Fayetteville Personal Injury Lawyer - Automobile Accidents

Two Motorcyclists Killed When Driver Crosses Center Line

Brent Adams — Sat, 22 Aug 2009 22:01:40 GMT

A couple, traveling through the Great Smoky Mountains National Park became victims in a fatal accident. The victims have been identified in the crash as a couple who were traveling from South Carolina. As reported by Park Ranger Bob Miller, the two involved in the crash were 55-year-old Charles Earl Bolt and his wife Diane K. Bolt, 55. Mr. Bolt was driving the motorcycle.

The two were killed in a tragic accident in which a sport utility vehicle turned into oncoming traffic on U.S. 441. The SUV hit the motorcycle couple head on, killing them. Prior to hitting the motorcycle, the SUV crossed the center line and sideswiped a car. Park rangers are still trying to determine what caused the SUV to cross the center line.

Reports from eyewitnesses paint a grim picture. According to Helen Kelly, who is from New York, but was driving along the stretch of highway heading into North Carolina, the vehicle appeared to have rolled and eventually landed in a ditch. She reported that the roof of the vehicle was crumpled. Those in the SUV were without any serious injuries, officials informed.

The wreck occurred just south of the Tennessee state line border, around 11:45 a.m. While the investigation is still being looked into, it is unclear what may have caused the accident in the first place. The name of the driver, as well as any occupants in the SUV has yet to be named.

In an incident like this, individuals have the right to know what happened to their loved one. If there is foul play, such as a driver that was not capable of driving properly was behind the wheel, the tragic and preventable deaths of these people should be fought for. Although there is no word yet on the cause of this accident, it is understood that these deaths may have been preventable.

If you have suffered at the hands of another, such as in a traffic accident or a motorcycle accident, contact a personal injury attorney today to start working on your case. There are laws that can help you to cover medical costs, damaged property costs and even compensate you for your pain. Personal injury lawyers can help.

Originally posted at InjuryBoard by Brent Adams

Don’t Forget Your Own Med Pay Coverage

Brent Adams — Thu, 19 Feb 2009 09:40:00 GMT

We have written in previous newsletters about the importance of medical payment insurance coverage which is available as part of a car owner’s liability policy. This insurance is commonly known as “med pay” insurance. Unlike liability insurance, which all car owners are required by law to carry, med pay is optional. This med pay protection is inexpensive and every car owner should have it up to the full limits available. This insurance provides that all medical bills incurred as a result of a collision will be paid to all occupants of the insured’s car up to the limit of the med pay insurance. This is true regardless of whoever was at fault in causing the collision.

One very important feature of this insurance is that all named insureds on a liability insurance policy will be covered even if they are riding in a car other than the insured’s car. This feature is very beneficial when the car in which the injured person is riding is not covered by med pay insurance. In that case you can still receive med pay insurance from your own policy if you are a named insured.

The med pay coverage is considered secondary which means that you must first collect from the med pay provision of the insured’s car in which your were riding. However, after collecting the full amount of the primary insurance, you can recover for all the remaining medical bills up to the limit of your own policy. Of course, if the car in which you are riding does not have med pay insurance, then you can collect from your own med pay insurance if you are a named insured.

For instance, if you are injured in a car that has no med pay insurance and you have med pay insurance on your own policy in the amount of $2,000 and your medical bills are $4,000, you can recover $2,000 from your own insurance company. If, on the other hand, the car in which you were riding has $2,000 in med pay insurance and your medical bills are $4,000, you can receive $2,000 med pay insurance from the policy that covered the car you were riding in at the time of the collision and then you can collect the balance of your bills ($2,000) from your own insurance company, provided you have med pay coverage in an amount of at least $4,000.00.

The injured party often overlooks this additional insurance and the insurance adjuster will rarely make you aware of this additional protection.

If you are injured in a collision be sure to check all of your insurance policies to be sure to collect the full amount to which you are entitled.

Originally posted at InjuryBoard by Brent Adams

Attaching Tow Chain Results In Insurance Coverage

Brent Adams — Wed, 18 Feb 2009 09:39:42 GMT

The North Carolina Court of Appeals has ruled that a man who was killed while attaching a chain to another man’s car was covered by the other man’s underinsured motorist policy.

As a result, the dead man’s family can recover up to $300,000.00 in underinsured motorist benefits from the insurance policy covering the car used for towing.

The deceased was driving his boss’s car when he slid into a ditch. He walked to a nearby house to get help and persuaded the homeowner to help the deceased pull the wrecked car out of the ditch. The homeowner drove the deceased back to the accident scene, parked his car on the road while the deceased connected a chain to the back of his boss’s car and crawled under the homeowner’s car to attach it to the chain. The third person came down the road and struck both cars, killing the deceased who was still underneath the homeowner’s car.

The homeowner’s car was covered by an automobile insurance policy, which provided $300,000.00 in underinsured motorist coverage. Since the negligent party who struck both vehicles had only a $50,000.00 insurance policy, the deceased family made claim against the underinsured motorist policy, which insured the homeowner’s car.

This case illustrates the fact that one does not necessarily have to be the owner of the car, or even the occupant of the car to benefit from automobile liability insurance which covers that car. In this case, the Court of Appeals ruled there was coverage for the deceased family because the deceased, at the time he was killed was either in contact with the homeowner’s vehicle while attaching the chain and thus was “upon” the vehicle, or was in the process of attaching the chain and thus was “getting . . . on” the homeowner’s vehicle. The insurance policy in question covered the named insured, that is, the homeowner, plus any family members and “any other person occupying your covered auto or any other auto occupied by” the homeowner. The Court ruled that even though the deceased was not inside the insured’s car when he was killed, he was still occupying the vehicle at the time of the accident. The policy itself defines the term “occupying” as “in; upon; getting in; on; out or off” the vehicle. The Court’s ruling turned upon the dictionary interpretation of those terms.

If there is any doubt as to whether there is insurance coverage for a person injured in a motor vehicle collision, an attorney should be consulted. Many times, there is coverage when at first it may appear that coverage does not exist.

Originally posted at InjuryBoard by Brent Adams

Jury Service -- It’s A Privilege

Brent Adams — Tue, 17 Feb 2009 09:05:00 GMT

Many people dread being called to serve as a juror. In most counties in North Carolina jury service requires at least a good part of a week, because even if the citizen is not called to sit on a jury, he or she must sometimes go back and forth to Court for several days to take part in the jury selection process. Perhaps the worst part is the uncertainty of not knowing whether he or she will be called to actually sit on a case. Jury service can be disruptive to work schedules and disruptive to personal lives. Serving on a jury, however, is one of the very most important responsibilities a citizen can perform; certainly, it is one of our most important rights as citizens.

If we are all to be afforded a right to trial by jury when important issues arise, then we, as citizens, must take our turn to serve as jurors when others are involved in important issues which must be decided by a jury.

The United States of America is one of the few countries which affords its citizens the right to trial by jury. Jury trials are unheard of in totalitarian countries and in countries ruled by dictatorships. When Hitler came to power in Germany, one of the first things he did was do away with the right to trial by jury. The same thing happened in Spain. In China and Cuba, most citizens have never even heard of a right to trial by jury.

The desire to ensure the right to trial by jury for all citizens is one of the major reasons our great country was founded. Our forefathers established from the outset that as free people, we would all have the right to trial by jury on all important issues concerning our personal liberties and freedoms and in matters involving disputes between and among citizens.

There are some people today, even in the United States, who advocate doing away with our right to trial by jury. These people argue that jury trials are not efficient. While it is true that our jury system is not as efficient as whatever judicial system Hitler had in Germany, is that kind of system what we want as a free people? Certainly not. Some inefficiencies are a small price to pay in exchange for the guarantee of our rights and freedoms as citizens.

In the United States, we don’t leave it up to the lawyers and the judges to make decisions on these issues; instead, we select juries at random from members of the community at large to sit together and make these important decisions. As jurors, you have perhaps more power than you will ever have. You have the power to right a wrong and to ensure that our judicial system works properly. If we do not have wise and thoughtful jurors to decide issues fairly and accurately and in accordance with the law, it doesn’t matter how good our judicial system looks on paper or how well the laws are written.

The next time you are chosen to sit on a jury, consider the privilege you have as a citizen and perhaps your jury service will not seem so burdensome.

Originally posted at InjuryBoard by Brent Adams

When Children Have A Personal Injury Claim

Brent Adams — Wed, 11 Feb 2009 09:42:00 GMT

Children have the same rights as adults with respect to personal injury claims arising from the negligence of others.

The law in North Carolina is that persons under the age of eighteen (18) years do not have the legal capacity to enter into contracts. Likewise, individuals under the age of eighteen (18) do not have the capacity to settle their own personal injury claims.

In order for a minor (anyone under the age of eighteen (18) years) to file a claim in Court, the claim must be filed through a Guardian Ad Litem. The Guardian Ad Litem, usually one of the minor’s parents, will file suit as the minor’s Guardian Ad Litem.

All settlements of a minor’s personal injury claim must be approved by a Judge in order for the settlement to be valid. If the Judge does not approve of a minor’s settlement, the minor, when he or she becomes eighteen (18) years of age could then disavow the settlement and file the claim a new even though payment has been made on the child’s claim.

Even if settlement is tentatively made in a child’s personal injury case before suit is filed, judicial approval of the settlement is still required. As a result, even after the parties have agreed to the terms of the settlement, a “friendly” lawsuit must be filed in order to have a Court file for which the Court will hear and determine the issue of whether the settlement is fair to the minor.

In a hearing on the issue of the Court approval of a minor’s settlement, the Court will hear and consider medical evidence, usually in the form of written medical records, and consider the amount of medical bills and the degree and extent of any permanent injury. Based upon this evidence, the Court will consider whether the settlement in the amount proposed is fair to the child. In most cases in which a child, through his or her Guardian Ad Litem, is represented by an attorney, the Court will approve the settlement. However, the Court has the power and authority to disapprove of a settlement even when the child is represented by an attorney. If the Court does not approve of the settlement, the case must be tried.

The proceeds of the settlement, after litigation expenses, is paid into the Clerk of Superior Court for the use and benefit of the child. These funds will be invested by the Court and will draw interest, although usually not at a very high interest rate. When the minor becomes eighteen (18) years of age the Clerk’s office will then disburse all of the funds, including the accrued interest to the child.

A question which frequently arises is whether the parents may use the funds from the minor settlement for the benefit of the child. The answer is almost always no. Petition can be made to the Clerk of Court for authority to release some of the proceeds. However, in actual practice, it is very rare that the Court will authorize the release of these funds to the parents. The purpose of the law is to protect the interest of the child and there is a very strong public policy to preserve these funds for the benefit of the minor.

Although it is the law that all minor settlements must be approved by the Court, in very small cases, the insurance company will sometimes issue the check directly to the parent for the benefit of the minor child. In doing so, the insurance company is taking some risk. However, when there is a small amount of money involved, it is usually more feasible economically for the insurance company to take a chance and release the funds to the parents rather than hire a lawyer to handle the minor’s settlement. Usually however, if the payment for the child’s case is in excess of $2,000, the insurance company will insist, as it should, upon judicial approval.

With respect to medical bills, this claim may be made either by the minor or by the minor’s parent who is, ultimately responsible for the medical expenses. This election will be made by the Guardian Ad Litem at the time suit is filed.

As with all personal injury cases, the proceeds from the recovery from the personal injury claim are tax free.

Originally posted at InjuryBoard by Brent Adams

How Much Can I Recover for Damage to My Car

Brent Adams — Thu, 05 Feb 2009 09:24:41 GMT

This website is dedicated to discussing the law relative to personal injury and disability issues. However, since many people who suffer personal injury in a motor vehicle accident also have to deal with loss to their motor vehicles, we will devote this discussion to the law relative to property damage.

The amount which can be recovered (the law calls this the “measure of damages”) for damage to a car is the difference between the fair market value of the car immediately before the collision and the fair market value of that car immediately after the collision.

The cost to repair the car is some evidence of the measure of damages, but it is not determinative.

Also to be included in the recovery is an amount for the reduction in the value of the car because of the fact that the car has now been “wrecked”. It is only common sense that a car that has been “wrecked” will not bring as much at a sale as an otherwise identical car that has not been “wrecked”. If you could choose between two cars – one which has been “wrecked” and one that has not been wrecked – you will choose the one that has not been “wrecked”.

The law requires the insurance company to pay for that reduction in value. Do not let the insurance company short change you by paying you only the repair bills.

Originally posted at InjuryBoard by Brent Adams

Underinsured Motorist Coverage: You Should Have It

Brent Adams — Tue, 03 Feb 2009 08:54:43 GMT

North Carolina law requires that every motor vehicle driven on the public roads have liability insurance coverage in an amount equal to at least $30,000 per person. This insurance coverage protects persons who are injured by the negligence of the driver of the insured motor vehicle.

However, with today’s medical costs, $30,000 coverage is inadequate. If you are injured by the negligence of another driver, chances are the vehicle driven by that negligent driver will have the minimum of $30,000 insurance coverage. If your injuries are larger than $30,000 where will the money come from to pay for your loss? You may obtain a judgment against the negligent driver for the full extent of your loss. However, the insurance company will only pay $30,000 of this loss if the other car is insured by the minimum policy limits. After the insurance company pays its coverage of $30,000, you will have to look to the negligent driver to personally pay the difference between the amount of the judgment and the amount of the minimum insurance coverage. In most cases, such an excess verdict will not be collected because the negligent driver will most likely not have any assets over and above his or her exemptions with which to satisfy your judgment. If this happens, you will have to bear the loss yourself and will not be reimbursed above the insurance limits of $30,000.

You can protect yourself against this loss by purchasing underinsured motorist coverage. This coverage will be a provision of your liability insurance policy.

Underinsured motorist coverage provides that if you are injured by a negligent driver and the extent of your damages are in excess of the negligent driver’s liability insurance (therefore making that driver underinsured) your underinsured motorist coverage will make up the difference and will pay the full extent of your loss over and above the negligent party’s insurance coverage up to the limit of your underinsured coverage.

For example, assume that you have underinsured motorist coverage in the amount of $100,000 and you are injured to the extent of $125,000. Assume further that the negligent party only has a $30,000 liability insurance policy. In that case the negligent party’s insurance company will pay its limit of $30,000. Your underinsured motorist coverage will step in and pay the difference between your $100,000 underinsured motorist coverage and the $30,000 in liability insurance carried by the negligent party. This $70,000 payment from your underinsured motorist coverage will be paid so that your total benefit will be $100,000, an amount equal to your underinsured motorist coverage. Your underinsured motorist carrier will get the benefit of the liability insurance carried by the negligent driver and may therefore deduct that insurance from what it has to pay you. In this case, it would deduct $30,000 to account for the negligent party’s liability insurance coverage and pay you the balance of $70,000.

Even though your loss is equal to $125,000, you can only collect the sum of $100,000 from the combined payment of the negligent party’s liability coverage and your underinsured motorist coverage. Even though your loss is $125,000, you can only recover a total of $100,000 from the insurance companies. Therefore, unless you can collect the balance from the negligent driver’s personal assets, your losses are not covered. In this example, if you had underinsured motorist coverage in the amount of $125,000, you would be fully covered.

Underinsured motorist coverage is relatively inexpensive. As you can see from the above example, it is important that you have the maximum amount of underinsured motorist coverage possible.

Originally posted at InjuryBoard by Brent Adams

What About My Pre-Existing Condition

Brent Adams — Mon, 02 Feb 2009 15:32:24 GMT

When a claim is made for personal injury the response from the insurance company usually includes a contention that the injured party had a preexisting injury or condition. Insurance companies argue that it is the preexisting injury or condition, which is the real cause of the claimant’s problem rather than the injury or condition which is the subject of the claim. It is the goal of the insurance company to lesson or minimize the significance of the injuries from which the claim arises. The argument is many times: “The claimant had a bad back before the collision therefore we do not have to pay the claimant for the back injuries suffered in the collision.”

This is a fallacious, but many times very effective, argument. If the claim goes to trial, the insurance lawyer seeks to “muddy the water” by introducing into evidence the claimant’s prior medical records and emphasize any prior condition in hopes that the jury will lose its focus on the injuries which are the subject of the claim.

This insurance company ploy is especially effective in back injury cases. Virtually all of us past the age of 40 have a condition known as degenerative disk disease. The term sounds horrendous. However, it refers to a very simple aging process in which the bones of the spine become worn out and change shape. For most of us this condition is asymptomatic. That is, the condition doesn’t hurt or give us pain. Most people do not even realize they have this condition. When the body is in a motor vehicle collision or is otherwise subjected to trauma, often the preexisting degenerative disk disease becomes, for the first time, symptomatic and produces pain. This condition can be very serious depending upon the nature of the trauma and the condition of the victim. In this situation, insurance companies argue that they should not have to pay for the injury to the victim because they had degenerative disk disease before the collision. This argument is made even though the victim may never have had any symptoms from the preexisting condition.

This situation creates a challenge to the efforts to obtain an adequate recovery for the injured victim.

North Carolina law provides that: When a person’s negligent conduct proximately causes an injury which brings into activity a dormant or incipient disease or condition, or one to which the injured person is predisposed, he is liable for the entire damages of the injured person resulting from such injury. When a person’s negligent conduct proximately causes an injury to a person suffering from a disease or condition which is aggravated or made worse by the injury, he is liable for damages to the extent that his wrongful act proximately and naturally aggravated the disease or condition.

As always, if the parties cannot agree, it will be up to a jury to decide the very important issues relating to the nature and extent of injuries sustained in a collision and the impact of the injury upon the victim.

A fair minded and conscientious jury will not be confused by the insurance company’s efforts to confuse the issue by the use of irrelevant or misleading prior medical records. By being vigilant and thinking through the issues clearly, a jury will assure that the justice system is working fairly and that injured victims will be fully compensated for all injuries suffered and will not be short changed by confusion concerning preexisting conditions.

Originally posted at InjuryBoard by Brent Adams

WHAT IS AN EAR WORTH?

Brent Adams — Sun, 06 Jul 2008 21:49:25 GMT

A recent verdict in Sampson County , North Carolina gives us a clear picture of what one Sampson County jury felt was the appropriate value to damage to an ear.

The victim, Roderick Lee Peterson was broadsided by the defendant’s vehicle. The defendant admitted liability for failure to yield the right of way to the plaintiff.

The victim’s ear was cut nearly completely off and was hanging on only by flesh. This ear was reattached through a plastic surgeon.

Fortunately, the plaintiff had only mild scarring and no hearing loss. Past medical expenses were $12,000.00 and the victim lost wages in the amount of $2,000.00.

The victim did not suffer any significant injuries other than the injury to his ear.

The Sampson County jury who heard his case returned a verdict of $125,000.00 on October 8, 2007.

Because there were no other serious injuries, the case presents a clear assessment for damages to an ear.

Originally posted at InjuryBoard by Brent Adams

HOW DO YOU CHOOSE A PERSONAL INJURY LAWYER

Brent Adams — Thu, 15 May 2008 01:34:21 GMT

If you turn your television on any weekday afternoon you will see a continuous stream of ads for personal injury lawyers.

Pick up your phone book and you will see page after page of lawyer ads.

How do you know which lawyer to choose?

Other entries on Injury Board have discussed the qualifications that a personal injury lawyer should have. But how do you find the right lawyer with these qualifications.

The answer starts with a discussion of what you should not consider when choosing a personal injury lawyer.

You should not assume that the lawyer with the biggest yellow page ad or most yellow page ads is the best lawyer for you.

You should not assume that the lawyer with the most TV advertising is the best lawyer for you.

All the yellow page ads and the TV ads mean is that the lawyer has paid a lot of money for advertising. It does not mean that they will be the best lawyer for you.

Some lawyers even use TV or movie personalities in their ads. Certainly, the movie star you see in the ad will not be involved in your case if you hire the law firm who sponsored the ad.

Ben Glass, a prominent personal injury and medical malpractice lawyer in northern Virginia has written a book entitled: The Truth about Lawyer Advertising. This book has useful information that you should consider when hiring a lawyer.

One way to find a good personal injury lawyer is to ask the lawyers you know who do not do personal injury work for recommendations for a personal injury lawyer. You should ask as many lawyers as possible for these recommendations.

You should interview a lawyer that you are considering before you make your selection. Ask these lawyers how many personal injury cases they have actually taken to court and tried in front of a jury. Ask them what trial lawyer organizations they are active in and what positions they have held in these organizations. Ask them if they have written legal articles for legal publications. Ask if they have lectured to trial lawyer groups on trial practice issues.

It is also helpful to ask your friends or acquaintances who have had personal injury claims how they feel about the lawyer who represented them.

You should check to see if the lawyer you are considering is Board certified. The National Board of Trial Advocacy is the certifying agency that certifies the competency of personal injury lawyers. Check their web site for a listing of the Board certified lawyers in your area.

It is not an easy job to find the right personal injury lawyer for your case. However, the more you ask around and the more lawyers you interview the better you will be informed and able to make the proper choice.

Originally posted at InjuryBoard by Brent Adams