Recent Posts in Trial Category

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Medical Malpractice Third Leading Cause of Death?

Medical Malpractice is the third leading cause of death in the US?!? The CDC totals the leading causes of death every year, and here is the link for last year : As you can see, heart disease is number ...
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Camden Place Health and Rehab

REVIEW 2015: Camden Place Health and Rehab is now a 4 star or above average facility. Their overall staffing levels have fallen to 3 stars or average: Camden NC Total number of residents 120 87.2 87.4 ...
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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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What to expect from jury duty

All of the following comments apply to civil court only, as I don't handle any criminal cases. Civil court hears personal injury, contract disputes and other types of dispute cases. In criminal 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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Texting and driving dangerous combination

Jail time for texting. This past week should be a wake-up call for all drivers who use their cell phones while driving- you can actually go to jail. Many states now have laws that prohibit texting ...
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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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Cherryville personal injury attorney

I am from Cherryville and graduated from Cherryville H.S. in 1987. I was just looking online to see what personal injury attorneys practice in Cherryville. Not many. When I Googled, "Cherryville ...
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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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Winston-Salem car wreck trial

What are Winston-Salem jurors like, and how does Winston-Salem compare to other counties? Of course, the following only applies to civil court as I don't practice criminal law. With that in mind, ...
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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 homes pocket the money

Nursing homes will argue that the RUG scores are for Medicare residents only, and that most of their residents are paid by Medicaid. Since the Medicaid reimbursement is a lot lower, the number of ...
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Nursing Home Staffing Studies

The Staff Time and Resource Intensity Verification (STRIVE) study evaluated the relationship between reimbursement and the actual staffing required to provide care per RUG score. [i] This study was ...
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Drunk Driving NC negligence

In addition to the statutory Dram Shop causes of action described in earlier posts, attorneys may bring a common law negligence claim against anyone who provides a visibly intoxicated person with ...
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How are nursing homes paid?

From 1965 until 1998, nursing home facilities were paid on a cost-based reimbursement system by combining cost reports with the number of patient days. In 1998 payment was switched to Prospective ...
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NC Dram Shop Law adults

In North Carolina, NCGS section 18B-120 and the subsequent sections address injury by drunk driver s that are under the age of twenty-one. The following sections address drunk driving by adults: ...
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Generic drug dangers

Recently, the New York Times had an article that addressed the lack of accountability for generic drug manufacturers. The U.S. Supreme Court held that generic drug suppliers don't have the same ...
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How to find out nursing home staffing levels

Facility information on staffing can be found through a variety of sources. The primary pre-suit source of information is the facility licensing file. Of course, you should never file suit without ...
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NC Dram Shop Law

North Carolina law regarding a bar, restaurant or nightclub's potential liability for the sale of alcohol to an underaged person and drunk driving can be found in NCGS 18B-120: § 18B‑121. ...
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Nursing Home NC Staffing Requirements

All nursing home staff, defendants and most attorneys state that the minimum staffing requirement in North Carolina is 2.1 nursing hours per patient day (nhppd) based on the administrative code. [i] ...
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