- Brent Adams | August 25, 2007 8:37 AM |
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MiscellaneousMost people are aware that liability insurance is compulsory in North Carolina. Each owner of an automobile is required by law to have liability insurance which pays a minimum of $30,000.00 to anyone injured as a result of a negligent driving.The insurance is tied to the car, not the driver.The driver, however, could lose his operator's license permanently if he is driving a car that is not...
- Christina Medlin | August 24, 2007 9:00 AM |
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Automobile AccidentsWhen you are involved in a car accident most people suffer from acute to severe whiplash. Whiplash is injury to the spine caused by an abrupt jerking motion, either backward, forward or from the side. The pain associated with whiplash stems from the stretching or tearing of the soft tissue from the head jerking in a particular direction. Vehicles come equipped with headrest in hopes of...
- Brent Adams | August 23, 2007 12:03 PM |
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MiscellaneousWhen a personal injury case is settled and the victim receives money from the insurance company which insures the negligent party, many times the health insurance carrier makes a claim against the victim for medical bills paid by the medical insurance company.The medical insurance company claims that they have right of "subrogation" and that as such they are entitled to be reimbursed for any...
- Brent Adams | August 22, 2007 12:02 PM |
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MiscellaneousWhen an individual has a personal injury claim arising out of the negligence of another, that claim could be subject to a Medicare lien.The Medicare lien means that when a recovery is obtained from a third party, the lawyer is legally bound and obligated to pay the Medicare claim from the proceeds of the recovery from the negligent party.If Medicare pays medical expenses arising out of an injury...
- Sheila Chavis | August 21, 2007 10:09 AM |
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MiscellaneousPatients who were exposed to hydraulic fluid during surgery at Duke-affiliated medical centers have just a few more months to file a lawsuit before a three-year statute of limitations protects the hospitals and the companies connected with the error. Nearly three years ago, the public was made aware of a mix-up of major proportions at two Duke-affiliated medical centers. In January 2005, Duke...
- Brent Adams | August 16, 2007 4:55 PM |
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MiscellaneousThe North Carolina Court of Appeals has held that two guests injured in a fire during a homeowner's birthday party held at the warehouse could recover under the host's homeowner's insurance. This is true even though the warehouse party was held more than twenty miles from the host's home. The host resided in Durham and the warehouse is in Raleigh.The homeowner's policy covered this loss because...
- Brent Adams | August 15, 2007 8:25 AM |
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MiscellaneousMany people are concerned about what an investigating officer writes in an automobile accident report concerning speed and other circumstances relating to a collision. Unfortunately, insurance companies usually accept the investigating officer's statement in an accident report as being accurate. Many valid claims are denied based upon faulty information in an accident report.There is usually no...
- Brent Adams | August 14, 2007 2:16 PM |
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MiscellaneousIn previous postings, we have discussed the fact that most people who are injured in a motor vehicle collision are insured, through their liability policy obtained by the owner of the vehicle, with medical payments coverage. This coverage provides for payment, up to the limits of the policy, for medical expenses incurred as a result of injuries sustained in a motor vehicle collision. This...
- Brent Adams | August 09, 2007 9:41 AM |
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Workplace InjuriesIn workers' compensation cases, a claim is not compensable if an employee is injured while going to work or coming home from work. This is commonly referred to as the "going and coming" rule.There are numerous exceptions to this rule. One exception is the traveling salesman rule which applies to salesmen who are required in their job to travel from customer to customer. In the case of a...
- Brent Adams | August 08, 2007 1:16 PM |
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MiscellaneousThe United States Court of Appeals upheld a lower Federal Court's ruling against American Airlines. The airline forced an elderly woman to check her bag along with necessary medical devices.The airline lost her checked items.The court found that American Airlines was responsible for her subsequent death after losing the bag.The lower court has held that American Airlines should pay $226,238.81...
- Brent Adams | August 07, 2007 4:40 PM |
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MiscellaneousA North Carolina nursing home agreed to pay $350,000.00 to the family of a resident who fell from her bed and died two weeks later.The family claimed that the nursing home was negligent in failing to properly restrain the deceased. As a result, the family claimed, their relative fell from the bed and broke her hip.The deceased was found lyin on the floor but was not taken to the hospital until...
- Brent Adams | August 06, 2007 8:00 AM |
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MiscellaneousMedical providers are starting to coerce patients and prospective patients into signing agreements which seek to eliminate the patient's basic constitutional rights, including their right to a trial by jury and their right to recover full compensation for the consequences for negligent acts on the part of healthcare providers.In North Carolina, Duke Hospital and its affiliated hospitals have for...
- Brent Adams | August 05, 2007 4:03 AM |
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MiscellaneousMattel has recalled 83 defective toys that have been painted with dangerous led paint.. Mattle's Fisher-Price line imported these defective products from China. The recalled toys include the popular Big Bird, Elmo, Dora and Diego characters. The recall involves 967,000 plastic toys for preschool-age children, made by a Chinese vendor and sold in the United States from May to August.Led paint is...
- Brent Adams | August 03, 2007 8:31 AM |
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MiscellaneousThe North Carolina Court of Appeals has upheld a workers' compensation claim arising out of a back injury which was not caused by an accident or by a specific traumatic incident. In workers' compensation cases, it is usually necessary for a claimant to prove that he was injured by an "accident" in order to recover. In recent years, however, this rule has been greatly relaxed, especially with...
- Michael Byrne | August 02, 2007 7:30 AM |
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Workplace DiscriminationTen-year North Carolina Department of Motor Vehicles employee Joey Gardner didn't want to be the plaintiff in a whistleblower lawsuit. He just wanted to do his job.A 25-year veteran of North Carolina law enforcement, Gardner is an Assistant Director of DMV's License and Theft Division. License and Theft is the oldest law enforcement unit in North Carolina, being formed in the Twenties to combat...
- Brent Adams | August 01, 2007 11:32 AM |
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MiscellaneousThe Des Moines Register, a Des Moines Island newspaper, came to the aide of Marge Bode, an Iowa farm wife who bought long-term care insurance to help pay bills from nursing home care in the event she became disabled and needed it. Mrs. Bode, a farm wife who helped raise five children and provided a college education for each one of them, is 89-years-old and has been diagnosed with dementia and...