Ruth Smith Law Firm FOCUSED ON Personal Injury and Disability LAW
CALL FOR A Free Consultation
Call 828-782-3832

North Carolina Personal Injury Blog

Special school bus safety operation happening in North Carolina

All kids deserve a safe trip to and from school. Unfortunately, it appears that it is not that uncommon for North Carolina drivers to engage in actions that could endanger students. One such type of conduct is not obeying the restrictions on passing stopped school buses. According to an estimate from last year, each day 3,100 cars do such illegal passing here in North Carolina.

Such behavior by drivers could result in students getting hit while walking to or from a school bus. The injuries from such accidents could have impacts for a child for a very long time, possibly even for the rest of his or her life.

How insurance companies may devalue your personal injury claim

You were involved in a serious car accident in North Carolina that significantly damaged your vehicle and left you with expensive medical needs. You know that you did not cause the accident, and you need access to compensation quickly to avoid insurmountable property damage costs and medical debt.

When filing a claim with an insurance company, a claims adjuster will review your request for compensation through insurance by reviewing all aspects of the accident and your injuries. Unfortunately, during this process, many insurance claims adjusters try diligently to offer you an inadequate amount for your damages and injuries. They use multiple tactics to force you to accept a compensation amount, and you may be left with less reimbursement than you require to recover.

Insurance Companies Denying Smaller Motor Vehicle Wreck Cases

carwreck1.JPG I have noticed a trend in the last couple of years regarding smaller auto wreck claims. Usually, these auto wreck claims involve no personal injuries, but a person's vehicle is damaged in the car wreck. The car's damage might be minor and the car is still drivable after the wreck, or sometimes the car is totaled out as a result of the collision. Liability in the wreck is clear: the person was stopped at a stop light or at a stop sign, or maybe parked in a parking lot, and a negligent driver ran into them. Law enforcement will place the fault of the wreck on the other driver. Sometimes, the negligent driver will even admit that the car wreck was completely his fault.

Injured Worker Can Sue Workers Compensation Insurance Company for Egregious Conduct

On September 4, 2018, the N.C. Court of Appeals delivered a stinging rebuke to a workers compensation insurance company after their unethical treatment of an injured worker.

The problems caused by distracted driving

Driving requires a lot of focus and your full attention. We all know the risks involved in using a cellphone or texting while driving. We even know statistics that tell us that drivers using their phones are more likely to be involved in crashes. Distracted driving affects all drivers from time to time and can come with stiff consequences.

Some types of distracted driving are visual in nature. These distractions take the driver’s eyes off the road. Other distractions are manual in nature, meaning that the driver takes their hands off the wheel. Distracted driving can also be cognitive when the driver’s mind is out of focus.

Preserve the Evidence in Personal Injury Cases with a Preservation Letter

When 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

NC'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

Dog 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

Being 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

Punitive 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.

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.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


Ruth Smith Law Firm Personal Injury and Disability LAW

68 N Market Street
Asheville, NC 28801

Phone: 828-782-3832
Fax: 828-255-8693
Asheville Law Office Map

CALL FOR A Free Consultation