Articles Tagged with negligence

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

A recent slip-and-fall case out of New Jersey managed to grab the attention of the state Supreme Court. The New Jersey High Court ruled unanimously on Monday that instructions to the jury in a lower court personal injury case were flawed and that this prejudiced the result, leading the Court to order a new trial.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does the “one-bite rule” mean in NC dog bite cases?”

I recently came across an article listing some of the most common examples of personal injury claims. As you might expect, the list began with car accidents, an incredibly common source of personal injury cases in North Carolina and elsewhere. The sheer number of vehicles on the road all but guarantees a constant supply of new automobile injury cases. Another category on the list that is less well understood concerns premises liability. Though few people know the phrase, premises liability is an important concept that touches on a wide range of injuries and represents a sizable chunk of personal injury cases. To learn more about premises liability in North Carolina, keep reading.

Charlotte Personal Injury Lawyer Matt Arnold answers the question “What if the accident was my fault?”

Lawyers representing the victims of a fatal crash on I-85 near Chapel Hill have added two businesses as named defendants to their lawsuit. The crash occurred when a 20-year-old UNC student, Chandler Kania, collided head on with a vehicle on I-85 while traveling in the wrong direction on the interstate. The crash occurred at 3:00 a.m., killing three and leaving a nine-year-old girl as the only survivor in the victims’ car.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

A recent article out of St. Louis discussed a woman who was injured by a flying object and has now sued the restaurant where she suffered her injury. The woman complains of seemingly serious injuries, yet many experts believe her case is likely to be tossed out of court. The reason has to do with something referred to as the “baseball rule” and can have an important impact on personal injury cases. To find out more, keep reading.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “The insurance adjuster is saying I am partially negligent what does that mean?”

Bloomington, Illinois-based State Farm Fire & Casualty Co. bills itself as a company full of people who have a passion for carrying out the company’s mission of being a good neighbor.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “The insurance adjuster is saying I am partially negligent what does that mean?”

The failure by the mother of a little-league softball player to allege that an area recreation district owed her a duty has led to the dismissal of her lawsuit. The judge that dismissed the lawsuit—Circuit Judge Barbara Crowder—left the door open, however, for the woman to bring the suit again.

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

 

Woman causes husband’s death, sues herself for negligence, wins, then pays herself the money. If one believes the headline, it is true. A closer look reveals the headline is only partially true.

Overturned Car Accident Charlotte Injury Law firm North Carolina negligence LawyerOn December 27, 2011, Barbara Bagley lost control of the vehicle she was driving in a Nevada desert and struck a sagebrush, causing her car to flip over. Her husband, who was a passenger in the vehicle, passed away nearly two weeks later as a result of injuries sustained in the crash.

Bagley became the personal representative of her late husband’s estate, meaning she is the person empowered by law to collect her late husband’s assets, pay claims of his creditors, and distribute proceeds of the estate to heirs.

Part of the assets of an estate—depending on the state in which one resides—are proceeds from claims that were filed or may have been filed before or after a person’s death.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is a tractor-trailer accident the same as an automobile accident?”

 

Motor vehicles and the virtually unfettered freedom of movement throughout the United States they have afforded have become staples of American life over the past century.

Self driving car Charlotte Injury Lawyer North Carolina Car accident AttorneyThose staples are not likely to disappear anytime soon, but if technology giant Google, Inc. has its way, the manner in which many people move around the country in motor vehicles may be in for a drastic change.

The company recently announced that it had developed a “fully functional” prototype of a self-driving car. It is now seeking corporate partners in the automobile industry to bring self-driving cars to market within the next five years.

New York personal injury lawyer Eric Turkewitz said the self-driving cars will have the ability to “see the other cars/pedestrians and slow down or stop despite the driver being lost in thought elsewhere. Or drunk. Or asleep…” As Turkewitz notes, the self-driving car software automatically slows or stops the car when it senses an impending collision. Turkewitz thinks the software may lessen or eliminate crashes caused by human error. As a consequence, the number of crashes will be reduced and, Turkewitz speculated, less people will die or be injured in car crashes each year. That will lower insurance premiums for drivers and may reduce the number of personal injury lawsuits brought by claimants injured in car crashes. That would mean, in theory, less work for personal injury attorneys.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

 

The State of Maryland’s first-ever ordained female Episcopal Bishop is in the news over the holidays for all the wrong reasons.Damaged bicycle Charlotte Mecklenburg Injury Lawyer North Carolina Wrongful Death AttorneyHeather Elizabeth Cook is the second-most-powerful officer in the Episcopal Diocese of Maryland. The diocese confirmed on Sunday that Cook was behind the wheel of a Subaru that sustained damage in a “massive impact” with 41-year-old custom bicycle builder Tom Palermo. Palermo was riding a bicycle when Cook’s vehicle collided with him.

Palermo was killed in the accident. Cook initially fled the scene, but returned about twenty minutes later to take responsibility for the accident. The diocese insisted that since Cook returned to the scene, the accident was not a “hit-and-run.”

Lora Peters, a cyclist who encountered Palermo after the crash, said Palermo was still alive when she found him. Peters said Cook may have been able to help Palermo or to call for help if she had remained on the scene. A local biking advocacy group, Bikemore, released a statement alleging that “the driver of the car involved initially fled the scene, leaving Tom to die on the street.”

Cook has not released any public statements about the accident, however the Episcopal Diocese has revealed that she has been suspended from her post because she may be facing criminal charges related to the accident.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

Madison County, Illinois accounts for .08-percent of the nation’s population, but the tiny county just east of the Mississippi River accounts for 25-percent of asbestos lawsuits in the United States.

Demolition Mecklenburg Injury Attorney North Carolina Accident LawyerCritics allege that personal injury attorneys have had “cozy relationships with Madison County judges,” which has turned Illinois into “a haven for frivolous lawsuits.”

The Madison Record has reported that 90-percent of plaintiffs who file asbestos-related lawsuits in Madison County do not live or work in the county. On a recent day, 181 asbestos-related lawsuits were set for trial. Only one of the plaintiffs named in the lawsuits lived in Madison County.

The Record reports that “in one memorable instance,” a judge was given $30,000 in campaign funds by asbestos law firms a few days after the judge gave the firms coveted trial dates for upcoming court sessions.

Personal injury lawyers and their allies stepped up their game during the Illinois legislature’s recent fall “veto session,” a session controlled by a lame-duck legislature taking action on vetoes issued by a lame-duck Governor. Governor-elect Bruce Rauner has promised to make lawsuit reform a top priority when he takes office next year.

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