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North Carolina Personal Injury Blog

Preserve the Evidence in Personal Injury Cases with a Preservation Letter

photos for website 005.JPGWhen a person is injured in an accident, it is important that they first seek medical care. Once their injury is stabilized however, it is crucial that the injured person preserve evidence relating to their accident. Because persons who cause accidents very often lie about what happened, and it can take months or even years for a personal injury case to get to court, it is important that injured persons have the evidence they need to when their case. A preservation letter can help with that evidence.

Worker's Compensation Laws Limited in Protecting Injured Workers

courthouses east 021.JPGNC's worker's compensation laws are designed to provide medical care necessary to help injured workers heal and return to work. The law requires employers to pay for this medical care when one of their employees is injured on the job. Unfortunately, a 2014 change to the workers compensation rules has allowed less ethical employers to choose profits over the health of injured workers. The N.C. Court of Appeals has recently ruled that when an employer fails to provide health care and profits by doing so, the courts are limited to stop the practice.

Dog Attacks Becoming More Common Due to "Pet Friendly" Businesses

dogfriendly.jpgDog attacks on customers inside "pet friendly" stores are becoming more common in western North Carolina. Lowes, Home Depot, Tractor Supply, and other stores are "pet-friendly", meaning dog owners can bring their dogs into stores while they shop. Restaurants are prohibited from allowing non-service animals (including emotional support animals) into areas where food is prepared and served by North Carolina health codes. Other businesses, however, in an attempt to attract pet lovers, are more than willing to allow dogs into their stores.

Injured workers need to know their rights in workers compensation

roofer2.jpgBeing injured on the job and going through a worker's compensation claim can be challenging. The injured worker has to be concerned with getting his/ her workers compensation checks, filing the correct forms with the N.C. Industrial Commission, dealing with doctor visits, and other various issues. Therefore, it might seem like a relief to the injured worker when the insurance company assigns a nurse case manager to "help" the injured worker. In some situations, nurse case managers do in fact help the injured worker obtain medical care and prescriptions. Unfortunately, many times the nurse case manager does not act in the injured worker's best interest and can be merely a tool used by the insurance company to interfere with an injured worker's medical care.

Punitive Damages may be available in Car Accident Cases

carwreckflipped.jpgPunitive damages may be available when a person is injured in a car accident or other accident. When a person is injured in a car wreck of other accident which is the result of the negligence of someone else, the injured person can recover "damages". Damages is a legal term for the harms and losses that the injured person in the car wreck received in the wreck. Usually, these damages are limited to "compensatory damages". Compensatory damages are those damages that are equal to the harms and losses. For example, in a car accident, compensatory damages might include the cost of fixing the automobile, medical bills, lost wages, and pain and suffering. A settlement or jury verdict should equal the harms and losses suffered by the injured person unless there are problems with liability and/ or disputes over the amount of harm caused by the wreck.

Understanding Traumatic Brain Injury After a Car Wreck or other Accident

DSCN1837.JPGWhen a person is injured in a car wreck, motorcycle wreck, or other personal injury, sometimes the most harmful injuries are those that you cannot see with the naked eye: a brain injury. Sometimes brain injuries are obvious and an injured person's functioning is so impaired that they are left unable to speak, walk, or feed themselves. Other times, the brain injury is subtler. Called a mild traumatic brain injury (mTBI) , these injuries can be as devastating as a spinal cord injury or any other serious injury. However, because the injured person may "look" normal, it can be more difficult to recover compensation for these types of cases.

Some Social Security Disability Cases May Be Delayed Due to Government Shutdown

Ruth Blog.JPG As the federal government has "shut down" due to a lack of a funding agreement in Congress, Social security disability applicants and recipients are concerned about what will happen with their cases and social security benefits.

New Workers Compensation Rules Could Limit Pain Medications to Injured Workers

pills4.JPGIn many workers compensation cases, injured workers have broken bones, torn ligaments, open cuts and other serious personal injuries. Some injured workers require surgery to repair their injuries. Some injured workers may even require multiple surgeries to repair their injuries. For still other injured workers, surgeries do not fix the underlying injuries, and the injured worker must simply learn to live with a life of pain.

Social Security Administration Tightens Rules for Disability

Getting social security disability might have gotten more difficult thanks to recent rule changes by the Social Security Administration. These rule changes will only apply to persons applying for disability after March 27, 2017. Thus, if a person has applied for social security disability before that date, even if they do not have a hearing yet, these rule changes will not apply to their case.

Recent Injury to Elderly Woman Places Focus on Elder Abuse

20170615_183835-(002).pngA recent case of alleged elder abuse coming out of Mitchell County, NC has again focused the public's attention on this often hidden crime. Earlier this week, Ms. Brandi Tipton (age 36) and her husband, Frank Viola, Jr. (age 36) were arrested and charged with abuse of Tipton's mother, a 66 year old disabled woman. Police allege that they found the victim malnourished, covered in feces, and with maggots living in her hair. For more on this story, visit:

Find Out How We Can Help Today!

When you have been injured by someone else's carelessness or negligence, you want help. Dealing with doctors, insurers, lawyers and courts can be overwhelming at a time when you are hurt and simply want to feel better again.

That's where Ruth can help. She understands claims' procedures, court filing deadlines and what you need to do to begin your recovery and protect your rights. Call for a free initial consultation at 828-782-3832 or use our convenient online form and we will get in touch with you. While based in Asheville, Ruth Smith serves clients across North Carolina and South Carolina.

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