Posts Tagged ‘wrongful death’
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
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.
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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
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
Friday, June 25th, 2010
Eddie Jenkins (57) died from a gunshot wound(s) suffered during an Army training accident at Fort Bragg in Fayetteville, NC. Mr. Jenkins worked for the Tennessee-based company, Echota Technologies Corp. According to the company’s website, they hold a contract with the US Department of Defense, and offer various services including IT, defense and security, training services, and operations support. Eddie Jenkins was performing his duties at the tactical range when the accident occured.
According to Mrs. Jenkins (wife), one of Eddie’s duties was to set targets in place at the range. According WRAL.com, she “always worried” about his safety, and she doesn’t believe Eddie and his co-workers were given protective gear. WRAL also reported that Echota COO said “company policy called for contractors to wear body armor”. He declined to comment on whether the company ISSUED protective gear.
Two others were injured and treated as a result of this training accident.
I’m interested to find out whether company policy and practice were aligned. Is there any negligence on Echota’s part? It seems like a wrongful death suit in the making. Mrs. Jenkins wants answers to this tragic occurence. I’ll keep her in my thoughts and prayers as she deals with this loss. We’ll see what unfolds.
Tags: negligence, shooting accident, wrongful death
Posted in Wrongful Death | Comments Off
Friday, June 25th, 2010
Yesterday WRAL.com reported that a Sanford, NC teenager lost his life in an automobile accident on Tuesday, June 22. The teen was ejected from the vehicle when a driver crossed the center line and collided with the pickup truck the teen was riding in. The teen died as a result of injuries sustained in the accident. Three other individuals, including the driver of the car, were transported to local hospitals. The condition of the others involved are unknown at this time.
North Carolina roads have claimed the lives of several teenagers this year, including the numerous tragedies in Johnston County. Many question whether personal injury and wrongful death attorneys are needed. We hear the slogan, “ambulance chasers” used to describe attorneys who respresent accident victims, or in extreme cases, those who openly solicit at the scene of accidents. (a practice which is strictly unethical according to the ABA) Without knowing the full details and the cause of the accident, the facts remain simple; an accident occured and a 15-year old is no longer alive.
There is NO way to replace a life, but personal injury and wrongful death attorneys exist to help families recover some amount of compensation for their loss. Tonight there are parents suffering and planning a funeral for a son they never imagined losing.
Tags: auto accident, injury attorney, wrongful death
Posted in Vehicle Accidents | Comments Off
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