I live in a neighborhood that is teeming with deer (and coyotes, foxes, rabbits and geese) and as the days are getting shorter, I am more vigilant when driving so as not to have an accident with one of the furry critters. Ask my partner, Jennifer Seate. She hit one of them as she was exiting my neighborhood last year. I was reading on the N.C. Department of Transportation’s website that the majority of deer related collisions occur between October and December as it is both mating and hunting season. It is especially hazardous between the hours of 5:00pm and 7:00am. The DOT shared some helpful hints and I found a few more online:

• Drive slowly.
• Keep a sharp lookout, particularly during the hours mentioned above and in any area where deer crossing signs are posted.
• If driving at night, use your high beams.
• Be aware of your surroundings.  Don’t look just straight ahead but scan the areas to the left or right for deer near the side of the highway.  If using your high beams, you should be able to see the glow of their eyes.
• Remember, deer travel in herds.  If you see one, there are bound to be more so don’t think you are safe just because you dodged one crossing the highway.  More may be coming.
• Most importantly, if a deer jumps out in front of you, do NOT swerve to avoid the deer.  You will increase your chances of flipping your vehicle.

If you do hit a deer, the damage to your vehicle should be paid for under your comprehensive coverage.  If you swerve to avoid the deer, and end up hitting something else, your damage will probably be paid under your collision coverage, which has more of a chance of your rates going up.  By driving prudently and following the above tips will hopefully keep you safe from having an accident with a deer.

Yes, our firm handles mostly automobile accidents but we do take on a variety of other injury claims.  Several years ago, I represented a wonderful man who got caught in a terrible house fire.  While trying to save his two young children, he received horrific burns which almost killed him.  And the ironic thing about it was that he and his family had implemented and practiced a fire evacuation plan for just such an emergency.  The terribly ironic thing was that his landlord had boarded up his 2nd floor fire escape which in essence trapped my client on the 2nd floor.  Luckily, a good samaritan was able to get a ladder and help rescue the two children, but my client couldn’t escape before the flames caught up to him.  I was thinking of that client recently and decided it would be good to blog about the importance of having an evacuation plan and other fire safety issues.

First, the reason you need a plan is because fire can spread quickly so every second of reaction time is precious.  Get your family together and map out your house.  Figure out how each person can escape safely, taking into account all the possible scenarios of where a fire may be located. It may be helpful to draw a map out of the house.  Mark every door and window exit available for escape.  Most importantly, practice with your children at least once a quarter so they don’t forget your evacuation plans.  Here are a few more safety tips:

• Ensure you have smoke detectors on every floor and outside every bedroom.  Check them monthly.
• Have plenty of fire extinguishers throughout your house.
• Have an emergency escape ladder in every upstairs room with a window exit.
• Arrange furniture under windows to aid in exit, but never block your ability to open a window and exit.
• Arrange a safe meeting place outside of your house for all family members to congregate after escape.
• When evacuating during a fire, stay low to the ground as smoke rises.
• Feel doors before opening.  If a door is hot, take a different route.
• Close doors behind you to prevent the spread of fire.

Hopefully you will never be caught in a house fire but by practicing these safety tips, you can help ensure that you and your family can get out safely.

It’s time for you to settle your auto accident case with the insurance company.  You have all your ducks in a row.  You’ve provided every bit of proof that they require (medical records, medical bills, lost wage documentation, receipts, witness statements, accident report, etc).  You are not looking to make a fortune.  You just want compensated for your injuries in a fair and just manner.  And then the insurance adjuster calls you and offers the whopping total of $500 for your claim.  WHAT?!?!

We hear these stories time and time again.  The insurance companies making ridiculously low offers.  Why is that?  Well, it’s because they can and they are going to bet that you will take their offer and not seek legal advice.  Many people call us and after tell us the facts of the case, want to know, “What is my case worth?”  The best answer we can give….your case is worth whatever a jury says it’s worth.  That’s because if you are not willing to accept what the insurance company is offering, your only choice is to file a lawsuit and take your case in front of a jury of 12 of your peers.  They will analyze all of the evidence and they will render a verdict as to what your case is worth.  Unfortunately, many counties in North Carolina have notoriously low jury verdicts due demographic factors which make up the jury pool.  Even in those counties where juries are liberal, insurance companies will often bet that you will not want to take the time, nor the effort, to pursue your case that far. They are playing a numbers game and every time an innocently hurt victim accepts a crappy offer from the insurance company, the insurance companies just got a little richer. and the victims get a little more abused.

So what is the solution?  How do you fight?  The best step you can take if you have been injured in a car accident is to hire an experienced and qualified attorney.  The law firm you hire should have a track record of willingness to file lawsuits over unfair offers.  We firmly believe that because we have a strong litigation practice and willingness to file suit, that insurance companies give our firm very serious consideration when making offers of settlement.

If you have been hurt in a car accident and would like a free consultation, contact us and we would be more than glad to help.  You can also read our Accident and Injury FAQ for additional information.

Have you ever walked down the street in Raleigh, North Carolina when you find you need to cross at one of those busy intersections?  Are you one of those people that think that all pedestrians have the right of way when they are crossing the street?  Or are you one of those people who will cross a busy street without paying attention because you believe it is the car driver’s duty to watch out for you?  If so, then this blog is for you.

Many people are surprised to learn that pedestrians do not have carte blanche when it comes to walking across a street.  So, what exactly are your rights as a pedestrian?  Basically, pedestrians have the right of way at all intersections regardless if there is a marked crosswalk.  However, if the intersection is regulated by lighted signals (WALK and DON’T WALK), you must obey the signals showing.  In any other circumstances, as a pedestrian, you must yield the right of way to vehicles.

As a safety reminder, if you are walking along a road or street, take the following safety measures:

• Always walk against oncoming traffic so you can see vehicles as they come towards you and perhaps have the ability to take evasive action.
• Always use a sidewalk if provided.  If there is no sidewalk, walk as far away from the roadway as possible.  Never walk on the asphalt of the road.
• If walking at night, wear light colored clothing or preferably a reflective vest.
• If walking with children, keep a firm hold of their hand so they do not dart out into the street.
• Always look both ways before crossing the street to ensure your move can be made safely.  Again, if you are near an intersection, cross in the designated crosswalk and use the lighted signals for direction.
• If you are a passenger in a car and exiting onto the road way, always get out on the curb side of the vehicle.

Safety should always be at the top of your mind if you are walking near a roadway or street.  If you are hit by a car, the chances of you escaping without serious injury or even death are low.  If you or someone you know has been injured as a pedestrian, then feel free to contact us to answer any of your questions.  Even if you do not have a claim, you may be entitled to medpay coverage and we can advise you on how to collect that as well.

If you have been in a car accident in North Carolina, chances are you will get a call from an insurance adjuster within a day or two asking you to give a “recorded” statement.  They will tell you that you need to give this statement before they can process your claim.  You may feel pressured to give the statement thinking that nothing will happen on your case until you do so.  We want you to know that this simply is not true.

Yes, the insurance adjuster has a duty to investigate the accident and cannot accept liability on your case until that is done.  But an investigation does not mean that they have to have a recorded statement from you.  In fact, an adjuster cannot deny your claim merely on the basis that you refuse to give a recorded statement.

We do not allow our clients to give recorded statements to insurance adjusters for the liability insurance company.  This can be for a variety of reasons but mainly we find that when our clients are hurt and in pain, they run the risk of saying something that can later be construed negatively against them.  The rules are a bit different for our client’s own insurance company as our clients do have a duty to submit to a statement to their own company.  However, we always make sure we are present with our client so that they can be protected at all times in case the insurance adjuster gets out of line with any questioning.

We have some great information on some circumstances when we will allow our client to talk to the liability insurance company which you can read.  If you are in doubt, always feel free to contact us for free advice regarding your car accident claim.

The short response to this question is no.  Workers’ compensation law does not allow for a recovery of pain and suffering for the injured worker.  So it should be fairly intuitive that workers’ compensation law does not allow for the pain and suffering of the injured worker’s spouse.   If it’s not that intuitive for you, I invite you to look back at the criteria for injuries to be covered under the Workers Comp Act.  One implied requirement is that an employment relationship exists between the claimant and the employer.  In most cases, the employment relationship would not exist between the injured worker’s spouse and the employer.  If by some chance the spouse and the injured worker are employed by the same employer, the spouse’s pain and suffering must arise out of and in the course of employment.  Although each situation would depend on the facts of each specific case, my inclination is that it would be difficult to meet that requirement for a spouse’s pain and suffering claim.

Because workers’ compensation law does not allow recovery for a spouse’s pain and suffering, that is not to say that a spouse cannot recover any benefits under workers’ compensation law.  A spouse may be able to recover death benefits if the injured workers’ death proximately results from a compensable injury or occupational disease.  The death must occur with six years of the compensable injury or occupational disease or within two years of  the final determination of disability, whichever is later.  The Act outlines the specifics of who is entitled to receive benefits as well as the amount of benefits they are entitled.

Can you stay safe from a drunk driver?  This question came to mind when I saw a news story that two young people who were riding a motorcycle in Harnett County on Sunday were killed when a drunk driver hit them.  Just driving to work the other morning I got behind someone driving erratically and thought to myself, “That person is drunk and is going to cause a car accident”, and I gave them a wide berth.  So I thought it would be a good blog post to write about any ways you can stay safe from drunk driver’s on the road.  I did some online research and came up with some ideas:

• First and foremost, never get in the car with someone who has been drinking any amount of alcohol.  In North Carolina, you are legally drunk if you blow more than a .08.  Here is a chart that gives you some estimations of what it takes to reach a .08.  But remember, one drink, even if it doesn’t cause the BAC to reach .08, is enough to cause impaired judgment and reasoning which can lead to serious consequences.
• If you see a driver on the road who looks like he or she may be driving drunk, call 911 immediately and report it.  You could just be saving someone’s life.
• Symptoms of drunk driving include rapid and erratic acceleration and deceleration, stopping suddenly and/or in an inappropriate place, driving in the center of two lanes, driving very slowly (i.e. under 10mph) and other similar odd behaviors. (Taken from The Defensive Driving Blog).
• If you see a suspected drunk driver, take great care to give them ample space.
• Always practice your best defensive driving skills and keep a sharp lookout all around you.
• Always wear your seatbelt!!!

We hope these tips will help keep you and your family safe.  If you or a loved one are injured by a drunk driver, call the experienced accident attorneys at Leone Noble & Seate for free advice.  1-877-847-4804.

It’s mid-June and we are already in those sweltering 90 degree days here in Raleigh, North Carolina.  If you can’t beat the heat by laying under an air conditioner, then follow these great tips from the Red Cross on how to stay safe while outdoors:

• Stay hydrated!  Drink plenty of fluids, even if you are not feeling thirsty.  Do not drink caffeine or alcohol.
• Wear loose fitting, light colored clothing.
• Wear a sunscreen with a high SPF factor and it wouldn’t hurt to put on a hat as well.
• Avoid strenuous activity while in the heat. Stay indoors during the hottest part of the day.
• Watch your pets. They get hot and dehydrated too.  Make sure they have shade and plenty of water to drink.
• Never, ever, ever leave children or pets inside of a vehicle.  Children can die inside of a closed vehicle when the temperatures are only in the 60′s. Here is some great safety information from KidsAndCars.Org about this safety issue.

You should learn to recognize signs of someone suffering from a heat related illness.  Heat cramps are muscular spasms in the legs or abdomen that are caused by high heat/humidity and loss of fluids.  Heat exhaustion occurs when you lose fluids through heavy sweating during strenuous activity in the heat.  In addition to sweating, look for headache, dizziness, nausea and weakness.   If someone is suffering from heat exhaustion, get them immediately to a cooler place and apply cool wet clothes to the skin.  Have them drink fluids slowly.  Heat stroke is very serious and can be life threatening.  This occurs when a person’s body temperature control system stops working and the body becomes unable to cool itself down.  Symptoms manifest by hot, red skin, changes in consciousness and vomiting.  This is very serious and you should call 911 immediately.  Give immediate care by moving the person to a cooler area and apply ice wrapped in cloth to the wrists, ankles, groin, neck and armpits while you wait for emergency help.

As always, stay safe and have a glorious summer!!!! Leone Noble & Seate is a personal injury law firm dedicated to defending peoples’ rights and keeping them safe!

After reading my catchy title, I’m sure you’ve got the tune to that Beastie Boys classic in your head.  Feel free to think of it as the soundtrack to this blog.  Although the song is an icon of 80s rebellion, the message (about fighting for your rights), still rings true, even in 2011.

We like to think that America is the land of the free and the home of the brave.  That statement is very true.  Many of our ancestors have fought long and hard to get us where we are today.  But the fight is not over.  It rages on.

Now, I would not consider myself a political person by any stretch of imagination.  But if you are a regular reader of my blog (Thanks Mom!), you know that I’ve written several pieces that were devoted to pending workers’ comp reform legislation.   You may have noted several comments that I have made regarding pending tort reform legislation.   I’m not not a political activist in the usual sense, I do try to educate or bring awareness to issues that affect the rights of the average person.  Today is not going to be any different.

As you know from my previous posts, our elected officials are hard at work.  Making, repealing, amending, and hopefully not breaking, the law.  They are also trying to create a budget for our state without based on the little money that the state receives from various source.  One of the issues that is currently being debated is the budget for IDS.  IDS stands for the Indigent Defense Services.  This agency basically provides court-appointed legal services for people who have been accused of crimes but that afford attorneys to represent them for those charges.

I know, I know.  There are those of you out there that believe that the state government should not be paying for criminals’ attorneys.  There may even be some of you out there who do not believe that criminals even deserve to have legal representation.  I mean, they may not have committed that crime, but they are surely guilty of something, right?  But would your views change if I told you that there are so many people out there who have been accused of crimes that the did not commit?  It reminds me of a story that I read in the News and Observer this past weekend.   The story was about a single mother who had been accused of killing her stepfather.  She spent 1 year in jail before the charges against her were dropped because there was not any evidence that she had committed the crime.  It reminded me of 17-year-old  James Johnson who spent 3 years in jail waiting for a trial on a case where the sole perpetrator of the crime admitted to committing the crime alone.  Who could forget Darryl Hunt or Alan Gell who each spent at least 10 years in prison, even death row, for crimes that they did not commit.  These people will never get their lives back.  Can you imagine what would be their outcomes if these people had not had attorneys diligently working to prove their innocence?  Alan Gell, for one, would have been dead.

A person is presumed innocent until proven guilty.  While IDS’s primary function is to provide legal services for those who cannot afford it, that goal is accomplished by protecting their rights to insure that they are receiving a fair trial, regardless of their guilt or innocence and despite their ability to pay.   Ironically, the state is pushing to cut IDS’s already meager budget which will effectively diminish IDS’s ability to further its goal.

The point of this an all other articles, blogs, etc that I’ve written is to show you that the fight still rages on.  You do not have to be a political activist to make a difference in politics.  The strongest political statement you can make is to vote.  And it’s not just about voting.  It’s about knowing where your candidates stand…on fiscal issues, social issues, and legal issues.  But the job doesn’t end after the circles have been drawn in and the ballot fed into the ballot machine.  You also have to hold those elected officials accountable and make sure that they are continuing to represent your interests and not just your own.

I know it’s not politics season and I’ve stood for far too long on my political soapbox.  But on the bright side,  it’s probably the last political article for a while…maybe.  Party on!

In five days, three of our attorneys will be flying out from Raleigh, North Carolina to Joplin, Missouri to help assist in the recovery of the city from the devastating tornado that ripped through on May 22, 2011.  The idea was born because I  had actually become quite moved by the story of a young Will Norton.  Will had just left his high school graduation when he was driving home with his father when the tornado struck.  While his father desperately tried to hold onto his son, the tornado snapped Will’s seatbelt and pulled him from the vehicle. This story haunted me for the longest time.  I followed a Facebook page that was set up about Will’s family and their search for their missing son.  Will’s body was found some days later in a nearby pond by rescue divers.  But despite the family’s heartbreak and sadness, they continued to post messages of inspiration and faith.  I found myself constantly obsessed with Will and his family, wondering how does one survive such a horrific tragedy.  I then started thinking, this is but one story of many.  Looking at the daily struggles of the people of Joplin, I decided that I needed to travel there and lend a hand in whatever way I could.  I was mentioning this to the attorneys here at the office and next thing I know, they all are wanting to come along to help.  And so it has begun… a journey we will be taking to Joplin, Missouri.  I will be traveling with Patrice Ray and Michael Rothrock.  Unfortunately, Jennifer Seate, who desperately wanted to come, was prevented by the fact her husband is out of town and she has to care for her children (and keep the firm running while we are away).

We will be flying out on Friday, June 10th and returning Monday, June 13th.  We have already signed up through the United Way who is coordinating massive volunteer efforts in Joplin.  Our trip has not been without some hurdles already.  We found first, that it was impossible to find a hotel in Joplin or anywhere close by.  The closest major airport is the one in Tulsa and that is still about 2 hours away from Joplin.  I will have to credit a wonderful rep at Hotels.Com who after explaining I needed to get as close to Joplin coming from Tulsa as possible, he easily was able to backtrack from Joplin and find us quarters about 50 miles away.  It’s not going to be a picnic.  We are prepared to work sun up to sun down clearing debris and we have to provide our own food and water because let’s face it, many of the food stores are gone too.  We will get it figured out but a few days of “roughing it” is nothing compared to what these folks have been going through.  We will continue to try to blog about our experiences once we get there.  Until then, asking everyone to keep the people of Joplin in your hearts and prayers.

The short answer…it depends.  It really doesn’t depend so much on whether you are still employed with the company.  While the goal of workers compensation is to get the injured worker back to work if at all possible, a claimant may still receive care if they are no longer employed with the company where they were injured.  It does, however, depend on is the status of your workers’ compensation claim as to whether you can return to your doctor for follow up care.  If your claim has been denied, then you can go back to your doctor for a follow up appointment, but your workers’ compensation carrier will not pay for this treatment because the claim has been denied.

Generally, you may be able to return to your doctor for a follow up even if you no longer work for the company unless (1) you have settled your claim and signed a compromise settlement agreement, or (2) more than 2 years have passed since the last furnishing of treatment.

Typically, if you settle your claim by signing a compromise settlement agreement or”clincher” then chances are you have waived your rights to further medical treatment.  In that case, you will not be able to obtain any additional medical treatment related to your workers’ comp claim.  If you have settled your claim on a  Form 21 or Form 26, you make still have left the medicals portion of your claim open so that you can obtain future medical treatment.  A word of caution regarding additional medical treatment following a settlement of your claim.  If you are in need of additional medical treatment then you should get it sooner rather than later as the limitations for review of award is 2 years from the last furnishing of treatment.  If you wait longer than that, you may not be entitled to additional treatment.

I was in Florida this past weekend celebrating my Aunt’s 60^th birthday with family.  It was hot, hot, hot and it made me glad for just the slightly cooler temperatures in North Carolina.  Everytime I got in the car to go somewhere, I was miserable from the heat that always seemed to be 1000 degrees hotter inside of the vehicle.  I posted on Twitter and Facebook over the last few weeks some information regarding the dangers of leaving children unattended in cars.  I came back to North Carolina to see that a Durham man was arrested this week and charged with misdemeanor child abuse for leaving a 4 year old child in a car for more than 30 minutes with the windows rolled up.  This occurred Friday when the temperature reached a high of 82 degrees.  Children can die with temperatures in just the 60′s.

I thought this would be a good opportunity to dig a little more into this issue.  My first thought when I saw the above story was, “How could anyone be that cruel?”  After doing a little research, I was shocked to see that 51% of all cases of children who died from heat stroke after being left in a car occurred because the “caregiver” forgot the child was in the vehicle.  Only 17% of deaths occurred because the caregiver intentionally left the child in the car.  So, that leads to the question… how in the world can you forget your child is in the car?  The best answer I got was not with tedious facts and charts, but with this 2010 Pulitzer Prize for Feature Writing article by Gene Weingarten of the Washington Post entitled “Fatal Distraction: Forgetting a Child in the Backseat of a Car Is a Horrifying Mistake.  Is It a Crime?”

While the Weingarten article discusses many of the “why’s” of this type of tragedy, I was interested to read that there is a rise in child deaths due to heat stroke from being left in a car simply because of the requirement of having the child safety seat moved from the front seat (where it is easily noticed) to the rear seat (to protect children from airbag injuries and where it is harder to see your child).

I don’t know what the answer is to this problem.  As you can see by the Weingarten article, there have been attempts to legislate required safety alarms but that has fallen through.  The best we can do, is merely do the best we can.  Always try to remain diligent in your concerns for your child’s welfare.  For more information, see KidsAndCars.Org.

The short answer to this question is yes.  But the truth is, anyone can hire a private investigator to investigate the private lives of any person about whom they would like to receive information.  Workers’ compensation carriers routinely employ private investigators to investigate claims particularly when they suspect fraud.  This frequently occurs with the injured workers is out of work and receiving temporary total disability payments.  Often the workers’ compensation carrier will use the reports of private investigators to prove that the injured worker is not really hurt and that he or she can return to work.

We all have seen at one time or another entertainment “news” reports that depict videos of a man claiming to be suffering from a severe workers’ compensation injury jollily dancing around outside and having lots of fun.  Media outlets latch on to these types of videos and suddenly there is a workers comp fraud epidemic.  Unfortunately, people start to believe this hype and as a result, legislators in many states, including ours, are on the bandwagon to workers’ comp reform.  The premise is that they will cut down costs to business to create jobs and cut down on fraud. Many of the proposed legislation to “reform” workers’ comp laws in effect takes away injure workers’ rights and the Industrial Commission’s oversight.

While these reports appear to imply that there is widespread workers’ comp fraud, the fact of the matter is that a very small percentage of workers’ compensation claims are fraudulent.  Most workers’ comp claimants are hard-working people who want to provide for their families.  They do not want to depend on a carrier to send them checks every month for 662/3 of the wages that they normally  make in a week’s time.  If asked, many of these people would much rather be healthy so that they can go about their daily lives rather than dealing with constant pain and going back and forth to doctor appointments.

Another point to make about the reports and video of the private investigators is that many times, these videos are taken out of context.  Take for instance, the video of the injured man, jollily dancing around outside and having lots of fun.  Suppose I told you that this man was a very intelligent college graduate prior to his injury, but now, due to his spinal injury, he has the mental capacity of a 5-year-old.  While the video clearly shows that the man seemingly has no physical injury, the man can not comprehend anything beyond a 5-year-old’s understanding.

The point of the matter is this:  First, if you are an injured worker, you should be aware that you may be subjected to an investigation by a private investigator.  While you do not need to be paranoid to the extent that you are afraid to leave your house, you should be aware that there’s a chance that some may be watching you and to handle yourself accordingly.  Secondly, do not believe everything that you hear in regards to worker’ compensation “fraud”.   This is just another way that the workers’ comp carrier tries to get out of paying for workers’ comp claims.  While there are some fraudulent claims, as with anything, these claims are few and far between.

Even though it is technically still Spring, you can tell Summer has sprung by the 90+ degree temperatures we have been having in North Carolina.  Hotter weather means those pools are going to be filled to capacity and thus it’s a good time to remind everyone about safety tips regarding children around pools.  But to make sure you understand the importance of these tips, let’s lay out some frightening facts from the U.S. Consumer Product Safety Commission:

• 75% of drowning victims are between the ages of 1-3
• 40% of victims were last seen inside the house
• A drowning can take place in the time it takes to answer the phone
• 2/3 of drowning deaths in the home occur in bathtubs

Okay, you should be convinced to now keep reading this article.  Here are important tips to always keep in the front of your mind regarding the safety of children around water:

• Always have a proper fence surrounding the pool.  But don’t assume just because there is a fence that a toddler cannot figure out how to open a gate. Always be mindful of where your children are.
• Don’t assume children who can swim cannot drown.  Children that can swim and wearing life jackets have been known to drown.  Never trust a flotation device to act as your supervision.
• Never, ever, ever leave a child unsupervised in a pool.  Remember the fact above that a child can drown in the time it takes you to answer a phone call.
• If you are at a pool with a lot of people, designate one adult person as the pool watcher so no one is assuming that someone else is keeping watch.
• When the pool is not in use, remove toys and other floating objects so as not to attract young children to the water.
• Learn CPR; it can save a life.  Make sure any babysitter you use knows CPR and is aware of your pool safety tips.

Most of all, have fun this summer.  By following these tips, you and your children should have a worry free and pool-fun filled time together.  These safety tips are brought to you by Leone Noble & Seate attorneys as part of our quest to help impart important safety information to the public.

Did you know that May is National Electrical Safety Month?  I didn’t but it recalled to mind a case I worked on years ago when a young girl was climbing a tree and grabbed a hold of a power line that was running through the branches.  The electrical shock traveled through her body and exploded out of her foot.  Luckily, she was not killed but the pain and misery such an accident caused that little girl spurred me to do some additional research on electrical safety tips.

Each year, electrical related incidents take about 500 lives and cause more than 1,400 injuries.  Progress Energy offers a ton of safety information on their website but here are some of the tips boiled down for easy reading:

• When outside, be aware of power lines.  Never fly kites or model planes around them.  Never approach a downed power line which can happen from the many hurricanes and severe weather we experience here in North Carolina.
• If you need to trim your trees around power lines, hire a professional.
• Never use electrical appliances with wet hands or while standing in water.  Ensure any outlets near a water source have a ground-fault circuit interrupter.
• If you have young children in the house, cover all plugs.
• When plugging in something, do not touch the metal prongs.  When unplugging, pull by the plug and not the cord.
• Check all of your cords to ensure there is no damage, fraying or exposed wires.

For more safety information, visit Progress Energy‘s website.  If you or a loved one has been injured by an electrical source that could be as a result of negligence, call our office and speak to an experienced attorney to learn more about your rights.

Just got back from a conference in Florida where I had the great pleasure to hear a talk by Janette Fennell, the founder and president of KidsAndCars.Org.  She is truly an inspiration.  In 1995, Janette and her husband were kidnapped at gunpoint and forced into the trunk of their own car.  They were then driven to another location where they were assaulted, robbed and left for dead in the trunk.  While all of this was occurring, Janette and her husband had no clue what had happened to their 9 month old baby boy who was in the car when they were kidnapped.  Miraculously, the Fennell’s were able to free themselves from the trunk and after calling the police, were overjoyed to find their son had been left at their house.

From this experience, Janette crusaded to convince the auto industry and the government to pass federal law requiring internal trunk release mechanisms in all vehicles.  But she didn’t stop there.  Using her passion for children’s safety, Janette founded KidsAndCars.Org to protect children in and around motor vehicles while on private property (non traffic accidents).  Janette works on issues such as power window strangulations, vehicles set into motion while children are inside and back overs to name a few.  To read more about this great organization, click here to visit the KidsAndCars.Org website.

Our firm, in partnership with James Crouse of Crouse Law Offices here in Raleigh look forward to working with KidsAndCars.Org in helping to spread awareness of these important safety issues.

Spring has sprung and more people than ever are out on the roads riding their bicycles.  Here is a summary of some safety tips from the National Highway Traffic Safety Administration:

• Avoid a possible brain injury by wearing a properly fitted bicycle helmet.  Here are some easy tips to properly fit a bicycle helmet.
• Ensure your equipment is in good working order.  Properly inflate your tires and ensure your brakes work.  Make sure your bicycle is properly adjusted to a good seat and handlebar height.
• Where neon or fluorescent reflective gear.  White clothing has not been shown to be more easily seen.  Avoid riding at night if possible.
• Control your bicycle at all times by keeping at least one hand on the handlebars.
• Ride with the flow of traffic and obey all of the traffic laws.  Your bicycle is considered a vehicle under the law.
• Always stay alert.  Do not assume that you can be seen.

For additional safety tips, visit the NHTSA’s website on bicycle safety.  Remember that if you are hit by a car, the lack of structure and protection will most likely result in serious injuries to you.  Most bicycle versus automobile accidents we see involve serious injuries such as broken bones or brain injury, sometimes even death.  If you or a loved one has been injured or killed while riding a bicycle, call us for free advice on what to do.  You can reach us at 1-877-847-4804 or by visiting our website at www.defendmyrightsnow.com.

Previously, I wrote an article addressing what happens when a workers’ compensation claim is denied.  Often I am asked why an individual’s workers’ comp claim has been denied.  In workers’ comp legal land, the reasons for workers’ compensation denials are generally called “defenses”.  The most common workers’ comp defenses are:

• Intoxication
• Willful acts
• Willful disobedience of statutory duty or safety violations
• Failure to file the claim within two (2) years
• Intervening event

Intoxication:  Basically, if you are drunk or on drugs at the time of the injury or death, then you are not entitled to benefits.  This is why often following a work-related injury, the employer requires the injured worker to take a drug test.  Although drinking and drugs may mean that you are not entitled to workers’ compensation benefits, under certain circumstances, this defense may not be allowed by the Industrial Commission, so it is best that you contact a workers’ compensation attorney for a consultation even if you think that your case may be denied because you had drugs or alcohol in your system at the time of your injury.

Willful Acts:  If the employee’s intention was to die or injure him- or herself, that employee is not entitled to workers’ compensation benefits.  It does not matter whether the employee’s intent was to inflict serious injury.  However, it should be noted, that if the suicide is a natural  consequence  of a compensable injury or disease, then the suicide will not be considered “willful” under the statute and will be held to be compensable under workers’ compensation benefits.

Willful disobedience of a statutory obligation or safety regulation:  These rules are NOT made to be broken.  Technically, this is a not a basis for a denial.  However, if a worker fails to adhere to safety rules or statutory obligations, it may cause an injured workers’ benefits to be reduced by as much as 10%.  It must be shown that the employee was told of the statutory obligation or regulation prior to the injury.

Failure to file the claim within 2 years:  See my recent post regarding the reporting requirements and the statutes of limitation for workers’ compensation claims.  If your claim is not filed within those applicable time frames, your claim may be denied.

Intervening Event:  Typically intervening events really falls into the vein of pre-existing conditions.  This usually means that there is a question of causation with these cases and often the employer/insurance company is arguing that the injury was pre-existing and thus not caused by the workers perceived injury.

While there may be a number of reasons that a workers’ compensation claim has been denied, most reasons tend to fall into one of the above categories.   Although the workers’ compensation adjuster may tell you your claim has been denied based on one of the reasons above, I would recommend that you consult with a workers’ compensation attorney to discuss the facts of your case to determine whether you may have any further recourse regarding your denied claim.

Plenty of people call our law firm with the intent to hire us.  Some of those folks need our help but there are quite a few that do not.  We do not believe in taking every case that seeks our help because frankly, in some instances, you can handle your personal injury claim on your own and save yourself the attorney fee.

We generally tell people that if you were not significantly injured, you can probably handle the claim on your own.  But what do we mean by “significantly injured”?  If you have pain following an automobile accident and seek evaluation at an emergency room, but then later recover pretty quickly, your claim can probably be handled on your own.  However, if you are going to get additional medical treatment, you are probably better served by having legal counsel for your claim.  Here is some more helpful information on when you should consider hiring an attorney and when you can handle your claim on your own.

The best thing you can do though is to call us to get free advice on your claim.  There is no obligation to hire us and we will give you all the information you need to make an informed choice.

You’ve seen the ads… FREE CONSULTATION!  It’s that one word… FREE…that catches your eye, right?  But you don’t take the opportunity to get that free advice.  Why is that?

I think many people don’t truly believe that something is given away for free.  They think there will be strings attached, or a heavy pressure sales pitch.  And they could be right, so maybe it’s not really free after all.  If there are strings attached or a sales pitch to go along with it, I suppose that is a price you would pay.  However, you have the ability to control those things to meet your needs.  (Keep reading)

While I can’t speak for every law firm out there that offers a free consultation, I can tell you what it means in our office.  First, there are absolutely no strings attached when you call us for a free consultation.  In fact, you don’t even have to give us your name if you don’t want to or you can make up a fake name like all the stars do when they check into hotels.  “Ms. Leone, I have Bambi Rockerfeller on line 3″.

Second, there is no sales pitch.  When you call us for a free consultation, you get to talk to an attorney same day, and you get to talk about what you want.  We will evaluate your issue and give you all the legal advice you will need to make a well informed decision on what you need to do.  We even encourage you to call other attorneys if you want.  What you will get is honest advice with well wishes from us to do what you believe is in your best interest.

Why give that away for free?  Why not, I would ask.  I am helping someone out which gives me warm and fuzzies, and if they truly feel they need my further help, they will ask for it.  Maybe they will appreciate the time we took with them and refer other folks to our firm.  So don’t pass up that free consultation if you see it.  You might be missing out on something really good.  Oh, and if you are getting that pressured sales pitch or strings attached… hang up the phone!