wrongful death

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:

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.

Wrongful Death Claims After Nursing Home Abuse

December 12, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”

It can be difficult to make the decision for a loved one to reside in a nursing home. When you finally make that difficult decision, you are putting your trust and hope that the chosen facility will treat your loved one with care, caution, and respect. Unfortunately, not every nursing home facility takes the time and resources necessary to care for your loved one. As a result, negligent or wrongful acts can lead to the injury or death of your loved one. With the tragedy of losing a loved one, a glimmer of hope is the option of filing a wrongful death suit to hold those at fault for the death of your loved one responsible. In North Carolina, a wrongful death suit can be brought “when the death of a person is caused by a wrongful act, neglect or default of another.”

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.

What Evidence is Necessary After a Car Accident?

November 21, 2018 | AS Personal Injury Lawyers

Personal injury Lawyer Matt Arnold answers the question: “If I am injured in a car accident or at work what should I do?”

Car accidents never happen at a convenient time. Accidents can result in serious injuries that have consequences far beyond physically pain. In an ideal world, insurance companies would be happy to pay for the damages you are suffering as a result of the accident. Theoretically, you are paying a monthly premium for coverage for accidents or emergencies. In the real world, insurance companies are generally not eager to hand out settlements or large payments. Private insurance companies are much like other businesses; their aim is to increase profits. In order to increase profits, payments for damages must be minimized. A car accident attorney can help you determine what the best course of action is to recover damages. It is important to note that there is no guarantee that compensation for damages can be achieved, but an attorney can give you the best chance for success.

Rights of Construction Workers in North Carolina

September 5, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “Can my employer fire me because I filed a workers’ compensation claim?”

Look around. Every building and structure is a result of the hard work of construction workers who make it their life’s work to be a part of the construction of buildings and structures. Working in construction is not without its risks. Every day, construction workers across the country go to emergency rooms with injuries sustained on the job. One of the biggest risks of injuries to construction workers is the danger of serious falls. However, that is not the only danger to construction workers. In North Carolina, the leading cause of fatal accidents in the state are incidents in which the worker has been “struck-by” an object. It is important for construction workers to know their rights when it comes to work related injuries and for their families to know their rights in the event of a fatality.

Recent E. Coli Outbreak Linked to Romaine Lettuce

July 25, 2018 | AS Personal Injury Lawyers

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

Imagine going to the grocery store, picking out food for the week, preparing that food, and then becoming violently ill. E. coli is a dangerous bacteria that can be found on food and make people ill, or even cause death. The Centers for Disease Control and Prevention have linked a recent outbreak to romaine lettuce. Nearly 200 people all across the United States have been affected by this most recent E. coli outbreak. In addition to people becoming ill, five people have died as a result of the E. coli contamination.

‘Safety Driver’ Allegedly Watching Hulu During Car Crash

July 4, 2018 | AS Personal Injury Lawyers

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

While testing out their new self-driving cars, Uber became the center of some controversy. The self-driving car struck a pedestrian and killed her. There was a ‘safety driver’ in the vehicle, but the driver did not prevent this or intervene to stop the crash, according to The Verge. One of the biggest questions surrounding this scandal is why the driver did not intervene when she should have seen a person crossing the road.

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.

State Fair Accident Sheds Light On Potentially Troubling Government Immunity

April 18, 2018 | AS Personal Injury Lawyers

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

People may be vaguely aware of the notion of immunity, that certain people are legally protected from being sued for their actions. Often this immunity surfaces in cases involving police officers who are generally shielded from personal liability as a result of performing their government sanctioned job. Though the liability does not extend to cover every situation, it is rather broad and can limit or totally eliminate the money that injured individuals can collect from an otherwise responsible party.