negligence

North Carolina Supreme Court Rules on Collateral Source Rule

March 6, 2019 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”

The collateral source rule in North Carolina states that a plaintiff’s award in a personal injury suit can not be reduced by amount that is received by third-party sources. For example, if you are in a car accident and are injured, you might receive payment from the insurance company for medical bills. In a personal injury suit, the amount paid by the insurance company could not be reduced from the overall award amount. Recently, the North Carolina Supreme Court expanded the application of the collateral source rule.

Debunking Wrongful Death Lawsuit Myths in North Carolina

February 27, 2019 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

The loss of a loved one is often a time of intense grief and sadness. These feelings are only magnified when a loved one’s death is caused by the negligence or wrongful act of another. In these instances, there are legal remedies available to the surviving family members. A wrongful death lawsuit is an avenue for the surviving family to collect compensation for their loved one’s wrongful death. However, sometimes family members are reluctant to reach out to a wrongful death attorney to learn more about the options available to them. The following are common myths surrounding wrongful death lawsuits that can prevent grieving loved ones from pursuing the compensation they deserve:

Should I Settle a Personal Injury Suit?

January 16, 2019 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “What is the value of my case?”

The aim of a personal injury suit is to compensate an injured party for his or her injuries caused by the negligence or wrongful act of another. An injury can be devastating to a person. Not only is a victim left recovering physically, but he or she could experience mental distress and financial hardship. When most people think of filing a personal injury suit, they picture going to court and having a judge or jury come to a decision. However, the majority of personal injury suits never make it to trial. In fact, most cases settle before they even broach the option of a trial. A settlement involves both sides coming to an agreement about the injuries and the compensation owed. However, settlement is not right for everyone. You must consider a variety of factors before deciding whether to settle a case or go to trial.

Misconceptions Surrounding Wrongful Death

December 26, 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?”

The death of a loved one is not something that anyone wants to think about. Suddenly, you are plunged into a world of funeral arrangements, paying medical bills, and trying to emotionally recover from the loss. This devastation can be compounded when the death is caused by the negligence or wrongful act of another. In North Carolina, when the death of another is caused by the negligence or wrongful act of another, there is the potential to bring a wrongful death action and receive compensation. Wrongful death actions sometimes have a bad reputation, however, and many people have incorrect misconceptions about filing suit. The following are misconceptions about wrongful death actions and why those misconceptions are incorrect.

Is the Hospital Responsible for a Wrongful Death Claim?

December 5, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

The hospital is supposed to keep you safe and help you heal from whatever medical emergency or problems you are having. However, hospitals are not immune from making mistakes and, sometimes, can cause the death of a patient. Depending on the circumstances of the death, the victim’s loved ones may be able to file a claim for wrongful death. If the death of your loved one is caused by the negligence or wrongful act of another, the personal injury attorneys at Arnold & Smith, PLLC are here to help.

Medical Malpractice in North Carolina

October 24, 2018 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “What is Maximum Medical Improvement and how does it effect my claim?”

When we are sick, injured, or otherwise needing medical attention, we expect our medical professionals to treat us with care and attention so that we can get back to our “normal,” healthy selves. Doctors, nurses, hospitals, and other medical staff/providers are responsible for the well-being and care of people and therefore are held to a standard of care to provide to their patients. Even with care requirements, mistakes can happen that result in additional injuries or damages to an individual. This sometimes results in a legal claim for medical malpractice.

Punitive Damages in North Carolina Personal Injury Cases

October 3, 2018 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “How long will it take for my case to be resolved?”

Injuries can be devastating to every aspect of your life. You might be physically suffering an injury, trying to heal, juggling doctors appointments, or even just surviving the financial burden an injury can have. Outside of the medical costs associated with injuries, there are other financial aspects that people might not consider. If you are injured to the extent that you are unable to work, you have lost wages. In fact, you might even permanently be unable to perform job functions, impacting the earning potential you have for the rest of your life. In North Carolina, when an individual is injured through the negligence or wrongful act of another, that person can seek damages through a personal injury suit. There are many different factors that go into calculating damages.

The Importance of a Preservation Letter in Personal Injury Cases

September 26, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”

Being involved in an accident, or injured in any way, can be devastating and hard to deal with. You might suddenly be left with medical bills and no way to pay them, the loss of a job because you cannot perform the same functions, or even just the difficult task of recovering from an injury. When an injury is caused by the negligence of another, you might be entitled to recovery through a personal injury suit in North Carolina. A personal injury suit holds the responsible party civilly liable for your injuries and often requires them to pay you damages for the injury. This might seem like an easy and straightforward process, but it can be complicated and must be done correctly in order to receive a favorable judgment.

Three Surprising Factors that can Affect a Personal Injury Award

September 19, 2018 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “What is the value of my case?”

When you have been injured, regardless how serious, the first priority is healing and figuring out how to move forward with your life. Additionally, you might also decide to pursue a legal avenue for recovering for your damages. A personal injury suit is a way to recover damages for the injuries you sustained because of the negligence or wrongful act of another. You might think that this is straight-forward. You get injured, file a suit, prove damages, and receive your award. This is not always true. Personal injury suits can be complicated and difficult. There are many factors, which might be surprising to some, that can alter personal injury suit outcomes.

The Tax Ramifications Associated with Personal Injury

August 15, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “The insurance adjuster is saying I am partially negligent what does that mean?”

Everyone must pay taxes on their income. The United States Tax Code is set up so that every person working in the United States pays a portion of federal income tax. There are many distinctions made within the Code that define what is income and what is not income. Everyone always thinks of tax implications and ramifications for employment income, but what about the income one receives in a personal injury suit? Is that taxed as income? Does only a partial amount of the reward get taxed? President Trump’s tax changes have altered prior tax law regarding the handling of personal injury settlements.