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Winston S. Kirby


Winston S. Kirby

Attorney Winston S. Kirby is a member of the North Carolina Advocates for Justice, an association of legal professionals working to protect people’s rights through the community, education, and advocacy. His areas of practice include wrongful death, catastrophic injuries, trucking accidents, automobile collisions, motorcycle collisions, sexual abuse, and products liability.

Winston is the third generation of the Kirby family to provide legal services to the citizens of North Carolina. He follows in the footsteps of his grandfather, J. Russell Kirby, a former attorney and State Senator who began practicing law in 1948, and his father, David Kirby, an admired member of the North Carolina legal community for 40 years. He took an early interest in the study of law and has worked for various attorneys in the Raleigh area since he was 16 years old.

Winston is an active member of the North Carolina Bar, The Tenth Judicial District Bar, The North Carolina Advocates for Justice, and The Wake County Bar Association. Winston has volunteered to aid students studying for the BAR exam and the North Carolina Bar Legal Feeding Frenzy Food Drive. In his free time, he enjoys college basketball, college football, playing golf, and duck hunting.

Notable Cases

  • $5.35 million settlement for a law enforcement officer killed in a trucking accident.
  • $3.75 million settlement for a worker injured when struck by a truck.
  • $1 million settlement for a woman injured by falling into an open elevator shaft.
  • $220,000 recovered for a woman that broke her wrist as a result of an automobile accident
  • $300,000 (Policy Limits) recovered for a man that was struck on the driver's side of his vehicle at highway speeds.
  • $250,000 (Policy Limits) recovered for a man that was struck head-on when a vehicle crossed the center lane.


  • National Trial Lawyers Top 40 Under 40
  • North Carolina Super Lawyers Rising Star 2020


  • North Carolina Bar
  • The Tenth Judicial District Bar
  • The North Carolina Advocates for Justice
  • The Wake County Bar Association

Winston is a graduate of The University of North Carolina at Chapel Hill (B.A. 2011) and Campbell Law School (J.D. 2015). During law school, he was a member of the Campbell Law Innocence Project, which is dedicated to exonerating wrongly convicted people and reforming the criminal justice system to prevent future injustice. In his final year, Winston externed at the Wake County District Attorney’s Office where he prosecuted criminal cases. He also attended the Academy of the Advocate in St. Andrews, Scotland, an advanced trial advocacy school, where he was honored for giving the best closing argument.

Case Results

  • $ 30,900,000 5-year-old girl trapped in defective pool drain and severely injured.
  • $ 23,300,000 Brain injuries suffered at birth, including cerebral palsy and spastic quadriplegia.
  • $ 15,000,000 Baby suffered severe brain injury after a nurse failed to properly replace her breathing tube.
  • $ 13,000,000 Error In Compounding Medication
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