InjuryBoard Fayetteville Archives

  • When is it too Late to Settle?

    Brent Adams | July 30, 2007 8:25 AM | 0 Comments
    Category: Miscellaneous

    The vast majority of personal injury claims are settled without filing suit. Once suit is filed, the vast majority of those personal injury cases, now in litigation, also settle before actually going to trial.This is as it should be. When experienced lawyers and insurance adjusters are involved the case, there is no reason why a rational settlement, fair to both parties, cannot be achieved. The...

  • Bad Faith Insurance Verdict Against Fireman's Fund

    Brent Adams | July 28, 2007 1:03 AM | 1 Comments
    Category: Miscellaneous

    The Supreme Court of the State of Washington, on July 26, 2007 upheld a jury verdict of $750,000 against Fireman's Fund Insurance Co. and it's subsidary National Surety Co. for bad faith insurance practices. Fireman's refused to defend a lawsuit against Dr. Robert C. Woo, a dentist who was sued by a former enployee Tina Alberts who had also been his dental patient. The suit against Woo...

  • Similar Facts with Far Different Results

    Brent Adams | July 27, 2007 8:24 AM | 0 Comments
    Category: Miscellaneous

    Two past Court of Appeals decisions illustrate how unpredictable workers' compensation cases can be.A frequent issue in workers' compensation cases is whether or not the injury suffered by a claimant while at work is an "accident."In order to give rise to workers' compensation benefits, the injury which occurred at work must be the result of an accident.The North Carolina Court of Appeals has...

  • Should you Resign if you are not Able to Work?

    Brent Adams | July 26, 2007 8:00 AM | 0 Comments
    Category: Workplace Injuries

    Many of our workers' compensation clients are hurt so severally that they are unable to return to their former jobs. An issue often arises as to whether the injured employee should resign from his or her job or wait to be fired.The answer almost always is that the employee should not resign.An employer is justified in terminating an employee who is no longer able to work. However, if an employee...

  • Change in Condition Results in Permanent Benefits

    Brent Adams | July 25, 2007 10:17 AM | 0 Comments
    Category: Miscellaneous

    Under North Carolina's workers' compensation law, once an injured worker returns to work, he or she has two years within which to file a further claim in the event their condition worsens. The two-year period runs from the date the injured employee received their last workers' compensation check.When an injured worker returns to work after recuperation, all parties hope that the worker will...

  • Jury Trials are Free

    Brent Adams | July 24, 2007 8:51 AM | 0 Comments
    Category: Miscellaneous

    One of the most valuable rights we have as citizens of North Carolina and citizens of the United States is the right to a trial by jury. As citizens, we have a right to have twelve impartial and unbiased citizens, who know nothing about our case, to hear the facts and ultimately decide the outcome.It is good that when important decisions are to be made, citizens do not have to rely upon...

  • Water Safety to Prevent Accidents

    Christina Medlin | July 20, 2007 9:26 AM | 0 Comments
    Category: Miscellaneous

    The Wake County Sheriff's Office confirmed that Darryl Jermelle Anderson , 22 drowned at Silver Lake Waterpark Saturday, July 14, 2007. Darryl was pulled from the water, and EMS personnel attempted to resuscitate him. Anderson's sister said she believes that he may have had an asthma attack. Anderson was transferred to WakeMed, where he was pronounced dead. You can drown in 45 seconds and die a...

  • Cracker Barrel Sues its Insurance Companies

    Brent Adams | July 16, 2007 7:00 AM | 0 Comments
    Category: Miscellaneous

    Cracker Barrel Old Country Store has sued two of its insurance companies for failing to reimburse the restaurant chain for the cost of defending itself against a federal lawsuit which led to a two million dollar settlement. Cracker Barrel claims that, before it agreed to the settlement, it repeatedly consulted with the insurance companies it had hired to defend it against the claims raised in...

  • Fired Workers' Compensation Claimant Recovers $1.9 Million

    Brent Adams | July 13, 2007 10:12 AM | 0 Comments
    Category: Miscellaneous

    A Kentucky coal miner who was fired by his employer has obtained a verdict of 1.9 million dollars in a suit against his employer alleging he was fired in retaliation for filing a workers' compensation claim. The coal miner broke his arm in October, 2003 while working in an underground mine. Even though his arm was in a cast, he continued to work for about four months. In March, 2004 the...

  • Multiple Parties Injured in Harnett County Accident

    Brent Adams | July 11, 2007 4:07 PM | 0 Comments
    Category: Miscellaneous

    On Tuesday night, a severe personal injury collision on Old U.S. 421 in Harnett County sent five people to area hospitals. The accident, which occurred just before 7 p.m., involved three vehicles. A report from the Highway Patrol revealed that Donald Turlington, 23, was traveling on Old U.S. 421 when his vehicle crossed the center line and struck a vehicle driven by Vernon Arnold, 47. A third...

  • Virginia Family Recovers $9.25 Million in Mesothelioma Claim

    Brent Adams | July 10, 2007 11:09 AM | 0 Comments
    Category: Miscellaneous

    The widow of a New Port News shipbuilder, who died from exposure to asbestos while working at a New Port News shipyard, recovered a verdict of 9.25 million dollars for his death. The verdict was awarded by a jury in State Circuit Court in Virginia. The verdict was returned against two suppliers to the shipbuilding injury: John Crane, Inc. and Garlock Sealing Technologies. John Crane, Inc. is...

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