Blog Posts in 2010

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Medicare Advantage disbursement

In North Carolina, insurance companies generally don't have to be paid back from car wreck claims as there is an anti-subrogation regulation. There are many exceptions to this general rule. One such ...
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Insurance Adjusters

Recently, there has been a disturbing trend in the communications from adjusters to people hurt in wrecks. Some adjusters are telling the people to go to a particular chiropractor. The adjuster says ...
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Texting and Driving

We have all seen a lot lately in the news about the dangerousness of texting and driving. It is estimated that over 16,000 deaths were caused by texting and driving. However, this number is probably ...
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Arbitration Car Wreck Cases

Arbitration in car wreck cases is fairly straight-forward. Both parties pick an arbitrator, and these two arbitrators pick a neutral third. I have been the plaintiff's pick in four cases this month. ...
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Trial Wanda P

My first jury trial was actually going very well. I had a good trial judge, Sue Birch. It was in High Point, and the jury pool was decent. Of course, the case was not very good, your first case ...
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Who is the real client?

We all are required by law to buy car insurance. If we cause a car wreck, the insurance is supposed to cover the damage and defend us. However, some insurance defense attorneys don't really represent ...
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Nursing home abuse

In a recent report by CBS News, around one-third of the nursing homes studied by congress have been cited for abuse. Such instances of abuse included verbal abuse, choking, assaults and even death. ...
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Workers Compensation Third Party Case

Workers Compensation is usually the only remedy for an injured worker. However, if an outside third party caused the injury, then you may have a claim against them as well. If you obtain a recovery ...
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Wrongful Death attorney

Most lawyers can handle car wreck cases, few lawyers can properly handle wrongful death cases. Make sure that you hire a lawyer who has litigated wrongful death cases before, and ideally has tried ...
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Pre-existing conditions

Anyone over the age of 40 will have a spine that is not brand new. Most likely, there will be some mild degeneration which is natural and part of the aging process. Mild degeneration does not mean ...
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Property Damage

You will need to set up a property damage claim with the defendant's insurance company. You will find that information on the insurance exchange slip and the accident report. They will then ...
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Trial Lawyers

Over the years, cases about hot coffee and bad dry cleaning have created somewhat of a jury bias against injury lawyers and plaintiffs. However, the fact remains that if a person is in a serious ...
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Last Clear Chance

North Carolina is one of the few states in the nation that still has contributory negligence. Contributory negligence means that if you contribute to your injuries at all, you can't recover. Insurance ...
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Personal Injury Depositions

Get you talking - Depositions are not usually the confrontational events that you see on TV. Most good defense attorneys instead try the "get you talking" approach. If they can get you ...
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Car wrecks and insurance

Most car wreck cases are fairly straight-forward and should be easy to value for insurance companies, but there are some fact patterns that cause problems. For example, any issues with liability will ...
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North Carolina county differences

Something that is obvious and well-known to trial lawyers is that many cases don't just depend on the facts of the case, the cases also depend on where they are filed. In North Carolina, personal ...
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Pain and suffering damages

The law of North Carolina and most states allow recovery for pain and suffering. However, there is no other area of damages that has a tendency to cause reluctance or rejection by juries. Pain is not ...
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Underinsured motorist coverage

Underinsured motorist (UIM) coverage should be added to your automobile insurance policy. UIM coverage will pay amounts that are not paid by the liability insurance policy of the defendant. For ...
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Wrongful death damages

Wrongful death cases can be very difficult to litigate and prove damages. Some jurors think that money will not bring the deceased person back, so why bother? These jurors must be made to understand ...
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Insurance and Trial

"Insurance" is not admissible in trials in North Carolina. No witness can mention insurance, coverage, claims or anything associated with insurance. The case will be you versus the defendant. So, the ...
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Nursing home arbitration

Most of the major nursing home chains are requiring new residents to sign Arbitration Agreements. These agreements waive the right to a jury trial, and any potential case will be tried in front of ...
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Dehydration in Nursing Homes

Some residents in nursing homes don't have the same sense of thirst, and they must be encouraged to drink. If they aren't encouraged to drink and monitored, they can become dehydrated very ...
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Car wreck medical treatment

There is the real world, and then there is the insurance world. In the real world, if a person gets hurt they don't go straight to a doctor unless they are seriously injured. Sometimes, people get ...
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What nursing home do I choose?

In a nutshell, avoid the nursing home chains. I have been handling nursing home cases for around seven years. I have litigated maybe around fifty of these cases, tried many to jury trials and ...
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How to handle property damage

How do I handle property damage claims to my car? Getting your car paid for can be a real problem when dealing with insurance companies. The first thing you will learn is that the insurance company ...
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26 results found. Viewing page 1 of 2. Go to page 1 2   Next