although the law in North Carolina permits just compensation for injuries caused by the negligence of others, some people, businesses and the companies who insure them, hire lawyers whose job it is to prevent injured people from receiving fair compensation allowed by law. Despite what may be said in expensive advertising campaigns, when you make a legitimate claim for fair compensation as a result of injuries you have suffered by the negligence of someone else, the insurance company that evaluates your claim is not on your side: you need attorneys, like Knott, Berger & Miller, LLP, with the knowledge and experience to pursue your right and to protect you and your family. Back to Top »
Brain Injuries
Brain injuries resulting from accidents or trauma can lead to severe mental and physical disabilities. Whether these injuries are caused by a motor vehicle accident, medical or hospital negligence or other cause, sometimes these injuries may not be identified until months after the injury has occurred. When you or a loved one suffers a brain injury, you need immediate legal assistance. Any brain injury can lead to significant loss in cognitive capacity and permanent physical and mental disabilities.
Our attorneys have many years of experience obtaining significant recoveries for people and their families who have suffered a brain injury. When you or a loved one suffers caused by the actions of someone else, you need immediate legal assistance. As with other cases, we represent clients with brain injuries on a contingency fee basis, meaning that there is no attorneys’ fee owed unless we achieve a recovery for you. Contact us for a free consultation. Back to Top »
Spinal Cord Injuries
A back or neck injury can range from whiplash to paralysis. When you are faced with a life-altering or debilitating injury resulting from a motor vehicle accident or otherwise from someone’s negligence, you need immediate legal assistance to preserve your rights and help you request fair compensation for your injuries. At Knott, Berger & Miller, our attorneys are experienced in aggressively pursuing claims against negligent drivers or others responsible, and their insurance companies,
for your neck or back injury.
Our staff understands that your losses are not just physical, but financial and emotional as well. You may be forced to pay medical expenses, suffer because of lost wages or even be physically unable to work again. When you suffer physically and financially, our attorneys will assess the full extent of your losses and assist you to obtain compensation for both your immediate and your future needs.
In cases involving severe back injuries including spinal cord damage, where you cannot reasonably expect to make a full recovery, insurance companies often seek to settle the case quickly for what may initially appear to be enough money. Too often, that settlement offer does not adequately compensate you for what is necessary to support and sustain your adjustment to life with a permanent disability, taking into consideration your future needs.
Let us help you recover the compensation that the law allows you to recover for your losses. Contact us today for a free consultation. Back to Top »
Wrongful Death
North Carolina law allows the family of a person killed as a result of someone else's negligence to recover certain damages. Those damages typically include any lost income the decedent would have earned during his or her lifetime, expenses incurred as a result of the death, including medical expenses and funeral bills, as well as damages for the emotional suffering of the surviving family members due to the death.
We have had the privilege of representing many families in wrongful death cases where the death of a loved one has resulted from the negligence of others, including death suffered in automobile and truck accidents, and as a result of the negligence of doctors, hospitals or nursing homes, or due to defective products. Back to Top »
Motor Vehicle Accidents
Under North Carolina law, all drivers operating vehicles on the roads of this state must follow certain rules. When a driver of a truck, car or other vehicle fails to follow those rules and, as a result, another person is injured or killed, the law provides that the person responsible for the innocent person's injury or death compensate that person or his family for the damages proximately caused by the driver's negligence. We have over 25 years of experience representing people and their families who have been injured or killed by others in automobile wrecks and tractor-trailer accidents, as well as motorcycle riders, bicycle riders, and pedestrians injured or killed by the negligence of others.
Our representation includes negotiating with the insurance companies for the responsible driver, obtaining underinsured or uninsured coverage, if such is applicable to the wreck, and negotiating with medical or health care lien holders who may have a claim for monies they have paid as a result of the negligence of another driver. Back to Top »
Medical and Hospital Negligence
Everyone likes and respects health care providers and are appreciative of their work. Although most health care providers are well-trained and do their best to provide their patients good care, doctors and nurses are human, and they sometimes make mistakes. When death or a serious injury occurs as a result of the negligence of a hospital or health care provider - even if the hospital or health care provider may have been doing their best and had no intention to cause any harm - North Carolina law allows an injured person or his family to recover the damages caused by the provider's negligence.
For over 25 years, we have represented people and their families who have been harmed by the negligence of health care providers throughout North Carolina. We have tried and settled cases for people throughout North Carolina who have been injured or killed by the negligence of health care providers in many medical specialties, including orthopedics, emergency medicine, family and general practice, obstetrics and gynecology, ophthalmology, psychiatry, anesthesiology, cardiology, general surgery, neurology and neurosurgery. If you believe you or a family member has been seriously injured or killed as a result of the negligence of a doctor, nurse, therapist, hospital or other health care provider, contact us to discuss your concerns. Back to Top »
Workers' Compensation
North Carolina workers’ compensation law entitles you to medical and income benefits if you have been injured on the job. If you have experienced an injury while at work our attorneys can help you maximize your benefits - please call us at (919) 934-4434. We understand that job injuries require attorneys that have work injury experience, who are able to quickly answer your questions concerning workers’ compensation and who will help you get the maximum amount of North Carolina workers’ compensation benefits. If you have been injured on the job, you should:
- Get medical attention immediately if there is an emergency.
- Report the injury to your employer as soon as possible by giving written notice to your supervisor or someone in a supervisory position. Failure to promptly give notice to your employer may affect your right to benefits. Your employer is not responsible for paying the medical treatment or wages until you give notice of the accident or disease.
- If you work for a subcontractor, you should promptly give written notice of your accident or occupational disease to your direct employer and the general contractor.
- Report all accidents even if the injury seems minor. A small injury can develop into a serious problem.
Nursing Home Negligence
Employees of nursing and rest home facilities have a difficult job. Frequently, people who live in nursing homes have various medical conditions and, as some of the most vulnerable people in society, are dependent upon the staff of the nursing home to take care of their needs. If someone is seriously injured or dies as a result of the failure of a nursing home or rest home to provide the care it is responsible to provide, North Carolina law allows the injured person or his family to seek fair compensation for the damages incurred by the resident's serious injury or death.
We have represented many individuals and families over the years in cases where the negligence of a nursing home has caused or contributed to serious injury or death. Our cases have included injuries or death due to medication errors, falls, dropping patients, failure to monitor the patient's condition, failure to respond to apparent or changing medical conditions, bed sores, decubitus ulcers and general neglect. Back to Top »
Dangerous Conditions on Property
The law in North Carolina requires a landowner to maintain his premises in a reasonably safe condition. When someone is seriously injured or killed as a result of a landowner's failure to fulfill that duty imposed by law, the negligent landowner is liable to the injured person for compensation caused by the negligence.
Our practice includes representing people who have been injured due to the negligence of landowners, including conducting, or permitting, dangerous activities on the land, falling objects, failure to keep the premises reasonably maintained, and other instances where the failure of a premises owner to comply with what North Carolina law requires has resulted in someone's serious injury. Back to Top »
Bicycling Accidents
On the roadways of North Carolina, cyclists enjoy the same rights and responsibilities as motor vehicle operators. Unfortunately, when bike vs. car accidents happen, severe injury or death can result. At Knott, Berger & Miller, we have had extensive experience representing those cyclists who have been injured by motorists. Not only do the lawyers at our firm represent cyclists, we are cyclists. Partner W. Stacy Miller is a licensed USCF racer who enjoys national races as well as local cycling events. Whether you are an avid road cyclist, commuter, weekend rider, cycling tourist or a neighborhood cruiser, we will stand up for your cycling rights on the roadways as well as in court.
For more information please refer to the NCDOT Division of Bicycle and Pedestrian Transportation and the The Peloton Project. Both are useful sites regarding bicycle safety. Back to Top »
Injuries Due to Defective Products
Certain requirements are imposed by law on companies that manufacture products and sell them to be used by others. Products placed in the stream of commerce must meet safety standards required by law. Fortunately, the vast majority of products are safely and responsibly made. When someone is injured because of a defective product, North Carolina law allows the injured party to recover damages caused by that injury.
We have represented people who have been injured by a variety of defectively made products, including exercise equipment, automobiles and ladders. Back to Top »
Disputes with Insurance Companies over Coverage
People and businesses buy many types of insurance coverage: homeowners; automobile; fire; liability; theft; life; disability; and business interruption. When a claim arises and that claim is reported to your insurance company, the insurance policy and North Carolina law impose a number of obligations upon the insurance company. When insurance companies fail to honor their obligations under the insurance policy by not paying a fair amount for your loss promptly and fairly, they can be liable under North Carolina law for their failure to do so. In certain instances, insurance companies' actions amount to bad faith or unfair and deceptive trade practices under the provisions of North Carolina law.
Insurance policies and North Carolina law place various requirements upon someone making a claim for insurance coverage. We represent individuals and businesses in disputes with their insurance companies when insurance companies either unjustly refuse to pay claims, do not timely investigate the claims or attempt to settle claims for much less than the claims are worth. Fire loss, water or wind damage and loss, claims of fraud, theft, vandalism and arson, as well as failure to pay on life, health and disability insurance are all areas in which we have represented people and companies, involving personal, business and commercial policies. Back to Top »
Whistleblower, Reporting Fraud Against the Government
The term “whistleblower” was originally used to describe an individual who reported illegal actions of a company or corporation that was defrauding the government. Congress has established laws to protect whistleblowers and rewarded them for helping the government stop fraud. Under the Federal False Claim Act, and recently enacted North Carolina False Claim Act (also sometimes known as “Qui Tam” actions), a whistleblower or “relator” (as defined by the False Claim Act) often possess inside information of fraud and abuse against the Government. Often such abuses include Medicaid and Medicare fraud, government contracts, purchasing and procurement fraud, toxic waste disposal and misuse or abuse of company funds by directors and officers. When a “relator” blows the whistle on such fraud and abuse, federal and state law protects the individual from retaliation by the employer and allows the individual to participate in any financial recovery against such companies who perpetrate wrongdoing. Attorneys at Knott, Berger & Miller have experience protecting the rights of whistleblowers, both as they attempt to bring to light fraudulent or abusive actions against the government and as they assert their rights under the False Claims Acts of both the Federal and State governments.
If you have evidence of illegal actions or fraud by either an individual or a company that has impacted either the United States or North Carolina governments, contact us to discuss how to proceed. We can explain how you can protect your rights while reporting the wrongdoing. We do not charge for our initial consultation. Back to Top »
Small Businesses in Litigation Matters
We represent small businesses that find themselves in disagreements where litigation is inevitable. With decades of litigation experience in North Carolina state and federal courts, we have expertise in a wide variety of business-related questions, including contracts, insurance coverage issues, employment matters, and other situations where businesses are required to turn to the legal system to enforce their rights.
In addition to taking the matter to court, there are a variety of Alternate Dispute Resolution (ADR) options that many times can result in a quicker, less expensive resolution of your conflict. If you are in a dispute with an individual or another business that you have been unable to work out, we can help you seek the best resolution to your problem. Back to Top »
Land Condemnation
WWhat might seem unfair is actually lawful. The federal, state and local governments can condemn your land, and even your home, for public use. Under eminent domain laws of the U.S. and State Constitutions, the government can take your home, farm, and business property for the sake of planned development, parks, stadiums, airport expansions, highway projects and other public use projects.
Although the law allows for the government to condemn your land, our firm can make sure that the government pays you fair market value for your real estate. Before your property is converted to a public project, the government must offer you "just compensation" for your property. Often, their offer for "just compensation" is well below fair market value. Allow our lawyers to assist you in receiving the fair and reasonable value for your property. Our fee will be based upon on the amount of money that we recover above and beyond the original offer. To learn more about your rights regarding eminent domain, please contact us. Back to Top »
Simple Wills
It is generally a good idea to have a will, especially if you are married and wish for all your assets to go to your spouse as quickly and easily as possible upon your death. A will is also critically important for parents of young children, because a will is the only means by which the law allows you and your spouse to designate the person or persons whom you wish to become the legal guardian of your children if you die together, such as in an accident. If you do not have a will, upon your death the law requires that your probate assets be distributed according to North Carolina's intestate laws, which are complicated and with which most people are not familiar.
In addition to these important considerations, having a will is also a good idea for the following reasons:
- having a will allows you to choose the person (the "Executor") who will be in charge of gathering your assets and distributing them to according to the will upon your death
- having a will allows you to choose the age you wish for your children or grandchildren to attain before they receive their inheritance outright; if you die before they reach this age, you can set up a trust in your will and name a trustee to manage their inheritance for them until they reach the age that you choose
- having a will allows you to waive the requirement that your Executor post a bond with the Clerk of Court during the administration of your estate, which can be a significant expense
- having a will allows you to choose specific persons to receive possessions with great sentimental value, such as family heirlooms, wedding rings, etc.
Estate Administration
When someone dies, North Carolina law has a procedure by which that person's estate must be administered.
We can assist you with setting up and administering an estate if an estate is required. In the event you believe the death is a result of another's negligent act, an estate must be set up before you can proceed with a claim for wrongful death. Back to Top »
Power of Attorney
In addition to a will, another important estate planning document that you should consider is a general durable power of attorney.
This is a document that allows you to name a specific person(such as your spouse or adult child) to handle financial matters on your behalf if you become incapacitated, either temporarily or permanently, during your lifetime. A significant advantage of having a general durable power of attorney is that it allows your family to avoid court proceedings to have you declared incompetent before anyone can act on your behalf. Back to Top »
Health Care Power of Attorney
A health care power of attorney is a document that allows you to name an agent, i.e. a specific person (such as your spouse or adult child) to make decisions about medical treatment for you, and to communicate those decisions to your doctors, if your doctor determines that you are unable (either temporarily or permanently) to make and communicate those decisions yourself.
A properly drafted health care power of attorney can limit the types of medical treatment decisions your agent can make, or it can confer the broadest possible authority on your agent. Back to Top »
Living Wills
A "Living Will" (the proper legal name in North Carolina is "Advance Directive For a Natural Death") is a document that allows you to instruct your family and your doctors to withhold or withdraw certain life-prolonging measures in certain situations. Back to Top »
