Posts Tagged ‘injury’
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
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
Tuesday, June 29th, 2010
Ashlie Moore (16) died on June 4th, 2010 when the SUV driven by her 18-year old boyfriend, Dillon Tart flipped several times and smashed into the outside wall of a Wal-Mart. Dillon sustained non-life threatening injuries, but faces numerous questions from the Harnett County community regarding the accident. From what I have read, news comment boards echo the sentiments of the community; some reserving judgment about the boyfriend, while others are ready to lay blame.
How could this happen?
The circumstances surrounding the accident have led to a lot of suspicion and finger pointing.
Witnesses say that they saw Tart and Moore in a heated argument inside the SUV. Witnesses also say and surveillance cameras show that the driver (Tart) accelerated quickly and drove away at a high rate of speed. The vehicle sped into the Wal-Mart parking lot, struck a car, flipped over, and slammed into the outside Wal-Mart wall.
It is the events leading up to the accident that have many puzzled. Did Tart speed away angrily? Did Moore grab the steering wheel at some point? Did Tart, with a history of epilepsy, have an epileptic episode? Tart may be able to provide answers to some of these questions.
Comment posters at WRAL.com have weighed in on the story posted today, June 29, 2010. Investigators are working to reconstruct the accident. Possible charges may follow as the District Attorney is planning to present evidence to the Harnett County grand jury.
Tags: auto accident, injury, wrongful death
Posted in Vehicle Accidents, Wrongful Death | Comments Off
Sunday, June 27th, 2010
Two early morning incidents leave a pedestrian in Wayne County and Cumberland County injured.
Shortly after 2:00 AM in Fayetteville, a pedistrian walked into the path of an oncoming vehicle. The accident left the pedestrian critically injured. The driver of the vehicle was not cited for the accident.
In the Wayne County town of Pikeville, a pedestrian was struck by a vehicle on I-795 after 4:00 AM. The condition of the injured pedestrian is not known at this time.
- According to NCDOT 2006 Crash Report, a pedestrian is injured or killed every 4.8 hours.
UPDATE: Pedestrian struck on I-795 was killed
Tags: auto accident, injury, pedestrians
Posted in Vehicle Accidents | Comments Off
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