Articles Posted in Personal Injury

Car accidents are, unfortunately, more common in the US than one might expect. Did you know that six million accidents occur annually in the US — that’s nearly 16,438 collisions daily? Also, that:

examines empty wallet
If you have been injured severely in an accident caused by someone else’s negligent behavior, you may be confined to bed and under medical treatment. This means you can’t work, and hence lose earnings.

Luckily, North Carolina law gives victims the right to seek reimbursement for lost wages so that they are compensated adequately. However, the nature of your employment and scope of injuries will affect what evidence you need to provide and how difficult it will be to support your claim. And that’s why it is essential to hire an experienced personal injury lawyer in North Carolina who can help you navigate through the process and fight for you to get the compensation that you deserve.

Construction site
Construction work is one of the most dangerous jobs. It is inherently hazardous with a higher risk of injury than other industries. Research shows that nearly 80,000 construction workers annually suffer from work-related injuries which are severe enough to make them miss work. Since the risk of injury is high for the construction industry, the contractor must provide construction workers with a safe work environment.

In addition to this, workers should be provided with proper safety gear and equipment to lower the risk of accidents. In most cases, construction injuries are covered under workers’ compensation laws. But sometimes, an injured construction worker may have to file a personal injury lawsuit to get compensated.

Texting while driving
With the rapid increase in smartphone users in and across the US, distracted driving has become a concern in terms of traffic safety. According to the National Safety Council (NSC), in 2018, 2841 individuals died in car accidents due to distracted driving. However, in the same year, approximately 276,000 people were injured because of distracted drivers, while distracted-affected property damage only collisions totaled to 659,000.

Due to carelessness and negligence of distracted drivers, others are at risk of suffering from severe personal injuries. Every day in the US, nearly nine people die and over a 1000 get injured in accidents that are reported to have a distracted driver. In 2018, accidents due to distracted driving cost the US around 40 billion dollars in damage.

Cargo truck
The growth of the trucking industry is crucial for the US economy. According to the American Trucking Associations, 71 percent of all the cargo and freight tonnage is moved in and out of the US on trucks. And to move approximately 10.5 billion tons of cargo each year, the trucking industry needs more than 3.6 million Class 8 heavy-duty trucks and nearly 3.5 million skilled truck drivers. Simply stated, without the trucks and truck drivers the US economy would take a dip and practically come to a standstill.

Let’s take a look at the current scenario. At present the US trucking industry is short 60,000 drivers. This gap between the demand and supply of truck drivers is expected to increase in the years to come, and by 2026 the United States is likely to become short 175,000 truckers.

Traumatic brain injury
Motorcycles inherently are more dangerous in comparison to cars. They account for only 3 percent of all registered vehicles with nearly 9 million motorcycles on the roads in and across the country. Yet they have a higher number of accidents resulting in fatalities and severe injuries.

The most common causes for motorcycle accidents in the US include left turns, speeding, driving under influence and motorcycle defects. If the rider is not wearing a helmet and experiences an accident, it puts them at a high risk of brain injuries such as TBI.

Signing a Document
If you have been severely injured due to someone else’s negligence, you should file a personal injury claim immediately, before the statute of limitations expires. The compensation from this claim can help you and your family to cope with the financial burden associated with all the medical expenses for the treatment and lost wages due to missed workdays.

Needless to say, getting treatment for any injury is most certainly not cheap, as the average cost of an ER visit is from $150 to $20,000, depending on the severity of the injuries incurred.

Exactly what are punitive damages and when do they apply?  Punitive damages are a civil remedy meant to punish a wrongdoer or tortfeasor, who due to their egregious conduct, has caused injury and damage to others.  Punitive damages are also meant to send a message to the community in an effort to deter the defendant, as well as others, from doing the same thing.

While there are many acts and instances in which punitive damages may apply, such as fraud or malice (both of which require an element of intent against the injured party), one of the most common examples we see in a personal injury setting is when the defendant is impaired, either through drugs or alcohol, at the time of a motor vehicle accident.  In those instances, there is usually no specific intent to harm a specific person.  Instead, the risk is general to anyone who has the unfortunate experience to come in contact with the impaired person that results in an accident that causes injury.  When a driver is impaired, for punitive damages purposes it is generally considered willful and wanton conduct.

Hand with a Bandage on it
Most people are of the mistaken belief that if an injury occurs on someone else’s property that the property owner is responsible for that injury, particularly when that someone else is a business.  However, the law in North Carolina actually favors the property owner or business in the vast majority of situations.  Here are some of the hurdles that must be overcome to prevail in a premises liability claim in North Carolina.

The business or property owner (herein owner) may only be liable in situations where there is hidden danger or condition that was either created by the owner, or the owner allowed the condition to exist on the property for an unreasonable amount of time.   An example of this is where there is water on the floor in a grocery store.  The claimant must be able to prove not only where the water came from, but that the water had been there long enough that the grocery store (through its employees) had an opportunity to remedy the situation.  So, if another customer was walking down an aisle in front of you and spilled their drink on the floor, then you came along a few seconds (or possibly even minutes) later and slipped on the liquid and broke your leg, the owner is likely not going to be liable because they did not create the condition and it had only existed for a short period of time prior to your fall and the store did not have an opportunity to not only learn of the spill but also clean it up.

Severe Motorcycle Accident
The feeling of riding a motorcycle on the highway is like no other! One experiences a range of emotions, from fear to excitement. No matter how fun bike riding may be, it can be dangerous if you don’t take all the necessary precautions. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 27 times more likely to die in an accident and five times more likely to be injured than

four-wheel drivers. In 2017, motorcyclists made up 14 percent of all traffic fatalities, while the annual bike injuries increased from 82K to 88K between 2009 and 2016.

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