2015-12-02T10:52:51+00:00
611, 2018

Exceptions To The One Bite Rule In North Carolina

By | November 6th, 2018|Categories: Dog Bite|Tags: , , , , |

North Carolina dog owners are responsible for injuries caused by their pets if they know that the pet is dangerous. Normally, in order for a dog owner to be held responsible for injuries caused by their dog, it must have exhibited some aggressive behavior, or have bitten or injured someone in the past, putting the owner on notice that the dog is potentially dangerous. There are some circumstances, however, in [...]

3010, 2018

Cyberbullying and Wrongful Death 

By | October 30th, 2018|Categories: Wrongful Death|Tags: , , , , |

School bullying is not new, of course, but social media has allowed bullies to take their tormenting to a new level, often making it impossible for their victims to escape, even in the privacy of their own homes.   Cyberbullying can become so intense that victims often suffer from severe anxiety and depression. Tragically, some victims end up taking their own lives. The family of a teen suicide victim in California has filed a wrongful [...]

2310, 2018

The Role Of Expert Witnesses In Medical Malpractice Cases

By | October 23rd, 2018|Categories: Medical Malpractice|Tags: , , , |

  Medical malpractice cases in North Carolina are governed by statute. North Carolina medical malpractice laws govern time limitations, places limits on certain damages while outlining requirements for the evidence required in medical malpractice suits.    Expert Review Required  North Carolina is more restrictive than many states when it comes to medical malpractice cases. Before a malpractice action can be filed against a physician or health care facility, the claimant must employ an expert to review [...]

1610, 2018

New Rules For Pain Management Treatment By Worker’s Compensation Physicians 

By | October 16th, 2018|Categories: Workers Compensation|Tags: , , , , |

If you are injured on the job, worker’s compensation insurance will pay your medical expenses, including long-term expenses like physical therapy and rehabilitation services. In many cases, workplace illnesses or accidents result in long-lasting or chronic pain, which is treated by pain management therapy.    Pain Management Changes For Worker’s Compensation Claimants  Pain management may take many forms, including regular physical therapy, periodic steroid or corticoid injections,  and medication. The North Carolina Industrial Commission has [...]

910, 2018

Trick-Or-Treating and Halloween Safety 

By | October 9th, 2018|Categories: Accident And Injuries|Tags: , , , , , |

Fall is in the air and Halloween is right around the corner. With parties for both children and adults, trick-or-treating in malls, churches, and on the streets, haunted houses and corn mazes, there are plenty of opportunities for family fun. However, there are also plenty of opportunities for accidents.     Tips For Keeping Safe During Halloween  Safe Kids Worldwide, a non-profit organization dedicated to children’s safety, publishes a list of Halloween safety tips [...]

210, 2018

Leash Laws and Liability For Dog Bites 

By | October 2nd, 2018|Categories: Dog Bite|Tags: , , , , , |

You are walking down the sidewalk in your neighborhood, minding your own business, and your neighbor’s dog runs up and sinks its teeth into your leg. Your neighbor is responsible, right? After all, the dog wasn’t even on a leash! You may be surprised to find out that your neighbor is not automatically responsible for your medical bills. That may depend on the dog’s history, the time of day, end even where you live in [...]

2609, 2018

Suing the Government in Monroe, NC

By | September 26th, 2018|Categories: Accident And Injuries|Tags: , , |

Normally, when you are injured on someone’s property, you may be able to assert a claim for your damages if you can prove that the owner failed to maintain the property, failed to warn you about a known hazard, or allowed a hazard to remain after being informed of it. What happens when the owner of the property is the government? Injuries that occur in public parks, swimming pools, or [...]

1809, 2018

School Bus Accidents in Hickory, NC

By | September 18th, 2018|Categories: Accident And Injuries, Auto|Tags: , , , , |

It’s September already, and the kids are back in school. When you put your children on a school bus, you are entrusting their safety to the driver, an employee of the city. You are also trusting other drivers to know and follow the laws relating to approaching and passing school buses.  Take Extra Precautions  All drivers traveling in both directions are required to stop for a school bus when it [...]

1109, 2018

Rear-End Collisions in North Carolina

By | September 11th, 2018|Categories: Accident And Injuries, Auto|Tags: , , , , |

If you are injured in a rear-end collision, you may assume that the driver who hit the back of your vehicle will automatically be found to be at fault. In most cases, your assumption would be correct; however, there are some circumstances where the driver in front may share some responsibility.   Contributory Negligence  Two North Carolina rules of law may come into play in a rear-end collision case. The first [...]

409, 2018

Time Limits For Wrongful Death Actions In North Carolina

By | September 4th, 2018|Categories: Wrongful Death|Tags: , , , |

The legal term for civil liability when a death is caused by the negligent or intentional act of another is “wrongful death.” The North Carolina wrongful death statute governs who can file a claim for wrongful death, and the time limits for pursuing a claim. This time limit is called the statute of limitations. In most cases, the statute of limitations for wrongful death in North Carolina is two years [...]

2808, 2018

Standard of Care in North Carolina Medical Malpractice Cases

By | August 28th, 2018|Categories: Medical Malpractice|Tags: , , |

If a health care professional makes a mistake and a patient is injured or killed, an action for medical malpractice may be brought against the person or entity responsible for the injury. In any medical malpractice case, you must prove that the doctor or hospital failed to exercise the proper standard of care in the treatments. What exactly is the standard of care, and how can you prove that a [...]

2108, 2018

Worker’s Compensation for PTSD 

By | August 21st, 2018|Categories: Workers Compensation|Tags: , , , , |

The American Psychological Association recognized Post Traumatic Stress Disorder (PTSD) as a unique psychological condition in 1980, and characterized the condition as a series of symptoms brought on by a traumatic event.   Originally applied to veterans returning from combat, PTSD has since been recognized as a condition that can result from witnessing or experiencing any unusual traumatic event.  Common Symptoms of PTSD  Intrusive recollection or “flashbacks” - PTSD sufferers often experience flashbacks of the traumatic [...]

1408, 2018

ATV Injuries in North Carolina

By | August 14th, 2018|Categories: Accident And Injuries|Tags: , , , , |

All-terrain vehicles, or ATVs, are popular with adults, teens, and children in North Carolina. It is important to exercise caution when riding an ATV, as they can be dangerous. Over 650 people die each year in ATV accidents and close to 100,000 more suffer an injury of some kind. Before operating an ATV in North Carolina, you should familiarize yourself with state laws regarding their use:  ATVs are not allowed on public roads, except when crossing.  Children under the age [...]

808, 2018

Breed Specific Dog Bite Legislation in North Carolina

By | August 8th, 2018|Categories: Dog Bite|Tags: , , , , |

North Carolina, like many states, follows a “one bite” rule in determining an owner’s liability for injuries inflicted by pets. If a dog has previously bitten or attacked someone, or has been declared by a local animal control agency to be “potentially dangerous,” the owner is on notice that their pet is dangerous, and will be held strictly liable if the pet injures someone. Strict liability means that the owner [...]

108, 2018

Dash Cam Evidence in Car Accidents

By | August 1st, 2018|Categories: Auto|Tags: , , , , |

Police dash cam footage has been in the news a lot in recent years, mainly as it relates to showing events that led to an arrest or shooting of a suspect. As the price of dash cams decreases, more private citizens are installing them on their own vehicles. A typical dash cam can cost between $50 to $200, and can be installed easily.    Are Dash Cams Legal in North Carolina?  [...]

2407, 2018

Pool Accidents And Premises Liability 

By | July 24th, 2018|Categories: Accident And Injuries|Tags: , , , , |

Summer is here, with the hot, humid weather that signals the flight of the snowbirds back to Canada and other points north. For full-time residents of the southern states, summer time means pool time. For an unfortunate few, a fun day at the pool can end in tragedy. When we think of the possible dangers of public or private swimming pools, the first thing that comes to mind is the [...]

1707, 2018

Multi-Million Wrongful Death Verdicts Against Dialysis

By | July 17th, 2018|Categories: Medical Malpractice, Wrongful Death|Tags: , , , , |

In March of this year, a Colorado jury awarded a verdict of nearly four million dollars to the families of three families whose loved ones had died of cardiac arrest after being treated at dialysis centers run by DaVita, Inc. DaVita operates hundreds of dialysis centers throughout the country. Additional lawsuits have been brought against the manufacturer of the dialysis treatment drug Granuflo, used in the treatment of the Colorado [...]

1007, 2018

When Is A Doctor Responsible For Opioid Overdose? 

By | July 10th, 2018|Categories: Medical Malpractice|Tags: , , , |

Opioid addiction is one of the most dangerous health crises in America. According to the National Institute on Drug Abuse, more than one-quarter of patients who are prescribed opioids for pain relief misuse the medications, and between eight and twelve percent end up addicted. Each day, 115 people in the United States die of opioid overdoses; three of those are North Carolina residents. Despite these alarming statistics, millions of people are prescribed medications like hydrocodone, oxycodone, fentanyl, [...]

207, 2018

Fireworks Safety In North Carolina

By | July 2nd, 2018|Categories: Accident And Injuries|Tags: , , , , , |

Every year, Americans celebrate their independence, and many of us believe the holiday is not complete without fireworks.   President John Adams wrote a letter to his wife on July 3, 1776, in which he said that Independence Day should be celebrated with “Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this Continent to the other from this Time forward forever more.” If you decide to forego the [...]

2606, 2018

Civil Liability For Providing Alcohol To Minors And Intoxicated Persons In North Carolina  

By | June 26th, 2018|Categories: Accident And Injuries|Tags: , , , |

Despite crack-downs on underage drinking on college campuses, we continue to see news reports about students under the age of 21 being injured or killed as a direct result of consuming alcohol. In a recent incident, a 20 year old student was killed in a fall from a “party bus.” Tests showed that she had been consuming alcohol prior to the incident. Underage drinking is not a new phenomenon, of course, but questions always arise: Who provided alcohol [...]

2006, 2018

Keeping Safe When Riding A Bicycle In North Carolina

By | June 20th, 2018|Categories: Accident And Injuries|Tags: , , , |

Now that the weather has warmed up, there’s no excuse to avoid getting out and getting some exercise. Cycling is a great way to get some exercise and get from place to place at the same time. Sharing the road with cars, trucks, and motorcycles, though, can be dangerous. Knowing the rules of the road will help avoid accidents.  Despite what some motorists may believe, bicycles are allowed on all [...]

1306, 2018

Dangerous Animals In Our Neighborhoods

By | June 13th, 2018|Categories: Dog Bite|Tags: , , |

According to the SPCA, Americans own 78 million dogs and 85.8 million cats. Most of them are well-behaved, but accidental bites and scratches happen. What happens when the bite is not entirely accidental? Most people have a story about the one dog in the neighborhood that everyone avoids. Often, neighbors are frustrated by the local authority’s apparent lack of concern over the presence of dangerous animals in residential areas.   The [...]

706, 2018

Cell Phone Evidence In North Carolina Auto Accident Cases 

By | June 7th, 2018|Categories: Auto|Tags: , , |

Drunk driving accidents claim the lives of over 10,000 people per year, according to the National Highway Traffic Safety Administration. Another 3500 people were killed in distracted driving crashes. Although many states outlaw texting or even talking on cell phones while driving, cell phone use accounts for many incidents each year and continues to increase.  What Happens After An Automotive Accident?  After an accident, investigators immediately start gathering evidence to determine the exact [...]

2905, 2018

How Much Is An Injury Case In A Tractor Trailor Accident Worth? 

By | May 29th, 2018|Categories: Auto|Tags: , , , , |

Although we depend on tractor trailers to haul the food and other goods that we all need, the presence of so many large, heavy vehicles on the roads inevitably leads to accidents. Unfortunately, in a tractor-trailer accident, drivers or passengers in smaller, lighter vehicles are more likely to be seriously injured or killed than in accidents involving other cars. Nearly three-quarters of the fatalities in multiple vehicle collisions involving tractor-trailers [...]

2205, 2018

Who Pays Workers’ Compensation Claims?

By | May 22nd, 2018|Categories: Workers Compensation|Tags: , , |

Workers' Compensation laws exist in every state and are designed to allow injured workers to receive compensation for medical expenses and lost wages without having to sue their employers. Workers' Compensation laws are no-fault, meaning that an injured employee does not have to prove that his employer was negligent in order to be compensated for an on-the-job injury. Laws vary from state to state. Who Needs Workers' Comp Insurance? In [...]

1705, 2018

The One Bite Rule In North Carolina

By | May 17th, 2018|Categories: Dog Bite|Tags: , , , |

There are several ways to recover damages against the owner of a dog who injures a person in North Carolina. The first is by proving that the owner of the dog was negligent in some way, for example, that the owner had some reason to believe that the dog could cause harm and still allowed the dog to interact with people. The “one bite rule” is a way in which [...]

1505, 2018

Self Driving Uber Vehicle Hits And Kills Pedestrian In Arizona

By | May 15th, 2018|Categories: Auto|Tags: , , |

The first gasoline-powered automobile was invented by Karl Friedrich Benz in 1885 – the first recorded automobile accident occurred soon after, in 1891, when a car ran into a tree. Legend has it that the only two automobiles in Ohio collided with each other for the entire year in 1895, a story that, while unproven, makes a pretty good joke. The fact is, new technology inevitably brings about new risks. [...]

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