Category: Law

Tort – What Is It?

The law of tort governs the actions of the citizen towards his fellow citizen, or the actions of a company to a person or fellow business, in the absence of illegal conduct or contractual remedies. Present in most legal systems in some form, the law of tort covers civil “wrongs”, where one party has suffered damages as a consequence of another’s actions. Let us preface that there are allowed damages that one is actually allowed. An example of this:  One company undercutting a competitor to his hinderance. Tort is concerned largely with prohibited or negligent behavior that can be connected towards one specific party.  This will open the path for a judgement of compensation or damages. One major point of criticism and debate in the area of tort is that of indeterminate or indiscriminate liability, which is designed to minimize the potential for floodgate liability.

Tort lawTort establishes a sum of criteria, which must be satisfied before a party could be accountable for his negligent actions. These are naturally strict to avoid the potential financial crisis arising from a “sue happy society”. Additionally, there is a pressure to encourage risk to a certain extent in order to promote business growth, and to avoid easily conceding liability.  This will stimulate “normal” daily activities. In a weak tort system, paranoia hinders economic growth and creates a multitude of socio-economic problems. From this, the conditions of indeterminate liability have arisen, as well as numerous other high standards that must be fulfilled before a court will impose liability and the corresponding financial repercussions.

Imagine if you will, where a protruding paving stone causes an actual risk of injury to the public at large. Because there is a potential for such a widespread liability, courts around the world impose various mechanisms to rule out claims of any sort to avoid the potential for ruining local authorities and in the interests of “common sense”. In this case, the liability for the victim’s injury would be too “remote.” Because of this, no liability will be admitted. In other words, there is a requirement that the potentially liable party should have had a direct impact on the specific victims injury.

Another argument against the principle of precluding liability on this basis is that it encourages “bigger” tort. In this sense, it ensures more vigilance towards situations where a specific person may be injured, but also encourages a lack of consideration for safety in situations where hundreds or potentially thousands may be subject to injury, given the unlikely chance of successful legal challenge. This produces an obvious social problem, which must be weighed by legislatures and courts in order to solve the problem. As this area of the law continues to develop, the importance of finding a workable solution to this situation will become more apparent.

Ultimately, in the above scenario, an injury from the paving stone could happen to anyone who is using the walkway.  This would not be a good candidate for a case, because the courts have to look at cases where individuals are legitimately injured.  Not just anyone who feels that they could be injured. This would help curb the apparent inequity in tort claims where liability is ruled out by virtue of its wide-ranging effects.


Injuries sustained in car accidents

Motor vehicles are the most visible signs that we have progressed as a society. No urban environment would be complete without this invention. Most people see them as a convenience, enabling them to get from one place to another, without having to endure all of the hassles that public transportation usually offers.  Don’t get me wrong, public transportation is necessary, but it is not for everyone.  This way of traveling requires more time, so that may offset the convenience of saving money.

As motor vehicles become more and more available, roads become more and much more congested. With more people driving on the roads, it is inevitable that car wrecks occur and people get hurt. Statistically speaking, car wrecks have been happening more and more over the last decade. The statistics also show that there are certain types of injuries that have become common to most car collisions during that time period.

What are the most common injuries?

Injuries sustained in car accidentsHead and neck injuries are listed as being the most common when people are involved a car accident. The face, as an example, can suffer cuts from shattered glass or shrapnel from that impact. Dental injuries are also possible.  This is especially true for people in the driver’s seat or who were close to some of the equipment in the car. Mental health and wellness problems and head trauma are also possibilities. Concussions are not uncommon among car accident-related injuries. You have to remember that when a collision occurs, your body jerks and comes to an immediate stop.  This is where the concussions and other internal injuries occur.

Some people also are inclined to experience anxiety for some time after the accident, though this is much rarer than physical injuries. The very most common mental health concerns associated to a car accident would be helping the victims overcome the stress of being involved in the accident, as well as the chance of post-traumatic anxiety disorder.

The body, however, is much more likely to absorb most of the damage created by a car wreck. Abdominal injuries and legs issues can lead in chronic pain for prolonged periods after an accident. In some cases, accident survivors have had to endure lower back soreness for many years since their bodies never fully recovered from the damage. Joint pain and damage to leg muscles can also occur for those who are involved in relatively minor accidents or were not at the point of impact. Parts of the body that have been cut or injured during the accident might also develop an infection, depending on how quickly the cut was addressed by first responders.

Conclusion

Broken bones and torn muscles are most common among car accident victims.  The likely areas to be affected vary depending on the specifics of the accident. Simple and compound fractures of the bones happen frequently.  This will typically require extensive time to repair and recover. This can take four weeks or more.  Quite often, surgery may be needed to repair some of the damage that was done. As stated earlier, the most frequent injuries that occur are trauma and damage to the legs and possibly the torso. Some injuries may not be obvious at first and can only be treated after the victim has been given a full examination. Always get the exam, even if you you feel ok.  Pain can arise at any time after the incident.  Removal of some of the shrapnel from the impact may also require surgery if it enters too deeply into the body.

If you have been in an accident, it is important that you speak with a lawyer.  Attorneys are equipped to deal with the Insurance companies and help you get the compensation that you need.  Let us know if you want to set up a free consultation.


What Is a Legal Nurse Consultant?

 

A legal nurse expert is a registered nurse who uses existing knowledge as a healthcare professional plus specialized training to speak on medical-related cases.  Their fees run about $100-$150/hour. Few attorneys understand the optimal ways to read medical records or comprehend the terms and subtleties of health care concerns to achieve the very best outcomes for their clients. A legal nurse expert bridges that space in the attorney’s understanding. While the attorney is the specialist on legal issues, the legal nurse consultant is the specialist on nursing, the health care system and its inner functions.

Inning accordance with the Houston Chronicle, “Of the approximately 900,000 * lawyers in practice today, 25 percent work with medical malpractice and injury cases.” These attorneys rely on specifically trained legal nurse consultants to help them win their cases.

Who are Legal Nurse Consultants?

Legal nurse specialists live all over the U.S., rural or city. Legal nurse experts have sought assistance from on cases as easy as a neck injury triggered by an auto accident, as high-profile as the Rodney King case and as groundbreaking as Fen-Phen, Vioxx, breast implant and harmful mold litigation.

Additionally, legal nurse consultants offer healthcare know-how for insurance provider, utilization review firms, government companies, personal corporations and healthcare facilities both as team member and experts. The legal nurse consulting profession permits nurses lots of alternatives for establishing a profitable and gratifying part-time or full-time consulting career.

What services do Legal Nurse Consultants Provide?

Legal nurse consultant services comprise of assisting with discovery; carrying out research study; reviewing medical records; recognizing standards of care; preparing reports and summaries on the level of injury or disease; and finding skilled witnesses. The larger part of legal nurse experts work behind the scenes, they may likewise serve as professional witnesses. The legal nurse consultant functions as a specialized member of the lawsuits team whose expert contributions are frequently critical to achieving a fair and just outcome for all parties.

Legal Nurse ConsultantTypes of Clients Who Need Legal Nurse Consultants

1. Attorneys (complainant and defense).
2. Insurance companies.
3. Health care centers.
4. Other legal nurse consultants and medical-legal specialists (complainant and defense).
5. Government companies.
6. Private corporations (e.g., for developing corporate strategies for quality assurance, risk recognition and management, evaluation and control of loss exposure).

* According to the American Bar Association Market Research Department, in 2005 there are 1,104,766 lawyers in the U.S.A

A legal nurse specialist is a specialty nurse who utilizes existing knowledge as a health care expert plus customized training to consult on medical-related cases at costs of $100-$150/hour. A legal nurse expert bridges that gap in the attorney’s understanding. While the lawyer is the specialist on legal issues, the legal nurse consultant is the expert on nursing, the health care system and its inner functions.

Legal nurse specialist services consist of assisting with discovery; conducting research; reviewing clinical records; recognizing requirements of care; preparing reports and summaries on the degree of injury or disease; and locating expert witnesses. The legal nurse expert operates as a specialized member of the litigation group whose professional contributions are often crucial to accomplishing a fair and just result for all parties.


Speeding in Raleigh

Drivers these days are happy about today’s lower gas prices. What I am saying is that these prices may rise, depending on certain situations.  There is really nothing that any of us can do to help control the price of gas itself. However, we can control, to a certain extent, how much gas we consume. Think about it: the less gas we use, the less we have to buy! If your idea of conserving fuel is simply to make less trips in your car to different places, remember that there are other ways to control how much gas you use, as well. For instance, if you prefer to travel at high speeds, you are saving yourself a little time (and maybe having some fun), but you’re costing yourself a good deal of money on gas!

Speeding in RaleighLife moves very fast nowadays. Many people have a lot of responsibilities to attend to, including work, family activities, or any number of things. These kinds of things lead to people having to rush to get around, which in turn leads to a feeling that “faster is better” when it comes to driving. While it is obviously true that you will get where you are going faster if you drive at a higher speed, you will also spend more money on gas if you drive that way!

It is a basic fact that any vehicle, be it a smaller car, or a large van, truck or SUV, consumes more fuel when driven at faster speeds. Chances are that your vehicle gets its best gas mileage at 55 to 60 miles per hour. Therefore, driving faster than those speeds is going to increase your fuel consumption, which means you are going to buy more gas. Buying more gas? Well, we all know what that means, and we would all like to avoid having to do so. If you are feeling the pressure of high gas prices, maybe you should consider reducing your speed a bit, so that you can buy less fuel.

Issues when speeding in Raleigh

There are a whole lot of speed demons out there who routinely go 75 miles per hour, or maybe even faster! For these folks, it is important to note that not only are you greatly increasing your chances of a traffic ticket for speeding (and increasing your chances of death or serious injury in an accident), but you are also greatly increasing your fuel consumption, by as much as 20% or more! That’s right; someone travelling at about 55 miles per hour will only consume about four gallons for every five that the speed demon uses. At upwards of four dollars per gallon of gas, no one can afford to use more gas than they need to!

It can be a big change to have to control your speed on a busy highway or a high-speed freeway. After all, you will see impatient drivers passing you constantly, all while you feel like you are practically standing still. However, if you can successfully make the change to driving a vehicle at slower speeds, you will definitely appreciate the cash you are conserving on gas expenses! It’s also worth noting that you do not necessarily have to slow all the way down to 55 miles per hour to experience the benefits of increased fuel efficiency. Any reduction in speed will net you some sort of decreased fuel consumption, though obviously you will save more gas the more you slow down.

You may want to pick and choose the opportunities when you put the proverbial pedal to the metal. After all, if you are running late to an important meeting, you may be able to justify driving a bit faster. If you are simply on your way to a weekend cookout at Uncle Jimmy’s, it is not quite so important to drive 80 miles per hour to get there. However, if your trip is relatively short, you will only cost yourself a few extra minutes of driving time, anyway.

If you have been ticketed for speeding in Raleigh, contact us or call at (919) 336-0077.  We offer a free consultation to formulate your next move.


Accidents Between Motorcycles And Cars

Motorcycle riders often get an unjustified reputation as being reckless, risk takers.  These are riders that generally disobey traffic laws. Or so they say.  This understanding is unfounded and there are lots of statistics that support that most motorcycle mishaps are not the fault of the bike rider.  They are the fault of the auto driver.

Even more the research study by USC found that the failure of drivers to spot and acknowledge bikes in traffic is the predominating cause of motorcycle accidents. The motorist of the other automobile included in accident with the motorbike did not see the bike before the crash.  Even worse, they did not see the motorbike till too late to avoid the collision.

These findings go to reveal that the motorcycle rider has actually unjustly gotten a bad rap from the basic public as well as from insurance companies that cover motorcycle riders. Motorcycles are naturally vulnerable to mishaps triggered by other drivers because of their smaller size.

When accidents such as these take place, the insurance provider of the auto driver who is at fault will go to terrific lengths to not pay the bike rider the cash he or she should have. A lot of people generally do not understand if they are getting a bad offer from the insurance provider or not.

Usually they get a low ball offer.

Taking the insurer’s first offer is typically an error. Other times the insurance company of the other driver will attempt to not pay at all for the mishap and resulting injuries. They often attempt to make it appear that the bike rider was at fault in the mishap. It is not very tough to encourage a jury of this because motorcycle riders have this unfair reputation of being less than cautious.

Just look at the varying options on a lane splitting law in California.

Accidents Between Motorcycles And CarsThis is why it is critically crucial to have an experienced and qualified attorney in your corner if you discover yourself the victim of a bike accident. A certified legal representative will assist make certain that you get the settlement that you are worthy of.  A settlement that will cover your medical expenses as well as taking care of the damage to your motorbike. Not having a legal representative to defend you will cost you a lot more than just cash.  It will also cause you a great deal of headaches and distress. Aiming to battle an insurance provider on your own, while at the same time dealing with physical injuries can be an overwhelming job.

What can you do?

A qualified legal representative is the only one who will be on your side in case of a mishap. A lawyer works for you and just you. The insurer works for their investors and will attempt really hard to keep from getting you the cash that you deserve.

It was likewise found that in the numerous car mishaps, the driver of the other vehicle breached the bike right of way and caused the accident in two-thirds of those mishaps. Further the study by USC found that the failure of motorists to spot and recognize bikes in traffic is the predominating source of motorcycle mishaps. The driver of the other vehicle included in accident with the bike did not see the bike prior to the crash, or did not see the motorbike up until too late to avoid the accident.

With all of the distractions, such as talking and texting on the cell phone, drivers are more inattentive than ever.  Checking their blind spots do not seem to be a priority.

These findings go to reveal that the motorcycle rider has actually unjustly received a bad reputation from the public at large as well as from insurance coverage companies that cover motorcycle riders. When accidents such as these take place, the insurance company of the motorist who is at fault will go to terrific lengths to keep from offering the motorbike rider the loan he or she is worthy of.

You want to get the money you deserve?  Contact us today.


Raleigh automobile accident checklist

Here is a Raleigh automobile accident checklist in case you are in an automobile accident.

I’ve got a confession to make. I’ve have been in a car accident before. Granted, it wasn’t my mistake at all (both my viewpoint and the insurance company’s opinion).  Nevertheless, once it happened, I understood that I should have been better prepared.  There are things that I could have done better.  Since I recognized this, I decided to create a list for traits and items to have in case of a vehicle wreck.

Here is what I came up with.

Insurance Papers

Raleigh Automobile Accident ChecklistMake certain you have your current insurance papers.  I say this because I have seen many people just throw the insurance card in the glove compartment.  They also leave the old ones in there.  If and when you need the current one, it may take a while to find it.  You need to be prepared to give it to the other party involved in the accident in case they have to see them. If the Police show up on the scene, you know they will want to see proof of insurance. In most states, having vehicle insurance is mandatory for the operation of a motor vehicle and you can be fined if you do not have any insurance. Ensure that you insurance documents remain in order before finding out that it is required to have.

Pen and paper

Guess what? The majority of people (myself included up until just recently) do not carry about the needed equipment (such as pen and paper) in order to jot down the other party’s info for insurance claim functions. Ensure you purchase some pens that in fact have ink in them and some decent paper in order to write the motorist’s info.  Stow these convenient products in your glove box and you’ll be prepared.

Digital cam or cell phone electronic camera

This can be available in quite useful in the case of a disagreement of facts over exactly what occurred at a mishap. After the mishap happens, taking a few snap shots of both your car and the other person’s car may be great evidence if there is a trial or if either insurance company attempts to deny obligation. Be sure your phone is charged.  There is nothing worse than needing your mobile device for an emergency, and the battery is at 5%.  Use your mobile phone camera to take some on the scene snap shots.

There are an entire lot of other important suggestions to always remember. Just try to be prepared for the unexpected.  Remember, being organized and paying attention to detail is key.

Luckily, I have only been in one automobile accident. Once it took place, I understood that I need to have been much better prepared for the vehicle mishap the day it occurred. Since I understood this, I decided to create a list for traits to have in case of a car mishap. After the mishap takes place, taking a few snap shots of both your automobile and the other person’s automobile is important.  Insurance companies do not want to pay out ANY money, so the more proof you have, the better.


Reasons For Driving Slow

Take if from one of the traffic attorney in Raleigh NC.  Driving slow has benefits other than getting a speeding ticket.

Reasons For Driving Slow

You are not alone in your frustration over gas prices these days. Everyone who has to pull up to the gas station and fuel up their vehicle shakes their head when they see the price, after all. In addition to with the frustration over gas prices, many individuals feel helpless. What can you do to lower gas prices? It is not as if you can simply stop driving altogether to send a message about your feelings on gas prices! That may be true, but there are things you can do to reduce your spending on fuel.

While the price that you pay for gas per gallon may be well beyond your control, the amount of gas that you use is one particular thing that you can change. You can do this in a few ways, such as buying a more fuel efficient automobile, or remaining home as an alternative of driving around so much. However, for those who do not want to buy a new vehicle or who can not just stay at home indefinitely, what options are there? One of the simplest options, actually, is something that can be done quite easily. Simply put, you can slow down!

When many people think about slowing down their driving, they are primarily thinking about either avoiding speeding tickets or becoming safer drivers. While it is true that slowing down provides these two important benefits, you can also save quite a bit of gas by slowing down your speed, both in the town and on the highway.

Too many people ride the accelerator as they drive in city situations. They speed up, even though a red light is ahead, or someone ahead of them is slowing down. If you can take your foot off the gas and coast a bit, you can save some gas and avoid having to quickly brake when you get to where you have to stop. This means you can conserve gas as well as your brakes! Who knows, you might be coasting when the light turns green, which means that instead of starting from a dead stop, you will start to accelerate with some momentum already built up. This also saves you gas.

Even more gas can be saved on the highway. While your driving style in city situations can raise or lower your gas mileage, it does not affect your fuel consumption as dramatically as does your traffic attorney in Raleigh NCspeed on the highway. You can save a lot of gas by operating at 55 miles per hour instead of 75 miles per hour, for instance. How much? Estimates vary from as little as 20% to all the way up to 30%, but either way, that is a substantial amount of gas! When you figure in the cost of gas right now, it really does pay to slow down a bit on the freeway, interstate, or highway. Again, not only will you save on gas expenses, but you will also avoid traffic tickets when you drive at lower speeds.

Do you need a traffic attorney in Raleigh NC?

It can be very difficult to slow down your speed when driving, especially if you are used to driving quite fast, or if you are impatient. Remember, if you are not running late for something important, you do not need to race to your destination! Doing so will only cost you gas, which costs you money.

The traffic attorney in Raleigh NC are here to give you information on how to decrease your chances of getting a speeding ticket.

Contact us if you have any questions.


Stretching Workouts For Neck and Back

Benefits Of Stretching Workouts For Lower Neck and back pain

Extending exercises for lower back discomfort is one thing that everybody should inform themselves on at some point in their life because odds are, everyone will experience lower back discomfort at some point in their life. While it’s infinitely better to attempt to attempt to avoid injuring your back instead of treating an injury later, it’s not always possible to avoid a back injury. Vehicle accidents and the like are typically out of our control.  Stretching Workouts for lower neck and back pain should be the first remedy you should try.  You can perform the exercises anywhere, and it does not cost you any money to try the exercises.

One of the primary methods people prefer to treat back injuries is through medication. If you’re having muscle attacks in your back that is causing the discomfort, muscle relaxers can be helpful. Undoubtedly, without fixing the issue itself, an individual will continue to have to live with lower back soreness.

There are other techniques of dealing with lower back pain. Stretching workouts for lower back soreness.

Stretching Workouts For Lower Neck and back painThere are lots of benefits to extending exercises for lower back pain. It’s just you and your body performing together to treat your lower back pain.

Another clear advantage of extending workouts for lower back discomfort is it can assist avoid future injuries. How lots of medications can boast that claim?

Stretching exercises for lower back soreness not only assists your lower back however the rest of your body, too. By being active and working out, you assist your entire cardiovascular system.

It is in everybody’s best interest to stay active and stay healthy through stretching workouts. Not just can stretching exercises for lower back pain assist your back, they can assist keep you and your whole body healthy.

Pull-ups are a great way to strengthen your back.  This will also relieve lower back pain if you perform the exercise on a regular basis.  You can buy a pull-up bar at any fitness store.  They can easily hang in any doorway.

Extending workouts for lower back pain is something that everyone must inform themselves on at some point in their life since odds are, everyone will experience lower back pain at some point in their life. While it’s considerably a lot better to attempt to try to prevent injuring your back rather than coping with an injury later on, it’s not always possible to prevent a back injury. There are lots of advantages to stretching exercises for lower back pain. Another clear benefit of extending exercises for lower back pain is it can help avoid future injuries. Extending Stretching Workouts workouts for lower back pain not just helps your lower back but the rest of your body, too.

We like to offer tips and tricks to help with your pain and personal injuries.  If your injuries come from an accident of some sort, you may have a personal injury case.  We can help you with this.  Contact us today, and we will set up a free consultation.


Staying Healthy On The Job

Electricians Guide For Staying Healthy On The Job

Workplace injuries happen somewhere in the United States every day.  Some of the most common injuries for electrical contractors are to the back, fingers, hands and knees. There are things that an electrical expert can do on the task that can result in discomfort and discomfort in these locations of their body. A few of these things that can cause pain are working in very hot or cold temperatures, remaining in the exact same position for long durations of time, holding vibrating tools, consistent pressure from a tough exterior area on the body, consistent moving of the body from twisting, reaching and stooping and using force on your body to perform any job.

An electrical specialist ought to perform stretching exercises before to going to work to ease tension on their body and muscles. If you have pain or pain while working on the task. You need to stop and change the method youworkplace injury work or alter the way tools that you utilize.

On the job injury scenarios

On the job injury Electricians contort their bodies in many different positions. This may be problematic because they may be subject to pain on different parts of their bodies.   Pain in the knees.  Muscle issues in the legs and arms.  Lower back pain.

If you must get any of these symptoms let your manager know right away. Follow the companies injury program that they have. Try and identify exactly what is triggering the problem and ways to minimize the risk of it from happening. Try to locate better and various methods of doing your job. Your symptoms might get much worse over time making you lose work if you do not do anything to help yourself. And often keeping you from getting the job done at all.

An electrical contractor ought to attempt and use safe work practices while working on the job. When ever possible it is best to utilize hand tools and power tools to do the job. Hold your tools close to your body to avoid fatigue and to make the job much easier.

An electrical contractor has to flex over all the time when doing their job. To make the job easier on yourself use a tool belt and just bring the tools that you will need to do for each task. Wear gloves, knee pads and the correct eyewear on the task.

If you have discomfort or pain while doing work on the job. An electrical contractor should attempt and use safe work practices while working on the job. When ever possible it is best to use hand tools and power tools to do the task. Hold your tools close to your body to avoid fatigue and to make the job simpler. To make the task easier on yourself wear a tool belt and only carry the tools that you will require to do for each task.

If the source of your injury comes from negligence, contact us.  We can help determine if this would be a workplace injury claim.

We are available at (919) 336-0077.  Call us today for a free consultation.


Steps To Take After Car Accident

car accident lawyer in Raleigh NC

You never expect to be in an auto accident.  If you are ever in an accident, you will need to know what to do immediately after the accident occurs.

These are the Steps To Take After Car Accident

The first thing you should do is make sure that everyone is safe.  If you can move your car from the middle of the street, you should do that.  It is not 100% necessary to leave your car in the middle of traffic.  This will make the situation more dangerous that it already is.

You also will want to seek medical attention.  Call 911 and have the police and medical responders come to the scene.  If you are not very seriously injured and can speak to the officer, you will want to do that.  This is important so you can get the other driver’s information and also to give your statement while it is still fresh on your mind.

You might want to start a folder that has all of your paperwork.  An exchange sheet, and the police report will be the first documents that you will get.  Sometimes the police report is not available immediately, so at the very least, you should get the report number.  Medical provider paperwork should also go into the folder.  Keep all paperwork that you receive in the folder so you can find the information rather quickly if you need it.

car accident lawyer in Raleigh NCIf the injuries are not serious and you think you can deal with the insurance company on your own, you would go ahead and take that step.  If you feel that you want to go into the insurance company meeting more prepared, you may want to reach out to a lawyer because they are experienced in this area and they would know how to proceed in an accident case.  You would want to call the lawyer, then set up a meeting face-to-face with the attorney so you can discuss next step strategies.

We are a car accident lawyer in Raleigh NC that has experience in directing you on the steps to take after car accident.  If you want a face-to-face meeting, be sure to contact us.  We will discuss your options and we would be available to take on your case if you need us to.

The lawyers at Raleigh Personal Injury Law Firm will get you the compensation you need for your injuries.  Contact us today.