Uncategorized

Why Was My Workers’ Compensation Claim Denied?

March 8, 2023 | AS Personal Injury Lawyers

Why Was My Workers’ Compensation Claim Denied?

In North Carolina, as elsewhere, when an employee gets hurt while on the job, they are entitled to file a workers’ compensation claim. An employee may file a claim to obtain benefits if they suffer an on-the-job injury. The North Carolina Industrial Commission (NCIC) administers workers’ compensation. Once you file a claim, the insurance company and the employer review it to make a determination. Sometimes, a workers’ compensation claim is denied. When that happens, you could be left with large medical bills and unpaid time off from work.

Reasons Why a Claim Might Be Denied

Massachusetts High Court Rules MIT is Not Responsible for Student’s Suicide

May 16, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

A recent case decided by the Massachusetts Supreme Judicial Court was watched by many in anticipation of a ruling. The Court’s ruling could impact universities all around the country. A wrongful death suit against a university and some of its staff would determine the liability a university faces in the event of suicide by one of their students.

North Carolina law would discriminate against Richard Sherman’s son

February 3, 2015 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

If he knew any better, Seattle Seahawks star Richard Sherman’s son would be praying his dad never gets traded to the Carolina Panthers.Sherman’s son Rayden, born Feb. 5, does not know any better. He could not know—nor could any infant—that in North Carolina, unless his father takes certain legal steps to “legitimate” him, he cannot inherit from him.

Sherman is not married to Rayden’s mother, Ashley Moss. Media reports refer to Moss as Sherman’s “girlfriend.”

North Carolina law used to call Sherman’s son a “bastard.” That term was replaced by “illegitimate,” a term employed until 2013, when the legislature removed “illegitimate” from the general statutes, replacing the same with the phrase “child born out of wedlock.”

Government trampling on people’s right to know under Freedom of Information Act

August 19, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” If an incident report was filled out, do I have a right to receive a copy?”

What are “White House equities?” No one seems to know. The Obama administration has never defined the term, but it uses it in order to delay “the ability of federal agencies to timely respond to FOIA requests,” according to the Washington Post.

What are FOIA requests? FOIA is an acronym that stands for the Freedom of Information Act. The Act was enacted by Congress in 1966 to, according to the government, “give the American public greater access to the federal government’s records.” In general, the United States was founded as a government by and for the people; FOIA is a means by which the people of the United States can stay “in the know about their government.”

Individual citizens may request information from government agencies, citing FOIA. Many legal and public interest groups use FOIA requests to uncover information that they believe further their causes or prove that their suspicions about government agencies are up to are true.

Some information cannot be disclosed. Information regarding ongoing criminal investigations, criminal informants and the existence of foreign intelligence or counterintelligence are excluded from production pursuant to FOIA. In addition, a range of other types of information is exempted or privileged from production under the Act.

Horrific Hazing Allegedly Cause Of College Student’s Death

March 20, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

The family of a young man pledging the Delta Sigma Phi fraternity at High Point University who died after they say he was subjected to vicious hazing has filed suit against the school and the fraternity. The family of Robert Tipton, Jr. filed the lawsuit after their son was found lifeless back in March of 2012 in an off-campus apartment.

According to news reports, the family claims that the day before he died, Tipton was told he had to attend what the fraternity dubbed a “counseling session” at the off-campus apartment. After arriving, they say that members of Delta Sigma Phi proceeded to viciously haze the young man at the direction of the fraternity’s pledge master.

Specifically, the suit claims that fraternity members assaulted and battered Tipton, resulting in blunt force trauma to the young man’s head. An autopsy revealed contusions to the boy’s head, face and neck, but noted that oxymorphone poisoning officially caused his death. A separate report disagreed with the official cause of death and said that Tipton died due to aspiration of gastrointestinal contents and that a concussion caused by the hazing likely precipitated the aspiration.

The lawsuit says that Delta Sig’s pledge master, Michael Qubein, is also the son of the school’s president. So far, the university has said only that it was saddened by the loss of the young man, but that it believes the lawsuit naming the school is baseless.

Tractor-Trailer Crash In Charlotte Linked To Tired Trucker

January 28, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Is a tractor-trailer accident the same as an automobile accident?”

Police in Charlotte say that the sleepy driver of a tractor-trailer caused a recent fiery crash. The accident happened last week along I-485 in the early morning and left one person seriously injured.

Authorities say that the accident happened near Oakdale Road when a semi drifted out of its lane and ultimately crashed. The big rig caught fire and emergency crews arrived at the scene of the accident a little before 6:45 a.m. Officials with North Carolina Highway Patrol say that an ambulance was used to transport one person to a local hospital.

Investigators say they were able to talk to the driver of the tractor-trailer who said that he may have fallen asleep at the wheel and did not remember what happened prior to the accident. Police officers say it is likely that that the driver was simply exhausted after a long shift of driving and drifted off, creating a terribly dangerous situation for himself and other motorists.

The driver of the truck has since been cited with failure to maintain lane control as well as careless and reckless driving. Though no one died in the crash, the accident highlights the dangerous things that can happen when tired drivers get behind the wheels of their cars or trucks.

Young Man Dies After Black Friday Shopping :: Charlotte Personal Injury Lawyer

December 17, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

One tragic North Carolina accident highlights the very real danger of driving while exhausted. Troopers from the North Carolina Highway Patrol have said that a young man died in a single-car accident after a long day of shopping over Black Friday.

According to officials, the Gaston County, NC wreck happened after Patrick Henry Boyd, a 19-year-old from Clover, SC, fell asleep behind the wheel of his 2011 Honda Accord. Investigators say that the group had been shopping all night at Concord Mills and that accident reports indicate that the car was traveling about 50 miles per hour before drifting off of the road. Officials say that there was no evidence that Boyd tried to brake, another strong indication that he had fallen asleep. Emergency responders say there were four other people in the car at the time of the wreck, all of whom were asleep during the crash and all of whom were wearing seatbelts at the time.

The vehicle driven by Boyd ultimately drifted out of its lane and slammed into a sign located at 1901 South Point Road. Two of the passengers were in serious condition following the accident while another two were treated for relatively minor injuries. All four were transported to CaroMont Regional Medical Center in Gastonia.

Police investigators say they have since interviewed other passengers in the car who said that prior to the accident Boyd mentioned how tired he was. The accident serves as tragic reminder that driving while tried can be even more dangerous than driving drunk.

This was confirmed when the National Highway Traffic Safety Administration released a study that found that fatigued driving is one of the leading causes of car accidents in the country. The study concluded that sleepy drivers are responsible for about 20 percent of all car wrecks.

Five Seriously Injured Following Accident At North Carolina State Fair :: Personal Injury Attorneys and Lawyers in Charlotte, NC

October 31, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A recent news report revealed that several people in Raleigh, North Carolina were transported to WakeMed hospital for treatment following an accident Thursday evening involving a popular ride at the North Carolina State Fair.

Officials say that given how recently the accident occurred they are not yet sure of precisely how many people were injured. However, witnesses told local reporters that five people, maybe more, were seriously injured when they were thrown from a spinning ride. A WakeMed spokesperson confirmed that five people from the fair were under evaluation by doctors in the emergency room, but could not say how serious their injuries were.

Though details are sketchy, fair officials say that the accident took place on the Vortex ride which is located near the old midway between Gates 4 and 5. Witnesses say that accident took place on the newer of two Vortex machines and that it appears as if the victims fell out of the pendulum-swing ride. One person told a local NBC station that he heard a crashing sound soon after getting off the ride. When he turned around he saw several people lying face down on the ground and the ride’s operator then fell to his knees crying. The entire area surrounding the ride has since been shut down as emergency crews work at the scene of the accident.

Though most people understand that some amount of risk is associated with amusement park rides, many would be surprised to learn just how often serious injuries occur on seemingly safe rides. According to the Consumer Product Safety Commission (CPSC), more than 7,000 people seek emergency room treatment for amusement park injuries in the United States each and every year.

Trucking Accident Lawyers in Charlotte, Mecklenburg County, North Carolina :: North Carolina Tractor-Trailer Wreck Caused by Debris From Earlier Accident

October 25, 2012 | AS Personal Injury Lawyers

According to reports, traffic was backed up earlier this week on I-85 in Rowan County, North Carolina between exists 83 and 84 when a UPS truck crashed and a second tractor-trailer crashed on the axle from the first truck.

A UPS driver was headed northbound on I-85 early in the morning heading out of Charlotte, NC when a gust of wind caught the back of the trailer and caused his vehicle to veer. The truck then smashed into a guardrail which knocked the back axle off the trailer.

Only moments later, another tractor-trailer, came down the same northbound lane and hit the axle resting in traffic. The second truck then ran off the side of the road into an embankment. The driver of the second tractor-trailer complained of back injuries and sought medical attention for his injuries.

The UPS driver whose axle caused the second truck to wreck has been charged with failing to maintain lane control.

Legal Problems for Troubled NASCAR driver Jeremy Mayfield

May 1, 2012 | AS Personal Injury Lawyers

A judge in Forsyth County awarded a mail carrier $1 million in damages after she was attacked by NASCAR driver Jeremy Mayfield’s five dogs. Mayfield has been no stranger to legal trouble. He recently had had his home auctioned after he failed to pay the $3 million debt he owed on the property. He is also facing several criminal charges for drug possession and larceny in three different North Carolina counties. He was recently suspended from NASCAR for failing the organization’s substance abuse policy.

The judge, William Z. Wood, awarded the mail carrier, Mary E. Bolton, $1 million after she filed a lawsuit against Mayfield and his wife Shana Mayfield. The Mayfields failed to answer the plaintiff’s complaint and never bothered to appear in court. Thus, a default judgment was entered against the couple and the judge set the amount of damages.

Bolton’s complaint claims that Mayfield and his wife were negligent when they allowed their dogs to be loose on their property. On the morning of April 21, 2011, Bolton was delivering mail on her normal route. She was delivering a package to the Mayfield residence that was too big to fit into the mailbox on the side of the road, outside of the gate to the Mayfield residence. Bolton proceeded to drive her mail truck into the gate. Posted at the entrance to the gate were “No Trespassing” and “Beware of Dog” signs. She drove past those signs and onto the Mayfield property. It was then that she was attacked by the Mayfields’ dogs. Mayfield heard the attack and quickly came to Bolton’s aid. The dogs were confiscated and later euthanized. Bolton was taken to Catawba Medical Center to be treated for her injuries.

As a result of the attack, Bolton suffers from post-traumatic stress disorder. She also has nerve damage and was forced to miss several months of work. She claimed that she lost nearly $15,000 in wages because of her injuries.

Mayfield told reporters that he offered to pay Bolton’s medical expenses, but her attorney turned down that offer. From the facts as told to the News Herald, it seems that Mayfield may have been able to successfully defend against the lawsuit had he retained a personal injury lawyer, and answered the Complaint. However, because he did not show up to defend against the suit, the court only had the plaintiff’s Complaint as evidence on which to base a judgment and damages.