NC Tort Reform

Don’t tell any of my fellow plaintiff attorneys, but over the years I have thought that some caps on damages would be a good idea.  Insurance companies and businesses have to plan for risk.  It is hard to plan when you could get hit for a very large verdict.  So, I thought,

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 on juror bias. They will talk about tort reform and greedy plaintiffs, and try to insinuate that plaintiffs refused to negotiate

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 exception are Medicare Advantage plans.  Medicare itself definitely has broad lien rights on personal injury recoveries.  However, the Medicare Advantage providers are actually private

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 that this chiropractor will do a good job, and some even say to “just send me the bill” after the treatment

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 greatly under-reported. I have been doing personal injury litigation for more than a decade, and not one defendant has ever admitted

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.  Generally, it has been a pleasant process.  Plaintiff’s rarely will “ring the bell” and get an extremely high recovery, but they also

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 shouldn’t be.  An eighteen-year old girl was rear-ended by a car near the Coliseum in

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 you.  They represent the people the pay the bills- the insurance company.  This can become really important if

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. The incidence of abuse in nursing homes is rising. Facilities are not performing adequate background checks, and some staff have convictions

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 against the third party, then you will need to pay the Workers Compensation insurance company back for