Author: jeffreyhoward

“Do I have a good case?”

This is one of the questions I am most frequently asked.

At the beginning of my discussion with an accident victim, I am often not informed enough to intelligently answer this question.  But I get it; people want to be reassured at a time when things aren’t really going their way.  They want to hear that things are going to get better.  So how do they know if they have a good case?

Of course, I’m a lawyer, and I am professionally forbidden to give easy, unequivocal answers.

It depends on what you mean by a “good case.”

There’s a great saying in injury law: “It’s better to have your health than a good case.”  That means a “good case” is one that is of high value.  No one really wants that, because that means you have to be really, really messed up.  You don’t want that, and I don’t want that for you.

But if by “good case” you mean, “Am I going to be able to get my expenses reimbursed?” then that’s a different answer.

What makes a plausible injury claim in North Carolina is, generally, clear evidence of duty, breach, causation, and damages.

In auto accident law, everyone has a duty to drive in a way that a reasonably prudent person would in the same or similar circumstances.

They breach that duty when they drive unreasonably.  That can be not paying attention, driving too fast, running a red light, passing in a no passing zone, or lots of other things.

If that breach causes a victim to sustain damages, then you have an actionable claim.

Now, that might mean you have a good argument, but your case value/recovery will hinge on several other factors, most importantly insurance coverage, but there are other things…

To make a long story endless, to have a “good case” you need to show that someone messed up where they shouldn’t have and that it hurt you.  That will go a long way toward getting you an actionable claim.  But that’s not the full investigation.  This is reason number 432 why, when you’re injured, you should talk to a lawyer.

Call me at 919-929-2992.

Yep.  That’s a thing.  Well, two things, really.

Injury law can be really, really confusing the way it’s set up, particularly in North Carolina.  People often think since I’m a personal injury lawyer I know all about med mal cases.  I don’t.  They’re not really the same thing.  Same thing when they hear I do Workers’ Comp, they think I know all about Employment Law.  Once again, different things.  The strict nomenclature might lead you to believe that each case can be pigeon-holed into one category and one category only.  But that would maybe be too simple.

When you have an injury by accident, arising out of and sustained in the course of your employment, you often have a valid Worker’s Compensation claim in North Carolina.  But if that injury was caused in an accident that arose due to the negligence of another person, then you might also have an injury claim against that person.  Yes, you can have TWO types of claims from ONE accident.  Crazy, huh?

Of course, this has it’s benefits and its detriments.

The good thing about a Comp claim is that it keeps you current.  What I mean by that is that it pays you while you’re out of work, and it pays for your medical treatment.   This is unlike normal injury claims in NC where the victim has to bear their losses until the end, and then they try to get reimbursed for their losses.  The bad thing about having a double claim like this is NC law gives the Comp carrier (the insurance company for your employer) the right to get their money back from you IF you get money from the person who caused your injury.  Of course, it’s never that simple, and you have the power to try to whittle that down some, but that’s also not simple.

In a nutshell, you CAN have two claims from an on the job accident.  And if you do, you can almost know for sure that it’s going to get complicated, and you probably need some help.  Call me!  919-929-2992.

“Everything you say can and will be held against you…”

That’s the beginning of our now famous Miranda rights, (supposedly) recited to anyone who is arrested in America.

The same caution should be given to auto accident victims.  When you are speaking to the other side, the at-fault insurance company, everything you say is being taken down, and they are looking for things they can use against you.  In fact, how they get information out of you is geared toward getting information that is good for them.  So be careful!  Say nothing if you can.

But, having said all of that, people often get tricked into talking too much.  How?  They are desperate about getting their car fixed!  This is what I call the Property Damage Window.

Auto insurance company adjusters use this desperation that you feel when you have no car as a window of opportunity to get you to talk to them and, hopefully for their side, to say things that will hurt your case.

So, if you can, avoid speaking with the other side at all!  Talk to a lawyer first if possible.  But if you must, be very careful about what you say; everything you say can and will be used against you.

Call me at 919-929-2992.

Some people think that when you get a speeding ticket in North Carolina it’s just a fine and an inconvenience, nothing more.

That’s not true.

Of course, many people know about our “Safe Driver Insurance Point” program that allows insurance companies to jack up your rates when you are convicted of moving violations in North Carolina.  But what a lot of folks don’t know is that you can lose your license just based on pleading guilty to certain charges, or combination of charges in a year!

Yep.  Getting caught going to fast in NC can result in you losing your right to drive!  That’s a big deal.

So if you like driving legally in North Carolina and you get a ticket, you should talk to an attorney about the particulars of your ticket, get some good advice, and protect yourself and your rights.

http://www.mercurynews.com/crime-courts/ci_29734380/jury-awards-14-9-million-oakland-crash-victim

If you read about this woman’s tragic case you’ll know that she suffered horrific injuries: a broken spine and several ribs with permanent partial paralysis and a brain injury just to mention the highlights.

No body wants this sort of case.  Yes, there’s a massive $15 million dollar verdict, but would you trade places with this woman to get $15 million?  I doubt it.

There’s a great saying in this business.  “It’s better to have your health than a good case.”  That couldn’t possibly be truer.  In order for your case to have massive value, you must suffer massive injuries.  Period.  There’s no two ways about it.  You can’t get a hang nail and get $1 million.  You show me a horrific injury that no amount of money can cure, and maybe I can show you a $1 million award or settlement.  Maybe.

Trust me.  You don’t want a high value case.  If you have one, I’m sorry.  I truly am.  I wouldn’t wish this sort of injury on anyone.  But if you do have a catastrophic injury, especially from an auto accident or trucking accident in NC,  then you almost certainly need an attorney, so please call now.

When people are involved in auto accidents, especially when it wasn’t their fault, they are primarily concerned with their health – as they should be.  But sometimes, right behind that concern (sometimes ahead of it!) is what the heck they’re supposed to do for transportation in the meantime.  The assumption is that the at-fault insurance company will always pay for and arrange their rental car.

“Don’t they have to give me a rental car?”

Well, when you ask the question that way, the answer is – surprisingly – “No.”

Here’s the skinny.  The at-fault carrier is on the hook for what their insured caused their victim to sustain in terms of foreseeable damages.  In our society, the cost of transportation is a foreseeable damage for certain, so yes, they are technically on the hook for that.

But no where in the law does it state that they have to go out and arrange a rental car for you and pay for it up front!  No where!

So, what you could be stuck with is having to go and get a rental car on your own, sucking up the costs, and then asking for them to pay you back later.  They will probably be on the hook for that, so you will likely get your money back.  Remember, you do have a duty to mitigate your damages, meaning you can’t make your damages greater when it’s not necessary, so no Lambos, OK!?

The reality, though, is that most insurance companies anticipate paying you something for rental costs, and because of their better bargaining power from their volume of rentals, they can get a better rate and save themselves a few bucks.  So, despite them not really having to, they often will pay for an arrange your rental up front.  That’s not because they’re nice, it’s in their self-interests.

But the real issue is your health!  Take care of that and make sure you don’t neglect your bodily injury claim while you’re worrying about your car.  Call me for help!  919-929-2992.

http://www.seattletimes.com/seattle-news/crime/port-of-bellingham-ordered-to-pay-16m-to-injured-ferry-worker/

Dang.  That’s a big ‘un.

Short version: Loading ramp falls on worker from Alaska ferry, worker suffers catastrophic injuries.  Turns out the Port where she was unloading a ferry knew of the dangers of this ramp as there had been a similar, yet not as horrific, accident a few years prior.  Interestingly, a report on the previous incident was commissioned, and the report states, “We point out that the result of this incident could have been much worse,” essentially predicting this subsequent incident.

That little bit of prophecy turned out to be all too accurate, and damning.  Because this report existed it was obvious that the Port knew of the danger and failed to act to remedy it.  This evidence is what allowed for the massive liability verdict.

The moral of this story is that notice is a big deal in premises liability cases.  When you can prove that someone had notice of a dangerous condition and failed to act it can be very powerful.  The difficulty in most cases is proving this notice.  To my knowledge, Food Lion has never commissioned a study on why their floors are always so slick.  Oh, but I wish they did.

Good luck out there, law fans.

http://nbc4i.com/2016/03/25/a-speeding-ticket-for-going-1mph-over-not-likely-in-nc/

I knew the second this stuff started going viral that it was complete nonsense.  This is the danger of living in the social media age.

NC is now a laughing stock across the nation for our ridiculous trans-bashing, moronic legislature.  It was very easy to believe we’d come up with some asinine Fascist speeding ticket policy, too.  So I am not surprised that this got traction with so many people.

But there are many, many reasons that law enforcement officers don’t write tickets for minimal amounts over the limit. I won’t bore you with the details, because most people don’t care, but suffice it to say that it’s just not really worth the effort most of the time.  And I mean it’s really not worth the effort, so for that and other reasons it was very unlikely to be something that was going to be a new blanket policy.

The whole point in the announcement of the new “policy” for lack of a better term is just to remind people that there is a limit there for a reason, and we should respect and obey those limits.  That has and always will be true.

Of course, if this had been a real thing, it might have been a huge windfall for those of us that handle traffic tickets.  Alas.

Still, I’m glad it’s not the case.  So go ahead and set your cruise control for 9 over the limit and rest assured that you are probably just as safe as you ever were from the po-po.

Now go get a ticket and call me!

http://annaleahmary.com/

Tractor trailers have to be equipped with underguards to help prevent vehicles from going underneath the trailers, which often results in tragedy.

Sadly, the current generation of underguards doesn’t always work.

The link above is dedicated to a girl who was killed because these guards need improvement.

Wouldn’t it be nice if we didn’t have to worry about dying every time we drive?

I was recently asked why, when attempting to settle a wrongful death claim in North Carolina, we would have to have the court approve the settlement before finalizing the matter.

The answer was easy:  That’s what the statute says we have to do.

But why does the statute say that?  The most compelling answer I can give is for transparency.  Anytime the court seeks to approve a settlement the motivation is to make it all as clear and above-board as possible.  This is most often seen in the settlement of cases for minors.  The law does not require court approval for minor settlements, but plaintiff and defendant attorneys generally see the benefit in doing so.

In the case of injuries to minors, especially when there is significant money involved, it makes sense to have the court give it a stamp of approval.  All sides want to make sure that the matter is finalized, and plaintiffs’ attorneys at least want to make sure that the settlement is deemed fair and reasonable by a court.

In wrongful death cases, it’s more about the potentially affected parties than anything else.  In death cases there might be heirs or others that were in some way harmed by this death as well, and the court approval gives them two things: It gives them a chance to speak up, and if it’s after the fact it gives them a chance to appeal to Superior Court to seek redress.

Court approval is just about transparency.  It only makes sense to make sure everyone knows how a case is resolved so no one is left in ignorance.