Brian F Davis
The Best Lawyers in AmericaBrian 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.
- Legal Malpractice
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Products Liability
- Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
- Car Accidents
- Free Consultation
- Contingent Fees
- North Carolina
- 4th Circuit
- Federal Circuit
- U.S. Supreme Court
- 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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- 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
- Website
- Website
- 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 ... Read More
- 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.