An Update on North Carolina Medical Malpractice Law
June 21, 2021
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Jeremy M. Wilson
Litigation Attorney
Jeremy leads the Personal Injury and Wrongful Death practice. He has extensive experience litigating claims for wrongful death, serious personal injury, and a broad range of civil litigation before state and federal courts, including cases involving vehicle accidents, professional malpractice, premises liability, products liability, and class actions, among other areas. He also has litigated numerous cases involving complex insurance coverage issues and "bad faith" claims.
In addition, Jeremy represents clients in business litigation cases, having represented numerous entities (from small area businesses, to financial institutions, to large corporations) in matters including contract and intellectual property disputes. He also has extensive experience in other areas of litigation, such as trusts and estates and eminent domain cases.
Jeremy has represented clients in numerous jury and bench trials, and has extensive experience and training in trial advocacy. He also represents clients in all other phases of litigation, including arbitrations, mediations, hearings, depositions, and appeals before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the United States Court of Appeals for the Fourth Circuit.
Education
- J.D., with highest honors (graduated first in class of 248), The University of North Carolina School of Law, 2011. Order of the Coif, Editor in Chief, North Carolina Law Review, Chancellor's Scholar (full academic scholarship), James E. and Carolyn B. Davis Society, Honors Writing Scholar.
- M.P.P., Duke University, Terry Sanford School of Public Policy, 2011.
- B.A., with highest honors and highest distinction, Phi Beta Kappa, The University of North Carolina at Chapel Hill, 2005. Carolina Scholars Award (full academic scholarship).
Representative Experience
- Representation of clients in bench and jury trials involving serious personal injuries.
- Representation of minor child injured in utero when mother's vehicle was struck by a corporate truck. Child was born with personal injuries stemming from the wreck. Case resolved during litigation for $2,500,000.
- Representation of estate of individual who died as a result of a Mecklenburg County car wreck. Contributory negligence defense was asserted by opposing party. Claim ultimately resolved for $1,000,000.
- Representation of woman who suffered two broken legs and a broken arm, in addition to related injuries, in Sampson County car wreck. Permanent limitations and other effects from injuries. Claim ultimately resolved for $1,000,000.
- Representation of estate of elderly pedestrian who died after being hit by a passing car as she was gardening around her mailbox. Because there were no estate beneficiaries, the value of the claim was based solely upon the elements of the survival claim—medical expenses and pain and suffering. Claim resolved for $975,000.
- Representation of injured driver who suffered an L1 compression fracture and related injuries. Wake County jury trial in which $400,000 was awarded to the injured party. (The highest pre-suit offer had been $50,000.)
- Representation of out-of-state individual severely injured when his rental van was hit by a propane truck that failed to yield at an intersection. Claim resolved for $500,000.
- Representation of business owner who suffered a mild traumatic brain injury in an automobile accident. The case went to arbitration and the client received a $450,000 arbitration award.
- Representation of client who suffered a broken arm and related injuries in a golf-cart accident. Claim resolved for $225,000.
- Representation of child injured in dog-bite incident. Claim resolved for $119,000.
- Representation of client who suffered an index-finger ligament injury in vehicle accident. The case went to arbitration and client received a $95,000 arbitration award.
- Representation of disinherited estate beneficiary in claims for undue influence and lack of capacity. Claim resolved for $950,000.
- Representation of numerous individuals and businesses in coverage disputes and bad faith claims with insurance companies, including coverage for losses stemming from car wrecks, fires, and hurricane damage.
- Representation of landowners in eminent domain disputes, including with the North Carolina Department of Transportation and other government entities in cases involving the "Map Act."
- Representation of local businesses in various business, contract, and intellectual property disputes. (Such representation has included all phases of litigation--hearings, mediation, arbitration, and trial.)
Honors and Distinctions*
- "Rising Star," North Carolina Super Lawyers, 2017-2021
- "40 and Under Hot List," Benchmark Litigation, 2018-2020
- "The Best Lawyer in America, 2020-2021
- "Rising Star," North Carolina Lawyers Weekly, Inaugural Class of 2019
- "Legal Elite," Business North Carolina, 2019, 2021
- "Top 40 Under 40," The National Trial Lawyers, 2019-2021
Professional and Community Affiliations
- Brain Injury Association of North Carolina (board member), Present
- Brigade Boys & Girls Club (CORPs Leadership Team executive committee; Youth of the Year Mentor; volunteer), 2012-2016
- First Presbyterian Church (member, usher)
- Greater Wilmington Chamber of Commerce (Leadership Wilmington Alumnus, Class of 2013; Public Policy Advisory Board)
- Lawyers 4 Literacy (Snipes Elementary School, Spring 2015)
- New Hanover County Industrial Facilities and Pollution Control Financing Authority (vice-chair), 2013-2015
- New Hanover County Parks Conservancy Board (president; chair, Policy Committee; member, Volunteer Committee), 2014-2018
- North Carolina Advocates for Justice (Board of Governors; Auto Torts Executive Committee; numerous other committee assignments) (CLE/conference presenter and article author on numerous topics involving personal injury claims and trial advocacy)
- North Carolina Bar Association—Section: Litigation
- North Carolina Bar Association Foundation (4ALL Committee Member), Present
- North Carolina Bar Association Leadership Academy (Class of 2017)
- Porters Neck Country Club, Board of Trustees, Present
- Teach For America, Eastern North Carolina
- University of North Carolina School of Law (Alumni Engagement Committee), Present
- Wilmington Area Rebuilding Ministry (board member; volunteer), 2013-2016
- Wilmington-New Hanover County Port, Waterway, and Beach Commission (board member), 2016-2018
Admitted to Practice
- North Carolina, 2011
- All state courts in North Carolina
- United States Court of Appeals for the Fourth Circuit
- United States District Court for the Eastern, Middle, and Western Districts of North Carolina
About Me
What I Admire Most About My Clients
I frequently represent clients facing tremendous challenges—such as individuals who have suffered serious personal injuries or other loss. What I admire most is the strength and determination they demonstrate in these very difficult situations.
Working at Ward and Smith
The best thing about Ward and Smith is the people. We have great, capable attorneys, paralegals, and other staff who are smart, funny, and work incredibly hard for our clients and each other.
Personal Information
Before graduate school, I taught high school math for two years—first in Houston, Texas, and then in Vance County, North Carolina. I taught through the Teach For America program, which places recent college graduates as teachers in high-need school districts throughout the United States.
My wife is a teacher, and we have a daughter named Addie, a son named Calvin, and a labradoodle named Gatsby.
If I could live anywhere, I would still choose to live in Wilmington, NC. I'm a Wilmington native, as is my wife. It's a great place to live and raise a family.
My favorite book is The Great Gatsby, F. Scott Fitzgerald, 1925.
My favorite quote is: "Believe you can and you're halfway there." -Theodore Roosevelt
* Please see the following websites for an explanation of the membership standards for the following recognitions: www.bestlawyers.com; businessnc.com/special-sections/legal-elite/; and www.superlawyers.com/north-carolina.
