ERISA Liens

Where a personal injury claimant has medical insurance through a private ERISA health plan that is “self-funded”, and that insurance policy paid on medical expenses related to the injury, the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. applies.  In North Carolina, typical medical liens are paid out under (more…)

Medical Liens in Personal Injury Cases

When a medical provider has provided services related to injuries at issue in a personal injury claim, N.C. Gen. Stat. § 44-49 provides the medical provider the right to assert a lien on any recovery.  That is, the medical provider may require that some money from the settlement funds be paid to the medical provider (more…)

What To Do When You Are Injured

When you are injured in a motor vehicle accident, slip-and-fall, or otherwise, the actions that you take immediately thereafter are vital to the success of your case.  First and foremost, recovery under a claim for personal injury is designed to compensate you for the loss that you have suffered.  This loss primarily comes in the (more…)

Beating the Software: How to get the Settlement you deserve

If you have ever been injured and tried to recover from an insurance company, then you know how stressful it can be dealing with the adjuster.  The negotiation process for a settlement can leave a victim wondering how the insurance adjuster evaluates a bodily injury claim.  The fact is many of the major insurance companies (more…)

Recovering Under An Uninsured Motorist Policy

In a perfect world, every time there is an automobile accident, the person at fault has insurance to cover whatever damage they may have caused.  However, this is not the reality of many accidents in North Carolina.  In 2012, it was estimated that 12.4% of drivers in the United States did not have insurance.  Given (more…)

What to Do If You’ve Been Involved in an Auto Accident in North Carolina?

An auto accident can be one of the most frightening events you will encounter.  It is important to attempt to remain calm and make sure that the situation is handled in a way that ensures you receive the medical treatment that is vital to your recovery.  First, you should always contact law enforcement as quickly (more…)

What to Do If You’ve Been Involved in an Auto Accident in North Carolina

An auto accident can be one of the most frightening events you will encounter.  It is important to attempt to remain calm and make sure that the situation is handled in a way that ensures you receive the medical treatment that is vital to your recovery.  First, you should always contact law enforcement as quickly (more…)

Unavoidable Accidents

The law of negligence makes a defendant not liable for unavoidable or inevitable accident even when he/she has used less than due care.  An unavoidable accident is an incident that was not intended and which, under all the circumstances, could not have been anticipated or avoided by the exercise of reasonable precautions. An unavoidable accident (more…)

Employees’ Traveling and Workers’ Compensation

If an injury is an accident that arises out of and in the course of employment, it is compensable under the North Carolina Workers’ Compensation Act. The worker/claimant has the burden of proving the requirements. The injuries suffered during the travel related to work may be compensable if the injuries are incurred: while at lodges, (more…)

Product Liability and Failure to Warn

The failure of a manufacturer or seller to warn as to dangers associated with its products may make them liable for the damages suffered by the intended users of the products.  In American Law, the action for damages for failure to warn is widely recognized. Generally, a manufacturer or seller has a duty to warn (more…)