Personal Injury Blog

The contributory negligence bill that was highly endorsed as a positive move for North Carolina citizens has failed in our Senate. Because of another bill that was attached to it, the unfair practice of contributory negligence will unfortunately continue.

Labels: comparative fault contributory negligence

4/11/2010
Eric Richardson
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The McDonald's Coffee Burn Lawsuit

This is a Test. Before you read further, I want you to set aside your computer and spend a few minutes thinking about your understanding of the famous McDonald,s Coffee Burn Case. Try to recall the facts and the results of this case. After you have spent a few minutes recalling this case, read the following information about the ACTUAL case.

Labels: coffee burn hot coffee Liebeck McDonald's scalding skin grafting

12/13/2009
Eric Richardson
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Ensign Amendment Fails --- Good News for Malpractice Victims

Labels: Burr Ensign Hagan

12/12/2009
Eric Richardson
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City of Charlotte to Settle Wrongful Death Lawsuit for Driver Killed By Falling Tree

Labels: Charlotte Greensboro personal property tree

10/25/2009
Eric Richardson
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Seat Belts = Safety

The National Highway Traffic Safety Administration (NHTSA) in Washington DC has documented a steady increase in the use of seat belts across our nation since 1994. As a result, there have been less unrestrained vehicle passenger deaths. Click here to see this research informaiton.

Labels: National Highway Traffic Safety Administration NHTSA Safety Seat Belts

9/20/2009
Eric Richardson
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Personal Injury Legal Team Welcomes Laurie Stegall

With nearly twenty years of legal experience, Laurie Stegall can handle many situations. Her intelligent, skillful pursuit of justice makes her a huge benefit to our firm and to our clients. As a lifelong resident of Greensboro, Laurie has joined the Oxner Thomas + Permar personal injury group at the Revolution Mills location.

Labels: Laurie Stegall

9/15/2009
Eric Richardson
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Uninsured / Underinsured Motorists Liability Coverage Bill

Senate Bill 749 has passed the House and Senate. It allows drivers to choose their auto insurance coverage amount, permitting them to go above the minimum limits that are now legally required. In that way, motorists can opt for more protection if they choose to, and the limits for anyone are still in place which will serve us all if we are involved in an accident.

Labels: SB 749 Senate Bill 749 underinsured motorist uninsured motorist

9/13/2009
Eric Richardson
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Personal Injury Team Wins Jury Verdict

Our client was traveling home from a friend's house just outside of downtown Greensboro and stopped at a red light. His car was hit from behind and totalled. He had no reported injuries at the scene, but after a night's sleep, he had back pain. He had chiropractic treatment and saw an orthopaedic physician but did not have an operable condition. So he was stuck with ongoing pain and medical bills of $6,700. The insurance company for the driver that hit him (who ironically refer to themselves as the "good hands people") felt that his injuries were worth a settement offer of $5,400, ... yes, $1,300 less than his actual medical bills. Zero for pain and suffering. Zero for lost wages. A Guilford county jury felt otherwise and awarded our client just over $32,000. By the time costs and prejudgment interest were added, "the good hands people" paid over $37,000 for their driver's negligence.

Labels: back pain jury verdict

8/24/2009
Eric Richardson
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Getting an outside appraisal for your damaged vehicle value

The recently ratified Motor Vehicle Property Damage bill (SB 660, to be effective October 1) gives the person who claims the damages on his/her vehicle the right to dispute vehicle value differences that may occur with the insurance company. Specifically, if the before and after vehicle value damage estimates differ between the two parties at more than $2,000 or 25% of the fair market retail value of the vehicle before the accident took place, then the claimant and insurance company may each get an outside appraiser involved to help reach an agreement. Your attorney can give you more details.

Labels: appraisal appraiser dispute motor vehicle property damage bill SB 660 Senate Bill 660 vehicle value

7/31/2009
Eric Richardson
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Update: Product Liability Bill

Great news! As an update to my blog a couple weeks ago, Senate Bill 882 Statute of Repose has passed with flying colors and will be effective on October 1 of this year. Until October 1, an injured person cannot seek recovery in a products liability case if the product that causes injury is over 6 years old. This new law extends that period to 12 years.

Labels: product liability SB882 statute of repose

7/29/2009
Eric Richardson
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Driving and Texting Can Kill You

Five states in our country now outlaw the use of hand-held cell phones while driving. There are 21 states that prohibit the use by new drivers (in NC it's under age 18) and a third of the states deny hand-held cell phones by school bus drivers (including NC). This information, as posted by the Governors Highway Safety Association, highlights the concern by law enforcement of cell phone and texting distractions. Click on this link to see the actual laws (or lack of) in every state.

All drivers are banned from text messaging in 14 states (NC included), with 10 of the states restricting new license holders from texting while driving. Crash data collection, from police reports and survivor and witness interviews, shows that driver distraction can greatly increase the risk of an accident.

In a study released this week by the Virginia Tech Transportation Institute, the dangers of driving a long-haul truck and texting were capitalized. There was a six times greater risk of a crash or near crash when the driver was texting or dialing a cell phone -- when his eyes were off of the road. Drivers were aware of video cameras and software in their trucks for these studies and the researchers could see the near-miss scenarios and actual accidents that occurred. To read more information about the study, click here.

As noted in one article, the ever-present "ping" of an incoming text or the ring of a cell phone can be difficult to ignore, but it may just save your life. Think about it. Focus on the road and don't be a multi-tasking overachiever.

Labels: cell phone Governors Highway Safety Association text messaging Virginia Tech Transportation Institute

7/21/2009
Eric Richardson
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Medical Malpractice Case Punishes the Whistleblowers

A recent medical malpractice case involving a doctor in Texas ended up getting the nurses who reported him fired from their jobs and facing possible prison sentences. It's been reported that the nurses sent patient medical records directly to the Texas Medical Board about the lack of care that the doctor's patients were receiving from him. They were not granted permission by the patients involved but they felt that the misconduct needed to be reported to the Board anonymously, and only patient record numbers were used.

The original complaint which involved a concern for patient safety has turned against the very people who were trying to right a wrong. This case shows how difficult it can be to succeed with a malpractice case against a physician. The tactics used by the defense attorneys will make anyone second guess whether or not a wrongdoing should be reported, and that's just not right.

Labels: medical malpractice whistleblower

7/16/2009
Eric Richardson
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Product Liability Bill News

The House Commerce Committee has passed Senate Bill 882 Statute of Repose (Product Liability) which extends the statute of repose for damages caused by defective products from six years to 12 years (from date of product purchase). A statute of repose is an end point for pursuing a claim. Generally speaking, an injured party is barred from seeking recovery in a products liability case if the product that causes injury is over 6 years old. This new law, if passed, would extend that period to 12 years.

The statute of repose is different from a statute of limitation, which, in North Carolina, states that an injury victim has 3 years from the date of injury to pursue a claim (or 2 years if the injury causes death). Regardless of when the injury occurs, if the product is over 6 years old (or 12 years under the proposed legislation) then you cannot pursue the product liability claim. Understanding the interplay between the statute of repose and the statute of limitations can be difficult. We encourage you to seek legal advice in sorting them out.

The bill will now go to the House Judiciary Committee for approval. Hopefully it will become law later this year, and we will keep you updated.

Labels: house commerce committee house judiciary committee product liability recovery SB882 senate bill 882 statute of limitations statute of repose

6/29/2009
Eric Richardson
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Uninsured Motorist Coverage Should Be Extended

Setting the scene: Let's say you're driving down the road and another vehicle crosses over the yellow line, swerves into your lane and is about to hit you. As you try to avoid getting hit by the other car, you turn your wheel hard to the right and go off the road and into a tree. Your car is totaled and you have injuries. The other car never hit you and sped away. The at-fault driver's identity is never discovered. Fortunately, a witness traveling behind you saw the whole thing happen and stops to give you assistance.

How do you recover? The at-fault driver's insurance is unavailble because it's unknown. If you have uninsured coverage, the insurance company won't pay the claim because North Carolina law requires, in a "hit and run," that there be some physical contact from the at-fault vehicle in order for you to recover. The current law is protecting insurance companies from paying claims for single car accidents caused by the driver. But in the case of having a witness to verify the events, the proposed law would allow the described accident to be treated as a "hit and run."

We at Oxner Thomas + Permar feel that Uninsured Motorist Coverage should include coverage for the injured person and his or her vehicle any time the victim can prove that another person caused the accident (with a witness, video coverage from a nearby business, etc.)

Labels: uninsured motorist coverage

6/25/2009
Eric Richardson
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Why are injury victims expected to wait so long for a recovery?

It has become customary for liability insurance companies to "delay and pay" claims of injury victims in North Carolina. Normally, when a person is injured in an automobile or other accident he or she must wait until the very end of the case to receive compensation from the negligent party's insurance company. When legitimate questions of liability occur, it's understandable that the insurance company will not pay a claim without more information or proof of negligence. However, what about the clear liability cases? Even these cases can go on for more than a year. In the meantime, the injured party is expected to carry on the payment of everyday bills and expenses. How can an injury victim who is unable to work make ends meet? And what if the injured party does not have personal health insurance or medical disability coverage and so their doctor and hospital bills fall behind for payment, or, what's worse, the injured person simply doesn't go to the doctor and get the needed treatment because there's no money to pay upfront. Many doctors refuse to treat patients without insurance, hoping for payment later when and if a settlement occurs.

Who in the legislative system can right this wrong? It is not a law that the insurance company must wait until the end of the case to start payment. In clear liability cases, the insurance company normally settles the property damage portion of the case very quickly so they are accepting liability and fault on behalf of their insured. But the injury proceeds rarely come forth so quickly. The insurance company wants to make one payment, in exchange for a complete release, to settle the case. And because of that position, injury victims must wait until they are sure they are finished with treatment before considering a settlement. It is merely the insurance company's decision to wait and wait and wait to pay for lost wages and medical expenses until one global settlement is reached or until they are legally required by a court to do so. Unfortuately, this can set up the injured person for a catastrophic situation where he or she gets so desperate that the injured party actualy considers the often ridiculous low ball settlement offers from the insurance adjuster just to get some money -- any money -- to survive. And for these injury victims, the "delay and pay" system doesn't work.

Labels: delay and pay

6/14/2009
Eric Richardson
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Update on Contributory Negligence

Good news -- the House of Representatives has passed House Bill 813 which would change North Carolina's law of contributory negligence to instead be a law of comparative fault. Read the blog below to find out why this is such a great step for our state. The NC Senate is now reviewing the bill. We will keep you posted on the status of this important legislation, and we'll keep our fingers crossed that it becomes law soon.

Labels: comparative fault contributory negligence

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