Brian F Davis

Brian F Davis

The Best Lawyers in America
  • Legal Malpractice, Personal Injury, Products Liability
  • North Carolina
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Summary

Brian is a Western North Carolina native, having been born and raised in Asheville. He attended Enka High School and then UNC-Chapel Hill for college. Brian attended Wake Forest University School of Law. After passing the Bar Exam, Brian practiced law in the Raleigh area, focusing his practice on serious personal injury, catastrophic injury cases, and wrongful death cases, for almost 20 years. He then moved his family and his law practice back to Asheville. Brian is an aggressive litigator who enjoys trying cases in the courtroom. He is very direct with his clients and with opposing counsel, does not candy-coat the situation, and generally calls it like he sees it. In his spare time, Brian enjoys spending time with his wife and 3 boys, riding bikes and motorcycles, hiking and camping, and otherwise spending time in the outdoors.

Practice Areas
  • Legal Malpractice
  • Personal Injury
  • Products Liability
Additional Practice Area
  • Car Accidents
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
North Carolina
4th Circuit
Federal Circuit
U.S. Supreme Court
Professional Experience
Member
The Best Lawyers in America
- Current
Selected by peers for admission into Best Lawyers
National Advisory Board Member
Association of Plaintiff's Interstate Truck Lawyers of America
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National Adviser to APITLA, National Speaker on Truck Litigation, Continuing Legal Education Co-Chair for State CLEs in NC
Board of Governors - elected member
North Carolina Advocates for Justice
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Education
Wake Forest University School of Law
J.D. / Law
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Honors: American Jurisprudence Award - Trial Practice
University of North Carolina - Chapel Hill
Political Science
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Honors: Dean's List
Websites & Blogs
Website
Website
Blog
North Carolina Injury Attorney Blog
Legal Answers
12 Questions Answered

Q. My wife died 2-07-10.she had an un settled claim from a vehicle accident.the claim settled in 03-2010.i opted not to be
A: If you were married, and your wife was killed in an accident, and there was a recovery for her death, then you are entitled to a portion of that recovery. If she died without having a will, then the proceeds of the settlement would be distributed under the NC Intestate Succession Act. If the attorney who has the money refuses to give you your share, then you should consult with another attorney to help you get what you deserve. You could also contact the NC State Bar and seek their help.
Q. I cut my finger on a metal napkin-holder. Starbucks apologized, gave me a 'gift card,' but I needed stitches. Can I sue?
A: You can always sue, but the bigger question is should you? In this situation, you would most likely see a defense raised by Starbucks called Contributory Negligence. This means that they would likely claim you were negligent yourself in some small amount. In NC, if a jury finds any contributory negligence by the injured person, then there is no recovery for the injury. This is a harsh rule for injured persons. Since I do not know the exact way that you cut your finger, I can not accurately comment on your chances of making a recovery. You can always make a claim with Starbucks' insurance company to see if they will voluntarily pay you for your medical bills and perhaps an amount for your pain and suffering. If they refuse, then you should consult with a personal injury attorney.
Q. How can I find successful MRSA lawsuits in North Carolina?
A: You could contact the North Carolina Academy of Justice (919-832-1413). They track all medical malpractice / hospital negligence verdicts in NC. They should be able to provide you with a report and/or the name of an attorney who could get you the information you desire.
Q. I have an assigmnet on admissions and genunineness of documents for a train accident any suggestions
A: I take it from your question that you are involved in litigation arising from a train accident. A request for admissions is a very serious and legally binding document used in the discovery phase of a civil case. A request for admission regarding the genuineness of a document is designed to get the opposing party (you) to admit that the document is real and not a fake or forgery, and that it is admissible in court if it is otherwise relevant to the case. A party to a lawsuit will often use this technique to avoid having to subpoena the original documents to trial. Be careful if you admit the request, because once you admit something, it is considered binding for the remainder of that case. Ideally, you should have a lawyer prepare your responses to discovery.
Q. Looking for the best personal injury attorney in Raleigh, nc. I fell in Walmart store on 1/1/11 due to slippery floor.
A: There are a number of excellent attorneys in Raleigh to help you with this. I practiced there for 20 years before moving to Asheville, and I personally know most of them. I would suggest you contact my former law partner, John McCabe, who's office is in Cary. John and I tried a case several years ago against Wal-Mart for just such a situation and got a great verdict for our client. Wal-Mart takes a very hard line on these cases, so you need to realize going into this that you may very well have to go all the way to trial. There are not many lawyers who will go after Wal-Mart due to their aggressive / settle no case approach.
Q. Do certain types of minor car accidents, no other cars involved, get a court case dismissed?
A: Generally, if there were no other cars involved, and you ran a stop sign, the case should get dismissed. Most stop sign charges arise out of an officer actually seeing you run the stop sign. Here, the officer has no first hand knowledge of your running the stop sign. To play it safe, I would hire a lawyer to help you get this dismissed. If nothing else, you should be able to get it reduced to a lesser charge, like improper equipment, so it does not cause your insurance rates to increase.
Q. How many days does a party have after being served to respond to a lawsuit?
A: In most states, you have 30 days to respond to a civil action filed in state court and 20 days if filed in Federal Court. You would need to check the Rules of Civil Procedure in your state to find out the specific answer for your state.
Q. Total hip replacement were Depuy Metal on Metal implant was used is this product liablitiy case or medical mal practic
A: In most situations, a defective medical device is treated as a products liability case and not a medical malpractice case. Unless you have evidence that your doctor breached the medical standard of care (medical negligence) during the surgery or knew that the device was defective when he/she did the surgery, then I do not believe you have a viable medical malpractice case. Many cases have been filed against Depuy arising out of these metal on metal implants. If you have such a case, you should contact an attorney in your area to help you.
Q. What is the law in NC on personal injury?
A: In general, if you have been injured as a direct result of another person's negligence, then you have the right to recover from that person or their insurance company for your medical bills, pain and suffering, including mental anguish, as well as for other things like permanent injury, scars and disfigurement, lost wages, lost earning capacity, and future medical expenses. You have 3 years from the date of your injury in which to either settle your case or file a law suit. If you fail to file suit before the 3rd anniversary of your injury, then your right to recover will be forever barred and you will not be able to pursue your case. Good luck!
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Contact & Map
Davis Law Group
1 North Pack Square
Suite 412
Asheville, NC 28801
USA
Toll-Free: (888) 773 Ext. 8388
Telephone: (828) 350 Ext. 7700
Fax: (888) 454 Ext. 5291