Pre-Existing Conditions in Personal Injury Cases

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 have pre-existing conditions, health problems and prior injuries. This is not a big deal. Everyone had some sort

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 while driving. Massachusetts has such a law. A teenager was texting while driving, which resulted in

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. Truthfully, it wasn’t too bad of a place, and the owner had

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 personal injury attorney” really all I got were referral sites. National referral sites have started adding local search terms to make

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 that case, a man and his son were going to an auto parts store. When they got there, they saw some

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, I will use my last car wreck case and jury trial as an example. In that case, the plaintiff was

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 evidence of the standard of care? It takes the same amount of time to change a diaper in Arizona as it does in

Handling Property Damage Claims

Usually, clients can handle property damage claims from car wrecks on their own, but we will help for free if they run into problems. One of the main problems people face is that the insurance company only has to make the repairs with after market parts. This can include used parts or parts not

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 staff should be lower. However, this ignores what the STRIVE study showed. The STRIVE study, and the other

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 sponsored by the Centers for Medicare & Medicaid Services (CMS) along with a collaboration of consumer advocates, clinicians, and the nursing home industry and others.