Archive for July, 2010
Friday, July 23rd, 2010
Earlier this week I had a personal injury consultation OR case evaluation with an individual who suffered minor injuries in an auto accident. The facts of the accident were simple: an accident occured, this individual was not at fault, and he/she was also injured. Within a few minutes, another fact relevant to any claims this individual had against the at fault party surfaced – - – TIME. Not only was the individual the victim in an accident, he/she was also a victim of North Carolina’s statute of limitations.
The clock starts ticking the moment an accident takes place or an injury is discovered. This is referred to as the statute of limitations. A statute of limitations establishes a maximum time frame in which legal claims based on an accident or injury can be initiated. This time limit varies from state to state. In North Carolina, accident and injury victims need to be aware of the following:
Personal Injury & Negligence
- in general 3 years from act or discovery – NC GS Sect. 1-52
Medical Malpractice
- 3 years with discovery rule
Product Liability
Wrongful Death
I used the word “discovery” a few times. In certain circumstances the injured party may not discover the injury within the time limitation. The discovery rule is allowed in certain instances. Certain well-known medical malpractice cases in which the physician neglected to remove an internal bandage or left a surgical tool inside the victim fit this “discovery” rule. If it can be determined that the injured party could not have reasonably known about the harm before discovery, the statute of limitations may be extended.
The circumstances and facts matter. When it comes to personal injury claims, it truly is “a matter of time”.
Tags: auto accident, injury, north carolina personal injury, statute of limitations, wrongful death
Posted in Malpractice & Negligence, Personal Injury, Vehicle Accidents, Wrongful Death | Comments Off
Saturday, July 17th, 2010
If you’re driving through the Raleigh, Knightdale, or the Clayton area, you may notice cars with stickers that read “LNTL”. There are hundreds of popular oval-shaped stickers in the area, but this one is different. The “LNTL” stands for ”Live now. Text later.” Last month I chose to support the start-up organization that produced the stickers.
I wanted to help promote a message that prevents auto accidents, injuries, and even death. Texting while driving is unsafe. It is also illegal in North Carolina. In an earlier post I gave a “shout out” to a church that posted a sign that read, “Honk if you love Jesus - Text while driving if you want to meet him.”
Texting while driving is not just a problem limited to teenaged drivers. We all get busy and are tempted to text, read emails, or chat casually while driving. Each of these activities is extremely dangerous, and have been called a new form of drunk driving. Now that I am a part of the message against texting while driving, I am going to hold myself accountable.
You can read more about the free car stickers at http://www.LiveNowTextLater.com.
Tags: auto accident, clayton nc, injury, knightdale, live now text later, lntl, raleigh, texting while driving
Posted in Personal Injury, The Law Offices of Alesia M. Vick, Vehicle Accidents | Comments Off
Friday, July 9th, 2010
This type of accident is too tragic to ignore.
Without knowing all the details, I am going to go out-on-a-limb and guess that the truck driver, like many others in motorcycle and passenger vehicle accidents, did not see the motorcyclist.
This morning I caught word of the story on the WRAL.com website. At around 8 AM, the story included very few details, and just stated that a commercial truck struck a motorcyclist and caused the rider to loose control. Tragically, the truck driver didn’t stop. The driver was pulled by highway patrol 20 miles south of the accident. More details, including a photo of the truck driver, were added by 1:00 PM this afternoon.
Motorist inattention or failure to recognize a motorcycle is the predominant cause of accidents involving a motorcycle.
SHARE the ROAD!
Today’s motorcycle riders compete with more inattentive and distracted drivers than ever before. It is far more dangerous to operate a motorcycle than in times past. Bike designers can greatly improve rider comfort, bike stability, and safety features, but they cannot account for the millions of motorists on the highway that encounter motorcycles daily.
The truck driver, Michael Gray Rigsbee (38), now faces several charges, including second-degree murder. Officials have clearly stated that he has been found at fault for this unfortunate trucking accident.
Tags: auto accident, motorcycle accident, trucking accident, wrongful death
Posted in Personal Injury, Vehicle Accidents, Wrongful Death | Comments Off
Wednesday, July 7th, 2010
“Character is what you do (or who you are) when no one is watching”…so you think?
I had to write my first “guest” post about the homeless man in El Paso, Texas who rescued a fallen American flag during a storm. I know that I am supposed to focus on personal injury, but what an AWESOME display of patriotism and character! The fact is, no one would have known it was him…he would have never claimed responsibility or glory…BUT a surveillance camera captured him in the act. I watched the video three times, because the story stirred up so many emotions for me.
 Character on display He rescued the fallen flag in the middle of a severe storm; taking the time to properly fold and place it on a parked vehicle. Afterwards, he retrieved the fallen flagpole and made his way back to his hidden away resting spot.
This man, Gustus Bozarth, is homeless; meaning he could be one who can be considered passed over by the “American Dream”. Regardless of his life’s circumstances, his CHARACTER was on display. I am not sure what situations landed Mr. Bozart in his current homeless state, but I am definitely a fan of a person that would regard the flag with such high esteem, even when his life reflects the very condition he fould the flag in – fallen, down, but still having worth.
“AIN’T THAT AMERICA…” John Mellencamp’s Pink Houses
Gus, you get the “gold star” for the day. Thank you, Sir.
* Found out that I spelled the lastname incorrectly – updated 7/13/10
Tags: character, homeless, patriotism
Posted in The Law Offices of Alesia M. Vick | Comments Off
Tuesday, July 6th, 2010
Does personal injury experience matter?
The Old Spice commercial featuring Bruce Campbell is one of the greatest ads produced. The one minute ad concludes with the message, “Experience Is Everything.” Mr. Campbell’s monologue speaks several truths about experience including:
- “If you have it, you need more of it.”
- “You need it to get it.”
- “If you don’t already have any of it to begin with, you can’t get any of it to get started…”
You can watch the video for yourself: Old Spice Commercial ft Bruce Campbell
After finishing law school I ran into the experience hurdle more than once on my job search. Looking back, the hurdle pointed me into solo practice. I have been successfully solo since 2007.
One of my first personal injury cases involved a survivor of a terrible motorcycle accident. The client came as a referral from an existing client. I had limited knowledge of personal injury matters at the time, but I knew enough to know that the injuries my client suffered in the motorcycle accident needed my full attention. I relied on my network to help guide me through the case, and I worked to provide my client with answers to questions. I wish that I could say that I was able to secure a substantial verdict of settlement for my client, but I cannot. The client elected not to have me continue representation in this matter. After several months of work, the client chose to have more experienced attorney represention in the personal injury matter.
What?
To date, I don’t know the outcome of the claim. For me, it was a tremendous, but ego bruising learning experience. The next few years saw more personal injury cases come my way…and stay. Experience is truly “the best teacher”. It took the bruising experience for me to grasp the magnitude of my North Carolina personal injury practice.
For attorneys who have had similar experiences, but desire to gain experience, don’t underestimate the benefit in associating (or fee saharing) with more experienced attorneys. For me, it was a great way to gain experience. The end result may have been less financial gain for me, but as the commercial pronounced,“Experience Is Everything.”
If I could add one personal statement to Bruce Campbell’s monologue, it would be:
“You can’t buy it, but if you don’t have it, you will pay for it.”
By not being allowed to fully represent the client through the matter, I paid the price. Now, I am able to share it or help others get it. So, the “case that wasn’t” turned out to be very valuable.
Tags: experience, injury, motorcycle accident, north carolina personal injury
Posted in Personal Injury, The Law Offices of Alesia M. Vick | Comments Off
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