Wednesday, November 9th shortly before 9 a.m. a group home minivan in Guilford County was involved in a car wreck on highway 150. Six of the van’s passengers were transported to the local hospital, and state troopers have reported that no one was life-threateningly injured. According to reports, the van was being driven by an

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 arbitration clauses in contracts between nursing homes and residents are null and void, it ruled that “Congress did not intend for arbitration

In a recent ABC News article, it was reported that: Hospital errors, like the one that led to Josie’s death, are common. As many as one-third of hospital visits leads to hospital-related injuries, according to a report published today in Health Affairs. “We know these types of injuries can increase the risk of other

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 many. It is usually not that bad if you follow one main rule- don’t guess or exaggerate. It sounds simple, and

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,

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

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

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

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 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