Raleigh Personal Injury Lawyer - Automobile Accidents

Raleigh N. C. Six Year Old Killed At School Bus Stop

Brent Adams — Sat, 22 Aug 2009 21:44:11 GMT

It is back to school time in North Carolina and unfortunately, these first few days of school have left one child fatally injured as she exited her bus.

A six year old was hit and killed at her bus stop in Raleigh this week.

The girl, Ashley E. Ramos Hernandez was getting home from school at Green Elementary School. As she was exiting the bus, Geraldine Baron Deitz hit the child with her SUV.

Geraldine Baron Deitz, 83, was driving behind the bus. Although the bus's warning signals and lights were in fact on, she failed to stop. Eyewitness reports state that she seemed to have slowed down but did not come to a full stop before she passed the bus. At that point, she hit the child.

Tragically, Ashley died from a result of her injuries.

A driver behind Deitz's SUV did stop and got out to help Ashley until the paramedics arrived on the scene. The driver, Thomas Ernest Waters, provided eyewitness testimony to the police about what occurred.

As children head back to school, this is a tragic reminder of how easily a child may be hurt, or even killed when bus signals are ignored.

Should Ashley's family seek out legal advice and file personal injury charges against Deitz, the fact that Deitz failed to stop even with the warning signals is significant. Individuals who are driving alongside a bus must obey these signals.

It is also North Carolina law that drivers remain at least 100 feet behind the bus to allow enough time to stop quickly.

There are stiff criminal penalties for failing to stop for a stopped school bus. More importantly, Ashley's family has effective legal remedies against the negligent driver. Hopefully the Deitz vehicle is insured for more than the minimum $ 30,000 liability insurance coverage that North Carolina law requires.

Personal injury lawyers can help drivers, pedestrians and others who become the victim in situations like this. If you or someone you know has been in a situation where you were injured because someone else failed to abide by laws, contact a personal injury attorney as soon as possible.

Originally posted at InjuryBoard by Brent Adams

North Carolina Takes Action To Reduce Teenage Deaths

Brent Adams — Sat, 18 Apr 2009 16:48:45 GMT

Over 550 teenagers were killed motor vehicle collisions in North Carolina during the past four years.

Motor vehicle collisions are the leading cause of deaths among 15 to 20 year olds.

If a teen driver has injured you, you may not be alone. In a recent operation done by the North Carolina Highway Patrol, some 8750 citations were issued to teen drives, all of which were in violation of the law. While many of these students will learn their lesson and become better drivers for them, others will not.

Many of these citations were small ones, like seat belts and speeding tickets. It is important to note, though, that most deaths caused by teen drivers are attributed to one of these two factors.

The North Carolina Highway Patrol launched Operation Drive to Live 2009, to reduce teen deaths. The effort was specifically to help reduce the number of teens killed during driving accidents. In the last four years, 554 teens were killed in car crashes. Still, this does not account for others killed due to the student's poor driving habits.

While it is important to crack down on teens to help prevent teen deaths, it is also important to provide restitution for every day drivers and passengers also killed by these accidents. Teenagers often take daring moves on the road, leaving other, unsuspecting drivers at risk.

If you have been injured in a motor vehicle collision, be careful not to make any of the common mistakes made by injured victims. To help you avoid these mistakes order a new free book for North Carolina car accident victims

North Carolina accidents can be reduced through improved education and discipline for teen drivers. While they do not cause all accidents on the roads, many lives can be saved and many injuries avoided, through improved measures.

The North Carolina Highway patrol has published safety tips for teenage drivers.

Perhaps someone you know was injured or killed due to the recklessness of a teen driver. If so, you may be able to take legal action against those responsible. Perhaps you feel that not enough is being done to promote safe teen driving. Through legal measures, people are making a difference in stopping teens and other uneducated drivers from being on the road.

Personal injury attorneys can help you with your own case.

Originally posted at InjuryBoard by Brent Adams

Dad Liable For Son’s Negligence

Brent Adams — Wed, 18 Feb 2009 09:44:40 GMT

The North Carolina Court of Appeals has recently ruled that a father who held title to his teenage son’s car must go to trial on the issue of the dad’s liability for the son’s negligence in the operation of a motor vehicle.

The father’s potential liability is based upon the legal doctrine of “negligent entrustment”.

Under this doctrine, negligent entrustment occurs when the owner of an automobile “entrusts its operation to a person whom he knows, or by the exercise of due care should have known, to be an incompetent or reckless driver, . . . likely to cause injuries to others”. The negligent entrustment doctrine undertakes to impose liability on an owner of a car not otherwise responsible for the conduct of the driver of the car.

Direct liability for negligent entrustment may be imposed when there is evidence of the defendant’s record ownership of a vehicle.

In this case, Tart v. Martin, the defendant father’s nineteen-year-old son ran a stop sign injuring another motorist and killing himself. The injured motorist sued the teenage son’s father alleging that he was liable for the injury under the theory of negligent entrustment. The son’s Ford automobile was titled in the father’s name and the son lived at home with his parents. However, the parents said they never operated the car. They said they purchased it for the son because he was a minor when the car was purchased and therefore could not contract for the car. The evidence was that the son made regular payments to his dad for the car, paid all repair insurance and other cost. The son also kept all keys to the car.

Evidence was presented that the son had a speeding ticket and was involved in three motor vehicle collisions. In defense, the father signed an Affidavit alleging that none of the collisions were the son’s fault.

The Court of Appeals wrote that: “The key issue is whether evidence of the Martins’ son’s single 1993 moving violation and his three accidents in 1993 and 1994 creates a material issue of fact as to whether the Martins knew or should have known that their son was an unsafe driver. The Court of Appeals ruled that it does and reversed the Trial Court who dismissed the claim against the father. Therefore, the father will have to stand trial for the negligence of the son. At that trial the jury will determine whether or not the father knew or should have known that his son was an unsafe driver. If a jury rules against the father on that issue, the father will be liable for whatever damages the jury will assess for the injuries.

This case demonstrates the risk of having the record ownership of a motor vehicle. Simply having title to a motor vehicle in ones name creates a risk of liability.

There are other theories of liability which would hold a record titleholder liable for the negligence of a driver. Negligent entrustment is just one of those doctrines.

In the Tart v. Martin case described above, the claim against the mother was dismissed because the mother was not on the title to the motor vehicle.

Originally posted at InjuryBoard by Brent Adams

Personal Injury Recovery May Be Subject To Medical Liens

Brent Adams — Mon, 16 Feb 2009 09:02:34 GMT

North Carolina law provides that doctors, hospitals and other health care providers may obtain a lien against the proceeds from the injured party’s recovery from a personal injury action.

If a doctor, hospital or other health care provider sends proper written notice to the injured party’s lawyer, and if medical records have been provided at no charge to the injured party, a lien for the amount of medical services provided is thereby attached to the proceeds from a personal injury claim recovered by an injured party.

The effect of this lien is that the attorney is legally required to satisfy the lien by paying the lien to the health care provider. The attorney has no choice about whether to pay if a proper lien exists: by law, the attorney must deduct the amount of the lien from the proceeds of the recovery obtained by the claimant and pay it to the health care provider.

Fortunately, in most cases, there is first party health insurance as well as medical payment coverage in the applicable liability insurance policy to fully pay all medical bills. There is a limit, however, to the amount that must be paid to medical providers. North Carolina law provides that the lien may not be for an amount in excess of one-half of the net proceeds to the client before payment of the lien and after payment of attorney’s fees and the cost of the litigation. Therefore, the claimant is assured of receiving at least half of the net proceeds from the recovery even in the face of huge medical liens.

Even though the lien may not be sufficient to fully pay the medical providers, the injured party remains contractually obligated to pay the health care providers the full amount of their bill. This means that the health care providers can make a claim directly against the injured party for the difference between the lien and the balance of their medical bills.

In many instances, insurance adjusters insist on making payments directly to the health care providers and deducting the full amount of the medical bills from what would otherwise be due to the injured party. This is true not only with respect to negligence claims, but also to claims under the medical payments provisions of the applicable liability insurance policy. In most cases, the medical providers have not attached a lien against the proceeds held by the insurance company, and payment should rightfully be made to the claimant rather than to the health care provider.

Originally posted at InjuryBoard by Brent Adams

Uninsured Motorist Coverage

Brent Adams — Sun, 08 Feb 2009 09:59:00 GMT

North Carolina law requires that all vehicles licensed in North Carolina carry liability insurance in an amount no less than $30,000. This mandatory liability insurance is for the purpose of protecting anyone injured by the negligence of the driver of the insured vehicle.

Although this liability insurance is required by law, a surprising number of vehicles do not have liability insurance coverage. If you are injured by a driver of such an uninsured vehicle, you will have to look to the drivers’ own personal assets to reimburse you for the loss caused by the negligent driver.

If a person is driving a car without liability insurance, chances are they will not have the assets necessary to satisfy your claim for personal injuries or property damage. It is for that reason that you should have uninsured motorist coverage to protect you and your family.

Uninsured motorist coverage is contained in the liability insurance policy which protects others against loss caused by the negligent driver of a motor vehicle. However, instead of protecting the public, uninsured motorist coverage protects the owner or occupant of the insured vehicle.

Uninsured motorist coverage provides that if the owner or occupant of the insured vehicle is injured by the negligence of another driver who does not have liability insurance coverage, the uninsured motorist coverage will “kick-in” and provide the coverage in place of the non-existent coverage which the other vehicle should have had.

All liability insurance policies in North Carolina are required to have uninsured motorist coverage unless the owner of the car specifically elects not to have this coverage. This election has to be in writing on an approved form. Otherwise, uninsured motorist coverage exists automatically.

The minimum amount of uninsured motorist coverage is $30,000 per person or $60,000 per occurrence. However, these limits are very low and are not sufficient to protect you and the occupants of your car.

Therefore, you should purchase uninsured motorist coverage with the highest limits that you can afford. A million dollar uninsured motorist provision does not cost as much as you may think. The protection and piece of mind a high limits uninsured policy gives is well worth the premium.

With out substantial uninsured motorist protection you may be left “holding the bag” in the event you or your family is injured by a negligent driver who is not covered by liability insurance.

Originally posted at InjuryBoard by Brent Adams

Fibromyalgia

Brent Adams — Fri, 06 Feb 2009 09:29:00 GMT

Fibromyalgia is a medical condition which is the subject of increased litigation in the areas of personal injury and worker’s compensation. Another actively litigated medical condition is myofascial pain syndrome.

Fibromyalgia is a syndrome which involves muscle and joint pain that is triggered by an accident or repetitive motion or stress.

Those who have the condition say that it can be extremely disabling. However, doctors can’t agree on what causes fibromyalgia, how to diagnosis or treat the condition and some doctors question whether the condition really exist.

As a consequence, in litigation involving fibromyalgia, settlement is hard to achieve and a high number of these cases have to be fully litigated. These trials many times involve an “all or nothing” situation in which the claimant either recovers a significantly large award, or is given very little and in some cases nothing.

Fibromyalgia has become one of the primary diagnoses that rheumatologist make. The American College of Rheumatology has defined the criteria for diagnosing fibromyalgia as follows:

- Pain in at least 11 out of 18 “trigger points” when they are subjected to light pressure, and

- Complaints of wide spread pain for at least 3 months in most areas of the body, including both left and right sides and above and below the waist.

Fibromyalgia is frequently accompanied by stiffness, sleeplessness, depression and bowel irritation.

Fibromyalgia is diagnosed 10 times more often in women than in men. Female suffers often tend to be somewhat overweight.

Fibromyalgia patients have no signs of abnormal muscle tissue, such as inflammation. They also test normally for problems such as arthritis, thyroid disease and lupus.

Treatment for fibromyalgia can include acupuncture or injection of saline or sucrose into the tender points in addition to physical therapy, aerobic exercises, and low dose anti-depressants.

Some doctors disagree on whether fibromyalgia is caused by trauma although many doctors feel that fibromyalgia is associated with neck and spinal trauma.

Studies have shown that fibromyalgia occurs 13 times more frequently following neck trauma.

Other doctors believe that a common cause of fibromyalgia involves environmental factors such as exposure to cold associated with repetitive motion and stress. One doctor even claims that there is a link between fibromyalgia and Nutra-Sweet.

Some claim that the diagnosis of fibromyalgia is a scam or a “catch-all” diagnosis that doctors use when they can’t find anything else or otherwise can not determine the cause of the patient’s problems.

Because the symptoms of fibromyalgia are largely subjective (that is, the symptoms depend upon statements by the patient rather than observable signs such as broken bones, swelling, etc.) they may be difficult to prove in court. The creditability of the patient is the key to a successful verdict for the injured party.

Great care should be taken to obtain an accurate history of the disease from the patient and those who know the patient and can attest to their observations of the patient over a long period of time.

The fact that fibromyalgia cases are difficult to prove should not discourage you from making a claim. Our marvelous jury system provides a mechanism for accurately weighing the merits of these cases and, in meritorious cases, the fibromyalgia victim can be adequately compensated if the case is tried properly.

Originally posted at InjuryBoard by Brent Adams

What Can I Recover for Pain and Suffering

Brent Adams — Thu, 05 Feb 2009 09:23:04 GMT

Perhaps the most difficult element of damage to assess in a personal injury case is the damage for which an injured person is entitled to recover as a result of pain and suffering which occurs as a result of injuries sustained by the negligence of another.

North Carolina law provides that: “Damages for personal injury include such amount the jury finds is fair compensation for the actual physical pain and mental suffering which are the immediate and necessary consequences of the injury.”

The only place it will ever be argued that pain and suffering is of little consequence is in the courtroom. This argument will always be made by a lawyer for the defendant and the defendant’s insurance company. Defense lawyers make the argument that pain and suffering is of little consequence in an effort to keep the damage verdict low.

Common sense and a reflection upon our daily living, however, compels the conclusion that pain and suffering is indeed the most significant aspect of personal injury.

The pharmaceutical industry spends hundreds of millions of dollars a year advertising pain medication of all sorts. We, as the American public, spend billions for pain relievers in order to attempt to eliminate or reduce pain.

The difficulty in assessing and placing a value on personal injury stems primarily from two factors: one is that only the injured person knows for sure if they are experiencing pain and therefore such pain can not be corroborated by other witnesses. Defense lawyers always argue, even if subtly, that the injured Plaintiff is either lying about the personal injury they experience or are greatly exaggerating. The second difficulty in excising pain and suffering is that there is no “market” for pain and suffering and one cannot look up the value of pain and suffering in a catalog.

Pain is a cruel monster, choosing as its victims the helpless and the sick who are the least able to bare it. It loves to prey on children. It attends every human birth, and it torments the last minutes of the dying, who have little enough time to make their peace with God and to say goodbye to their loved ones.

An hour of pain is a sample of hell.

The finger of pain leaves its own traces on the human face, with a look in a man’s eyes and the very way he carries himself. Long contended pain enervates and saps the life and strength from a man and his organs.

Men have begged for death so that they may be relieved of pain, but no normal person begs for pains.

The court instructs juries that there is no yardstick to measure pain, but man has measured pain in the laboratories of human experience in many ways. Every instance in which mankind has had occasion to put pain on one side of the scales and money on the other; he has not hesitated to decide that pain tips the scale. Some of the greatest heroes in medicine are those doctors who invented anesthesia. They are healers of science because they taught us to push back pain at least temporarily.

If the injured person and the careless parties liability insurance carrier cannot agree on a fair amount for pain and suffering, that important issue will be decided by a jury of twelve people chosen at random from the general population of the county.

Originally posted at InjuryBoard by Brent Adams

In April of 1998 North Carolina State Bar Issued a Letter of Caution to Allstate

Brent Adams — Tue, 03 Feb 2009 08:47:26 GMT

In April of 1998 The North Carolina State Bar determined that Allstate Insurance Company engaged in the unauthorized practice of law when it sent a letter to motorists who have had accidents with Allstate policy holders.

As a result, the Authorized Practice Committee of the North Carolina State Bar issued a letter of caution to Allstate in April of 1998.

Since Allstate did not like the results of the State Bar action, it asked the Authorized Practice Committee to reconsider its letter of caution in October of 1998 after Allstate alleged that it revised its materials.

The Authorize Practice Committee of the North Carolina State Bar declined to to reconsider its decision and the letter of caution still stands.

As a result of the action of the North Carolina State Bar Allstate did change this tactic as it relates to communicating with personal injury claimants

The letter sent to individuals who may have claims against Allstate insurance policies, informs them that Allstate will help them determine whether they are “eligible to receive compensation for any injuries” they may have suffered. Allstate also offers “to discuss fair payment of your claim.”

The complaint against Allstate pointed out that the recipients get the misleading impression that Allstate is on their side and that there is no benefit in getting an attorney to help. In discussing the “fair payment of your claim” Allstate was offering assistance in the evaluation of a claim for an injured party.

The complaint stated further that the letter not only violated the practice of law but was a clear violation of the conflict of interest rules. Allstate’s interest was in not paying anything to the injured party. The interest of the injured party on the other hand is to recover as much as possible for his claim. Obviously, those two interests conflict with each other. It would be impossible for Allstate to protect the interest of the injured party and at the same time also protect the interest of its shareholders.

The State Bar agreed and took the appropriate action to stop the letters from being sent. Three other States, West Virginia, New York and New Jersey, have previously taken similar action against Allstate.

A 1994 study by the Insurance Research Council showed that people with lawyers on the average got three times more in a settlement.

If you or a love one are tempted to deal directly with an insurance claims adjuster concerning the settlement of a personal injury claim, please keep in mind that the adjuster is not acting in your best interest. The law requires that the adjuster protect the interest of the stockholder not yours.

Originally posted at InjuryBoard by Brent Adams

What Can I Recover for Loss of Use of Party of My Body

Brent Adams — Mon, 02 Feb 2009 15:21:39 GMT

North Carolina law provides that if an injured party suffers the loss of use of a part of his or her body such as a leg, arm or an eye the injured party may recover their compensation for the inconvenience and handicap resulting from loss. If the loss of use will continue in the future the injured party is entitled for that future loss.

If the loss of use of a part of the body is permanent, the fair compensation to which the injured would be entitled will depend in part upon that person’s life expectancy, that is, on how much longer he or she may reasonably expect to live. In determining life expectency, a jury is entitled to consider the mortuary tables, which show life expectancy for the injured party’s completed age. In addition, the jury will consider also other evidence as to the injured party’s health, their constitution and habits.

Fair compensation for one person would necessarily be different than fair compensation for another person even when dealing with the same part of the body. For instance, a concert pianist who loses an index finger suffers a far greater loss than would another person who is not as dependent upon each finger of each hand for an income. The loss of LeBron James’ big toe would be far more devastating to him than for a person who is not an athlete and for full performance upon one’s feet is not as crucial.

In determining fair value for the loss of use of a body part, the important question is how such a loss of use affected the injured party’s lifestyle. Has the injured person been forced to withdraw from their favorite hobby because of limitations imposed by a loss of use of part of the body? A bowler who has enjoyed league bowling for 20 years but who can no longer bowl as a result of the loss of the middle finger of the dominant hand has suffered a tragic loss which greatly affects his or her lifestyle. Such a loss should result in a substantial verdict. On the other hand, there are people who, because their jobs or leisure time activities, are not as demanding and can adapt quite well with the loss of a middle finger the dominant hand. Such a person should not expect as large a verdict as the bowler mentioned above.

There is no set yardstick for measuring the value of the loss of use of a part of the body. The decision is very difficult. If it is for that reason that the law has provided that in determining such very important issues, we do not leave it up to the lawyers and the judges to decide. This very important issue is decided by a jury of 12 chosen at random among the citizens throughout the county.

Originally posted at InjuryBoard by Brent Adams

Don’t Lose Money By Settling Too Soon

Brent Adams — Tue, 21 Oct 2008 23:14:10 GMT

Some insurance companies, particularly Nationwide Mutual Insurance Company, have made it a practice of appearing on an injured person’s doorstep within one or two days after a collision. Sometimes, they appear on the very day of the collision.

The pitch that these insurance companies make is, in some ways very appealing.

They may waive a $5,000.00 check in front of a victim’s face and offer to pay that “today” for the victim’s personal injuries. In addition, they will agree to pay up to a set figure (usually $5,000.00) to pay all “reasonable and necessary” medical expenses incurred within one year from the date of the injury. Now doesn’t that sound fair?.

The problem is, in a large number of cases, the victim of a motor vehicle collision will not learn until weeks and sometimes months the true nature and extent of their personal injuries.

Many victims learn months after the collision that they have suffered for instance a herniated disc which requires surgery, extended recuperation time out of work, and $30,000.00 or $40,000.00 in medical expenses. Fortunately this does not happen most of the time, but it does happen frequently enough that it is a serious mistake for a personal injury victim to settle too quickly.

Another flaw in the “quick buck” settlement is that insurance companies oftentimes will not pay the full amount of the bills even though the victim’s doctor and hospital is demanding payment in full from the victim. The insurance company will argue that the bills were for services which were not “necessary” and that the amount of the bill was excessive and was therefore not “reasonable”.

In short, there are too many holes in the Nationwide type of agreement set out above.

A victim of a motor vehicle collision has three years from the date of the collision to file suit for personal injuries. There is no need to rush into a settlement agreement. We advise clients to wait at least two or three months after the collision and even longer if they and their doctors are not sure about the full nature and extent of their injuries.

Of course, insurance companies want you to settle quickly and want you to be the party at risk if it turns out that your injuries are more serious than you had first thought. Sometimes, to coerce an early settlement, an insurance company will tell the victim that if they don’t give them an answer by next Monday they will “close your file”. So what! The fact that an insurance company closes its file has absolutely nothing to do with your ability to make a claim at any time within the three-year statute of limitations.

Another mistake victims of motor vehicles sometimes make is to call the first TV lawyer they see on their television. There is no need to rush to hire a lawyer. You may not even need a lawyer to handle your case.

The most important concern after the collision is getting well and being sure you have all the medical and chiropractic treatment you need. You should not have to add to the burdens of a motor vehicle collision and the resulting injuries by worrying about collecting money for your claim. There is plenty of time for that after your recovery.

Originally posted at InjuryBoard by Brent Adams