Automobile Accidents,
Bodily Injury,
Property Damage


Premises Liability

Litigation

Insurance

Children's Injury Claims

Brain Injuries

Construction
Litigation




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N.C. Bar. Association




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Practice Areas

John Kirby has practiced in several areas of law, including the following areas:

  • Automobile Accidents: People sustain bodily injury, property damage, and loss of use of their automobile as a result of automobile accidents. Properly handling these losses requires a thorough understanding of automobile accidents, including accident reconstruction and interpreting police reports. It also requires a thorough accident investigation, including taking photographs from the accident scene, and interviewing witnesses. It also requires an understanding of bodily injuries incurred in automobile accidents. Injuries range from a simple muscle strain at the lowest extreme, to paralysis, brain injury, and death at the other extreme. Properly handling these cases also requires an understanding of first-party insurance, liability insurance, excess and umbrella insurance, and uninsured (UM) and underinsured motorist (UIM) coverage. John Kirby has handled hundreds of cases involving all of these issues, and has tried these cases to jury verdict. He has handled several cases involving brain injuries, and has received specialized education in cognitive psychology, including brain injuries. He has also conducted extensive research into the claims of minors (i.e. children) under North Carolina law. More information about automobile accidents pertaining to bodily injury, property damage , insurance, UM/UIM coverage, brain injuries can be found throughout this website.
  • Premises Liability: People are often injured on the property of another person, as when a patron visits a grocery store or shopping mall. Where the landowner (or other person in control of the land) was negligent in creating the dangerous condition or allowing it to exist, the injured person might be entitled to compensation from the property owner. John Kirby has handled numerous cases, for the plaintiffs and for the defendants, involving premises liability. More information about premises liability in North Carolina can be found in this website.
  • Minor's Claims: When minors are injured by the negligence of others in North Carolina, the minor might have a claim for compensation, which raises issues that are distinct from the issues raised in claims by adults. John Kirby has represented minors in personal injury claims, and has defended suits by minors. He has also taught continuing education classes to lawyers and to insurance adjusters about minor's settlements, and he is writing an Article that thoroughly addresses minor's claims and settlements in North Carolina.
  • Brain Injuries: In serious automobile accidents, or other accidents involving significant trauma, a person can sustain an injury to the brain. Brain injuries raise several complicated issues, including neurocognitive testing. John Kirby has represented clients with brain injury, and has defended lawsuits by persons asserting brain injury. He has also had special training in cognitive psychology, including the structures and functioning of the brain.
  • Product Liability: A person injured by a defective product can recover compensation for his or her injuries. These cases raise several complicated issues, such as proving that a defect in the product exists. John Kirby has represented clients on both sides of product liability disputes in North Carolina.
  • Appeals: A party can appeal from many types of rulings and proceedings in North Carolina. Properly handling an appeal requires a thorough understanding of the appellate process, including preserving errors and properly prosecuting the appeal. John Kirby has handled approximately twenty cases at the appellate level, and has argued before the North Carolina Court of Appeals and the North Carolina Supreme Court on multiple occasions. He also served as a law clerk to the Chief Justice of the North Carolina Supreme Court from 1993 to 1994.
  • Dog bite: A person bitten or attacked by a dog, or other animal, can have a claim for damages. John Kirby has defended persons in these dog bite cases, and has researched this area of law in North Carolina.
  • Insurance: People and businesses often have insurance to protect them against various losses, including damage to homes and vehicles, and liability to a third person. Insurance law in North Carolina is governed by common law, as well as statutes and regulations. John Kirby has represented insureds and insurers in numerous insurance disputes, including automobile policies, homeowners ("HO") policies, renters policies, CGL (commercial general liablity) policies, and other policies. He has also represented insurers and insureds in bad faith lawsuits filed by insureds against insurers. He has also taught insurance coverage and "bad faith" to lawyers and to insurance adjusters; he has also taught classes in uninsured and underinsured motorist coverage (a specific area of insurance law) to these industries.
  • Litigation: When parties cannot resolve their their dispute outside of court, they can file a lawsuit, which results in "litigation." Litigation in North Carolina involves a complex process of pleadings, discovery (including depositions and subpoenas), mediation, motions, trials, and appeals. John Kirby has tried civil and criminal cases to jury verdict in North Carolina. He has represented plaintiffs and defendants in such actions, including actions for legal malpractice. A list of representative cases can be found in this website, which includes many cases that John Kirby handled in litigation.
  • Construction Litigation: Construction projects (residential or commercial) in North Carolina raise numerous complicated relationships, involving the general contractor, subcontractors, owner, architect, inspector, and insurers and sureties issuing various insurance policies and bonds(e.g. CGL policy and builder's risk policy, performance and payment bonds). John Kirby has represented several of these parties in numerous lawsuits arising from construction defects. These construction defects in North Carolina often result in water (moisture) intrusion, and can also result in mold. John Kirby has also represented insurers and conducted extensive research into the insurance coverage for these losses.

John Kirby also handles other matters ranging from traffic tickets, business and contract law and disputes, and civil rights.