Rachel Mosser: A Criminal and Civil Fight

Judge Dan Hinde

For Rachel Mosser, the ideal trifecta of a double major in English and Criminal Justice and a Juris Doctor from Campbell University School of Law positioned her for a personal injury practice at Maginnis Howard. Mosser handles traditional personal injury matters, including motor vehicle accidents, dog bites, premises liability, and daycare/school negligence.

“My English degree aids the most with storytelling,” said Mosser. “I am able to take my client’s experience on one of the worst days of their life and show how deeply that experience affected them. I can advocate for my clients in a way that is accessible and hold the insurance companies responsible for their clients’ wrongful actions.”

Day Care Abuse Cases

A growing part of her practice is daycare and school abuse and negligence.  “We are handling physical assault cases where teachers are inappropriately punishing children by picking them up by one arm and slamming them to the ground, and we have teachers forcibly removing children from the classroom by dragging them by their arms and legs,” said Mosser. “We are also handling negligence cases involving kids who were burned by near-boiling liquids that were left accessible to young children. And unfortunately, there are a few cases that are sexual in nature.”

Some of these cases have both civil and criminal elements. “There is quite a heavy overlap of criminal and civil law, especially with cases of this nature that we’re doing in personal injury.”

“A criminal case adds weight to our case when we turn around and pursue the insurance company for compensation for the child’s physical and emotional injuries. We say to the adjuster, ‘Your insured pled guilty in the criminal side of this matter – we believe it would be best to resolve the civil side of this matter without putting the child through more trauma.’”

Mosser can look at the possible criminal aspect of a personal injury case by leveraging her criminal justice degree. “As a criminal justice major, we focused on everything from our country’s laws to societal impacts of previous and current legislation.” It helped prepare her for an internship in the Wake County DA’s office, where she handled a variety of tasks, including trying misdemeanor criminal matters and traffic offenses under a third-year law practice certificate.

“What I appreciate most about personal injury cases is that we’re holding offenders accountable for their actions against children or any innocent person harmed by negligence,” said Mosser.

“It’s rewarding work to ensure that a child is appropriately compensated for the injuries that they suffered as minors. I can give their parents and that child some closure and put them in a better position for their future goals.”

A Family Legacy

Mosser’s affinity for the law was inspired by her grandfather (Herbert Carfrae Mosser), a prominent judge and lawyer in Canada. She was born in Cambridge, Ontario, and moved with her family to Greenville, South Carolina, at an early age.

“I grew up hearing stories from my dad and other family members about my grandfather’s influence in the community and impact on those he worked with,” said Mosser.  She framed a newspaper story about him “as a constant reminder of my family’s legacy in the Canadian Judicial System.”

Mosser, who has experience working in the Raleigh and Fayetteville offices of Maginnis Howard, helped aid in the coming together of firms in 2022 with the merger of Charlotte firm Charles G. Monnett III & Associates. Maginnis Howard has twelve attorneys and is continuing to grow.

“I love working for a growing firm. Working for a smaller, growing firm allows for further mentorship and personal development opportunities. “

The Great Outdoors

Mosser’s idea of vacationing includes coming face-to-face with a moose in Alaska, hiking, camping, whitewater rafting, and traveling. “The goal is to shut off from the office. I have my email linked to my phone, and many of my clients have my personal phone number. By taking a step away from technology in a more nature-focused setting, I am allowing myself to regroup and come back after my vacation even stronger.”

Bob Friedman

Robert "Bob" Friedman is the publisher of Attorney at Law Magazine North Carolina Triangle. He contributes articles and interviews to each issue.

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