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November 2015 Archives

You deserve compensation for a truck driver's negligence

After you're involved in an accident with a semi or 18 wheeler, you may be facing an uncertain future. The injuries you could suffer in this kind of accident can range significantly from head trauma to full paralysis. The impact of such a heavy vehicle on a passenger vehicle simply can't be diffused, and no matter how safe you are in your vehicle, a large vehicle colliding with you puts your life at risk.

Campaign on North Carolina highway is safety reminder

In our previous post, we shared safety travel tips for the Thanksgiving holiday. While adopting those tips might reduce your chance of being in a car accident this week, it is also wise to remember that creating safe roads is a collaborative effort. 

Thanksgiving Travel - Safety Tips

This Thanksgiving, millions of families will pack the car and travel to be with family during the holidays. Thanksgiving travel greatly increases the number of drivers on the road and means we need to be more aware, alert and cautious when traveling over the holiday weekend. AAA projects that 41.9 million travelers will drive at least 50 miles this Thanksgiving - the highest volume of traffic on the road since 2007.

How to value a traumatic brain injury case.

If you have been injured through the negligence of another person, valuing your claim can be difficult, especially if your injury is a traumatic brain injury (TBI). Unlike broken bones that can be revealed in x-rays, not all traumatic brain injuries reveal themselves in radiographic studies. The consequences of traumatic brain injury are significant.  People who have suffered traumatic brain injuries often lose motor skills, cognitive skills, and can experience difficulty in expressing their thoughts.  Such disabilities can prevent them from performing their normal daily activities and can hinder their ability to work. 

Does seat belt use matter for liability purposes?

In North Carolina, seat belt use is mandatory for all drivers and passengers over the age of 16 who are travelling in either the back or front seats. But that doesn't mean that everybody always wears his or her seat belt. 

Is My Injury Compensable Under Workers' Compensation?

It was December 23 and Mr. Hill was having a bad morning.  It was the last business day before Christmas and Mr. Hill, a 59 year old delivery driver for FedEx had very little time to deliver a lot of packages.  On top of it all, the FedEx plane delivering the last Christmas shipment had been delayed.  Mr. Hill was so far behind schedule, and had so many deliveries piling up, that he had to stack packages on the floor of his truck.  The stress was giving Mr. Hill a severe headache, so he pulled his truck over outside a nearby firehouse.  The headache was so bad Mr. Hill was having trouble seeing out his window.  Then his arm went numb, as did his face.  When he tried to tell someone nearby what was wrong, the words just didn't seem to come out.  It was then that Mr. Hill realized he wasn't just having a bad morning - he was having a stroke. 

Back Injuries in Car Accident Cases

In North Carolina every year thousands of people are hurt in car accidents. The most common type of car accidents are head-on collisions, side impact and rear-end collisions. There are a range of injuries that can result from being in one of these types of car accidents. However, one of the most common injury our firm sees from car accidents are back injuries. Back injuries can involve strains, soft tissue injuries, bruising, fractures of the vertebral body, disc herniation and even spinal cord injuries.

An Act to Modernize the Business Court

Recently a bill was introduced to the North Carolina General Assembly to be entitled "An Act to Modernize the Business Court by Making Technical, Clarifying, and Administrative Changes to the Procedures for Complex Cases." The bill proposes changes to the following sections; Appeals of right from the courts of the trial divisions, Superior Court judges designated for complex business cases, designation of complex business cases, costs in civil actions, and duties of director.

Nursing home medication errors could be fatal

Any time a loved one enters the care of a nursing home, the process can be a little frightening and it can be hard to know whether one is making the right decision or not. The truth is that it can be very hard to determine at first glance whether a nursing home or other assisted living facility is providing good care in the long term and whether a loved one will be safe there. Health inspectors and other government watchdogs are supposed to be there to protect patients in nursing homes from harm, but all too often we see cases in the news where not enough has been done to prevent injuries or deaths.

What you can do to protect loved ones from nursing home abuse?

The way North Carolina nursing home residents are treated has a significant impact on the quality of their lives. The selection of a long-term care facility often is a family decision based on several factors. The living environment, available medical services, caregivers' attitudes and costs are considered.

Relatives dealing with North Carolina nursing home neglect

Adult children cannot stay with parents in North Carolina long-term care facilities 24 hours a day. That doesn't mean concerns disappear when visiting times end. It's natural to be worried about the care a loved one receives, particularly when a parent's awareness or communication skills are limited.

Nursing home neglect: Worse than you think

You have every reason to be concerned about the care a loved one receives in a North Carolina health care facility. Although many medical professionals are highly trained and deeply dedicated to their work, no one is more concerned about your relative's well-being than you and your family.

Electrocution Injuries While At Work

Electrocution injuries in North Carolina can happen in most any job atmosphere. In fact, when an individual is injured as a result of electrocution it most often happens while they are at work. These cases generally happen where an individual is doing some type of job near a power source, like a power line or cable box. You do not have to be an electrician to suffer from an electrocution injury. Such accidents frequently happen with electrical work repair, at construction sites, near downed power lines or just during routine maintenance, or after there has been some sort of natural disaster like a hurricane.

Miller v. Mission Hospital, Inc. - Worker's Compensation; Parsons Presumption

The North Carolina Court of Appeals issued an opinion in Miller v. Mission Hospital, Inc.last week, which addressed the shifting burden of proof structure in regards to theParsons presumption.

Promoting work safety: A win-win for North Carolina employers

It's easy to understand why safety rules and employee training are necessary for some occupations like construction, mine and factory work. Does anyone really believe Raleigh office jobs are dangerous? The risk of serious injuries may be higher on a construction site, but there are plenty of potential hazards in office settings.

Repetitive stress injuries in Raleigh work environments

At-work injuries can be the result of immediate harm, like a concussion after a fall on a slippery floor or the loss of a limb in a machine-related accident. Many employees may not realize repetitive stress injuries also affect a significant number of Raleigh workers. RSIs, musculoskeletal disorders that develop over time, are common job-related complaints.

Medical treatment rules for Raleigh employees hurt at work

When a Raleigh worker suffers an injury on the job, some employees' losses are covered directly by an employer or through an employer's insurance company. Employers in North Carolina agree to provide workers' compensation benefits for medical expenses and wage losses. There are trade-offs.

Survey finds trouble for cyclists hitting the road in the south

A lot of Raleigh readers have probably noticed the growing popularity of cycling over the past few years. As more and more people take to the streets by bike, traffic safety advocates have begun to take a closer look at the safety of riding bikes and accident rates in states across the country. A recent survey found that southern states are much more dangerous for bikers than states in other parts of the country, by a margin as wide as a ten times higher likelihood of being involved in an accident.

Car Accidents And Rotator Cuff Injuries

Through years of experience representing individuals involved in car accidents, the lawyers at Miller Law Firm have seen a number of individuals with rotator cuff injuries. After taking numerous depositions of orthopedic surgeons, we have learned it is very common for those involved in automobile accidents to experience shoulder injuries, specifically rotator cuff injuries. In a lot of instances, when an individual is involved in a car accident and have their hands on the steering wheel. When they are hit either head-on, t-boned or sideswiped, and/or rear-ended by another vehicle there is a tremendous amount of stress placed on the shoulder at impact. The result is often a tear in the rotator cuff, which sometimes has to be repaired surgically. Fortunately, surgery can be done minimally invasively by a doctor performing an arthroscopic surgery. Often this is called a *SLAP repair. The surgery is very painful often leaving people with some disability rating.

Driving Safely in the Rain

A new study of 2,500 teenagers has found that teen drivers are likely to reproduce behavior that they see behind the wheel when it comes to drunk driving. In fact, teens who are exposed as a passenger to someone else driving while under the influence of drugs or alcohol are 120 times more likely to drive drunk than those who were never exposed to the behavior.

Study finds the road getting safer for drivers over 70

As some readers might already be aware, the population of the United States is getting older. In fact, as the baby boom generation ages and nears retirement, the proportion of the population that has reached retirement age will increase. By the year 2050, it is expected that there will be 64 million people in the United States over the age of 70.

Teens mimic what they see when it comes to drunk driving

A new study of 2,500 teenagers has found that teen drivers are likely to reproduce behavior that they see behind the wheel when it comes to drunk driving. In fact, teens who are exposed as a passenger to someone else driving while under the influence of drugs or alcohol are 120 times more likely to drive drunk than those who were never exposed to the behavior.

Automobile Liability Insurance - 'Arising out of'

In Integon National Insurance v. Helping Hands, a hospice patient was transported from the hospital to her residence for palliative care by a Helping Hands van. Upon arrival at the patient's home, the patient was unloaded from the van, transferred to a wheelchair, and taken up the porch steps by the driver of the van. While the patient was being transported up the porch steps she sustained a gash on her leg. The patient passed away two days later.

How to Value a Traumatic Brain Injury Case

If you have been injured through the negligence of another person, valuing your claim can be difficult, especially if your injury is a traumatic brain injury (TBI). Unlike broken bones that can be revealed in x-rays, not all traumatic brain injuries reveal themselves in radiographic studies. The consequences of traumatic brain injury are significant. People who have suffered traumatic brain injuries often lose motor skills, cognitive skills, and can experience difficulty in expressing their thoughts. Such disabilities can prevent them from performing their normal daily activities and can hinder their ability to work. Often, in extreme cases, experienced attorneys enlist the help of experts to develop a life care plan for those who have experienced serious traumatic brain injuries. Many brain-injured patients cannot perform normal daily functions without the help of others, so assistant care may be required. Life Care Plan Experts can help evaluate what the patient's future needs and quantify the cost for such health care.

Is partial fault a factor in Raleigh premises liability claims?

Customer safety is a concern whether you own, operate, lease or maintain a Raleigh business. Business owners are motivated to provide a positive experience for customers and other visitors. However, property owners and operators also have a legal obligation to care about the safety of others.

How can Raleigh property owners prevent slip-and-fall accidents?

North Carolina employers create safety plans to prevent workers from getting injured on the job. The welfare of non-employees who enter a commercial property -- customers, suppliers and other business people -- also must be considered. Property owners and operators are required to maintain reasonably safe conditions to prevent accidents among visitors.

North Carolina worker killed by falling concrete slab

On Tuesday, November 4, a 53-year-old worker was killed in North Carolina when a concrete wall fell on him during a transfer from one truck to another. The man was working with a company called Superior Walls, making a delivery to a construction site in Spring Creek, North Carolina, when the accident happened. The wall that fell on the worker was not one that was being moved, but rather another one that had proven to be unsecured in the process. 

Motorcycle Accident Cases

As the leaves begin to change colors and the beauty of fall surrounds us it's important to remember that many in our state choose to enjoy the season by getting on the back of their motorcycle. In fact, more than 4000,000 drivers licensed in the state of North Carolina have a motorcycle endorsement.

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