Recent Posts in Arbitration Category

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Dram Shop and adults

N.C.G.S. § 18B-305. Other prohibited sales ( Adults unlike Section 120 minors ) (a) Sale to Intoxicated Person. -- It shall be unlawful for a permittee or his employee or for an ABC store ...
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Dram Shop and minors

N.C.G.S. § 18B-120-129 the permittee or the local ABC board: (1 year SoL, only minors, and max recovery is $500,000) (BUT Parents can sue over a child's death case) (Also, there is an ...
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Social Host Liability

Social Host Liability and Common Law "Dram Shop" negligence - a person who serves alcohol to an "obviously intoxicated" person when it is reasonable to expect that person will soon ...
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Bulging or herniated disc cases

Bulging or herniated disc cases Bulging or herniated disc cases are hard fought by insurance defense attorneys. They will rightfully argue that bulging discs can be part of the natural degenerative ...
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Do I need an injury lawyer?

"Do you need a lawyer?" Well, it depends. The easiest answer would be to simply say yes. The law has become very complicated. I have seen many cases screwed up by people trying to do it ...
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You pay for car insurance, do they then work for you?

Do you think that you are in "Good Hands with Allstate", "Nationwide is on your side" or "Like a good neighbor, State Farm is there"? If you have UIM motor vehicle ...
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Pre-existing conditions

Personal injury law is designed to make people whole again. Juries are supposed to take a look at how the plaintiff was doing before the wreck, and then evaluate how they have changed. Most people ...
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Mount Airy personal injury case

A few years ago, a young man went to a bar in Mount Airy NC called B52's. The bar had switched hands over the years, and the newest version was mainly a beer hall that had bands and sold food. ...
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Reidsville Personal Injury Attorney

Around nine years ago, I was assigned a case on the eve of trial by a senior attorney in a prior personal injury firm. The attorney didn't want to try the case because "it was a loser". ...
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Greensboro personal injury case

Not all cases are the same, some can involve significant liability issues. This is especially true when it comes to premises liability claims. I had one such premises liability trial in Greensboro. In ...
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If all nursing homes are understaffed, does that make it ok?

Finally, nursing homes may cynically, and unfortunately, accurately argue that very few nursing homes in North Carolina provide staffing at RUG staff time expectations. Therefore, how could this be ...
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Nursing home arbitration

W. Va. high court rules forced arbitration clauses in nursing home agreements are unconscionable While the court found that the Federal Arbitration Act preempts a state law providing that any ...
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What to do to prepare for a deposition in an injury case?

More and more personal injury cases end up in litigation as the offers from insurance companies has decreased. As a result, many clients may have their deposition taken. This can be nerve-racking for ...
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Insurance is not admissible in trial

Lately, insurance companies have been offering less and less on claims. They are offering trivial amounts, and then forcing people to go to trial. These insurance companies are hoping to win the case ...
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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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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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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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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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