http://www.sandiegouniontribune.com/news/2016/aug/30/bernard-victorianne-settlement/

 

THIS is interesting…inmate dies of meth overdose in prison.  Meth overdose.  In prison.  And his family gets $2.5 million.

This might smell a little funny to some of you.  Why would they be responsible for him overdosing?  It’s not like they gave him the drugs and/or didn’t dose him correctly.

But having worked on similar jail negligence cases, I can understand it.  Focus on these things:

The prison officials have a duty to keep these things out of the jail.  They failed.

The prison officials have a duty to monitor the health of their inmates and make sure they get medical attention when needed.  There is evidence that they failed in this duty big time.

So when you think of it in those terms, there is negligence, there are damages, so it’s a solid case.

It’s frustrating to see taxpayer dollars go to this, but it seems like the right call.

What do you think?

If you’re a veteran and have access to health care through the VA, you’re lucky.  It’s nice to have that to fall back on when you need it.

However, if you’re able to choose, you might want to think twice before seeking treatment at a VA Medical Center after you’ve been in an accident caused by someone else’s negligence.

As I’m sure you’re aware, the VA is a Federal institution, so they are given a lot of power to get reimbursed for treatment they offer you in the even that someone else has to pay for it.  When this right to reimbursement from an identifiable source of funds is created by statute, it is called a “lien.”  In these situations, the identifiable source of funds is your potential injury settlement.  If you seek treatment at the VA, you’re almost certainly going to have to pay them back for your medical treatment costs from your settlement, which will obviously limit your net recovery.

Contrast that to a situation where you go to a normal hospital that doesn’t have power through a Federal statute to assert a lien, in that case you have a ton of negotiating power to pay less on your treatment costs.  Also, you might have health insurance that would pay the vast majority of your bill, and in most situations in North Carolina, you wouldn’t have to reimburse your health insurance plan for benefits paid.  That’s a far better situation and won’t do so much to limit your recovery in your injury settlement.

Remember, claims can get way more complicated than you think, so it’s always smart to get help.  Call me at 919-929-2992.

“But I was just going with the flow of traffic!”

I can’t tell you how many people have exclaimed that to me when complaining about the speeding ticket they received.

You might be surprised to know that “going with the flow of traffic” is not a defense to exceeding the speed limit. Just because everyone is speeding doesn’t make it legal all of a sudden.  It’s not like we can have a quorum of drivers that jointly and subconsciously repeal traffic laws just because they want to channel their inner Ricky Bobby.

This argument is the same as saying, “Well, everyone else was shooting the guy, so I can’t be charged with attempted murder!”  You can see how the logic fails.

Remember, just because “everyone else is doing it” doesn’t mean it’s OK to be doing it.  Yes, you might feel unfairly singled out, but as I tell people, officers often catch the slowest of the speeders.  That doesn’t mean they weren’t speeding, that just means they were easier to catch than the others.  Of course, that doesn’t mean you should be the fastest of the speeders to avoid getting caught.  No more Ricky Bobby, please.

If you get a ticket, I’m happy to help.  Just don’t tell me about what the flow of traffic was doing.

How’s that for too many acronyms?

People LOVE them some PJCs.  I can’t tell you how many times people have called me to get my help with a speeding ticket and they say, “Yeah, but can’t you just get one of them PJCs?”  Le sigh.

“What is a PJC,” you might ask.  This is not the post for telling you exactly what it is (if you want to know, go here: https://www.jeffreyhowardlaw.com/should-i-use-pjc-durham-nc/).  In short, it’s a legal mulligan.  BUT it is NOT a panacea for all traffic tickets and should only be used with education, information, and caution.  There are many times (more often than not, in fact) that it isn’t the best option for your ticket.

One of those times is when you have a CDL, or commercial driver license.  The benefits of a PJC (generally not counting as a conviction so no DMV or insurance points) DO NOT apply to people with a CDL.  So this is a complete dead end for those folks.

Of course, if you’re in doubt about how to handle your ticket – and you should be – make sure you call a lawyer who handles traffic tickets regularly.

Like this guy.

919-929-2992

 

http://www.newsobserver.com/news/local/article91992817.html

Bicycling on the road, or road-biking as some call it, is a divisive issue for many.  Regardless of your stance of how much/little bicyclists should be on our roads, we all know it’s a dangerous interaction when cars and bikes meet.

Recent changes to NC laws regarding bicycles are meant to help.  There was an attempt to strike a balance between protecting bicyclists (by punishing what they are calling “aggressive motorists”) and protecting the rights of automobiles to travel at reasonable speeds (now it’s OK to pass a bike in a no-passing zone).

Check it out.  Tell me what you think.  Call me if you get run over.

919-929-2992.

http://www.al.com/news/index.ssf/2016/07/wrongful_death_suit_filed_agai.html

OK. The picture is probably in poor taste, but I only have so much time and so many photos to put in these things, and a story about a man getting run over by his own tractor just fits this pic far too well.  Sorry.

I don’t know if this is a thing that happens a lot, but apparently this man’s tractor unexpectedly lunged at him while he was refueling, resulting in his tragic demise.  The family is now filing suit against John Deere, alleging that this tendency of the tractor was defective.

I have no idea how it will play out.

If you get run over by a tractor, or tractor trailer, or if you happen to run yourself over, please reach out to me, because I want to know about it.

919-929-2992

 

http://www.freep.com/story/news/local/michigan/2016/07/20/lawyers-say-fata-deal-underscores-malpractice-shortfall/87341572/

More than 40 cancer patients were poisoned by Dr. Farid Fata, who prescribed unnecessary treatments to make millions of dollars in fraudulent billings.  It is reported that they will collect $8 million on their medical malpractice claims. But their lawyers contend they won’t be fairly compensated.

The “tort reform” (read as, “pro-insurance company lobby”) folks have had their way in Michigan and created a cap on these sorts of claims. For these poor folks who have suffered and will continue to suffer horrifically at the hands of cruel and greedy physician $8 million simply may not be enough.

What is enough?  Well, reasonable minds may differ.  Every case is different.  There are many things to consider. But one thing that I feel is true is that there should never be a cap on damages; if someone causes damage, they are responsible for the resulting losses.  If I run into a Ferrari and total it, I’m responsible for that $1 million car.  It’s not that person’s fault that they are driving a car that costs more than average.  It’s not their fault that the accident happened.  You break it, you buy it.  Why is that not a good rule for everyone?

Let me know your thoughts.  Hit me up on Facebook or Twitter (@jahatty).

919-929-2992

 

This is a topic I’ve addressed in video format, but it’s worth doing in the blog, too. If you want to see the video, go here:

https://www.jeffreyhowardlaw.com/category/video-library/slip-fall-injuries/

Just because you fall in a store, especially in North Carolina, doesn’t mean you have a good premises liability claim.

First, you have to prove negligence on the part of the people in control of the store.  You must show that there was a dangerous condition and that they were aware of it and failed to warn you of it, or by the exercise of reasonable care should have been aware of it and warned you of it. That’s no easy feat.

Second, since we’re a contributory negligence state, as you strive to prove the above, you’re working to prove their negligence argument against you; in other words, if the dangerous condition was so darn obvious, you should have noticed it and stayed away from it.

That’s a little over-simplified, but that’s what we do in blogs so as to leave you guessing and make you call us.  Or you just jump to the next article.

In a nutshell, slip and fall cases are hard.  They are next to impossible in North Carolina, but I have had some success with them, so don’t give up hope.  Call me if you think you need help!

919-929-2992

http://www.bloomberg.com/news/articles/2016-07-06/dupont-loses-third-case-over-teflon-toxin-chemours-to-pay

This marks the third time the makers of Teflon have been ordered to pay for damages to people linked to their Teflon leak into local waterways.

How much of this stuff does it take to cause cancer?  A huge leak?  A teflon pan?  Makes ya think…

 

http://abc11.com/travel/officials-remind-people-to-stay-away-from-railroad-tracks/762241/

I have been practicing law just under 15 years now and I’ve NEVER had anyone ask me about a stopping on rail road tracks ticket until last month.  Well if you click on the link above, you’ll see why.

Nine people in NC have died in vehicle v. train accidents this year, so officials in NC felt it was time for people to be reminded of this law.  Clearly it’s time because your friendly neighborhood lawyer didn’t remember it was a law, either!

While this seems like a silly law, it’s absolutely about safety.   There’s just no real margin for error with trains; they are too fast and too big, and in the end, physics is a b!#@#.

So stay off of those tracks, folks!