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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

At this point chances are you’ve heard of the ongoing crisis in Flint, Michigan regarding the tainted water. If not, a quick bit of background is that the governor of Michigan, Rick Snyder, declared a state of emergency early last month after it was confirmed that tainted water from the Flint River was causing lead to leech from the pipes into the city’s water supply.

 

Pipe runoff Charlotte Injury Lawyer Mecklenburg Accident AttorneySince the revelation, the city and state officials have been scrambling to deal with the fallout. The National Guard has been handing out bottled water as others try and come up with a solution to the problem. Children, the most vulnerable group to lead poisoning, have been exposed to far higher levels of lead than is safe, leading many to wonder and worry about potential long term health consequences.

 

The decision to switch the water supply will be investigated over the coming months. The governor has said that a thorough independent review will be commenced and the goal is to understand how and why the decision to switch to the Flint River was made. At the time the city was under the control of an emergency manager appointed by Governor Snyder and the reason given at the time was that the switch would save money.

 

Now that officials have acknowledged the seriousness of the matter in Flint, some have begun to wonder about what legal options are available to residents. It was recently reported that two new class-action lawsuits related to the water crisis has been filed in court. The lawsuits are seeking damages for both personal injury and physical damages suffered by residents of Flint as a result of the water crisis. One of the lawsuits is also asking that Flint water customers not be required to pay past or future bills for the water given that it is not safe to drink. In the other suit, the plaintiffs are trying to hold the state responsible and claim that the state Department of Health knew or should have known about the lead in the water and sat on this information for months before sharing the details with the public.

 

Beyond these existing claims, residents could also consider several other approaches for civil lawsuits. One would be that water is viewed as a good and, as a result, a lawsuit over implied warranty of merchantability could be used against the municipalities responsible for the water crisis. The argument is that the water is not fit for its intended purpose and that this amounts to a breach of the implied warranty.

 

Another option is to file a standard negligence claim against the city and state officials responsible for the decision making process. The claim in this case would be that officials had a duty of reasonable care to provide clean and safe drinking water to residents. The decision to switch the water supply to the Flint River to save money could be viewed as a breach of that duty and, as a result, the city and its officials could be found liable for providing the unsafe water.

 

The problem with all of these options is a little thing called the doctrine of sovereign immunity. This doctrine means that individuals are barred from suing the government or government officials, even when the government has made a costly mistake like they did in Flint. This doctrine says that the government cannot be sued for mistakes made while discharging a core function unless the government consents to the lawsuit. There are some very narrow exceptions to this immunity, but unless the government consents, experts agree that it will be difficult for many of the legal claims to stick.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

http://blogs.findlaw.com/injured/2016/01/legal-liability-for-flint-water-crisis.html

http://www.mlive.com/news/flint/index.ssf/2016/01/lawsuits_seek_end_to_bills_for.html

 

 

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http://www.freeimages.com/photo/drainage-pipe-1547589

 

 

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

 

It was a case that experts on both sides of the legal spectrum have been anxiously awaiting and it ended in a victory, of sorts, for General Motors. The automaker just concluded the first of likely hundreds of lawsuits involving a faulty ignition switch that the company was aware of for years yet did nothing to fix until details emerged publicly recently. Many expected the first case, one of several bellwether cases that were hand picked by plaintiffs, to end differently. Though it’s good news for GM, at least for now, experts say the car company shouldn’t be so quick to breathe a sigh of relief.

 

Car Key Charlotte Injury Lawyer Mecklenburg Accident AttorneyThe case that was recently tossed out of court concerned an Oklahoma mail carrier who claimed that an accident in his 2003 Saturn Ion left him seriously injured. The mailman argued that the defective ignition switch resulted in a disabled air bag, which in turn led to serious injuries including memory loss and brain damage on his part. The plaintiff argued that these injuries resulted in the mailman losing his dream home because he forgot to mail a check.

 

It turns out, GM and its lawyers dug deeply into the plaintiff’s case and uncovered troubling information. The plaintiff, it now turns out, lied about the reason for losing his dream home and the lies were revealed to the judge presiding over the case. Given the plaintiff’s lies in court, the judge dismissed the case, leading to what would appear to be an important victory for GM.

 

Though GM has since issued a press release touting its victory, pointing out that the first case ended without any payment to the plaintiff, experts say that it’s too soon to say that this is actually good news for the car company. Though it’s true that this one case ended in GM’s favor, this is only because the plaintiff was found to have lied about various aspects of the case. At no point did the jury issue a decision on the merits of the case. Thus, the current dismissal will not have any impact on future cases as the plaintiff’s lies have nothing to do with the underlying legal theory of the other claims.

 

The second case to be heard regarding the faulty ignition switches was hand picked by GM, something that many believe bodes well for the company’s chance of success. After all, the company wouldn’t choose a case it expected to lose. The real test will be in the third case before the court, this one concerning a 35-year-old man who died after his Saturn crashed into a bank. The ignition switch failed, cutting power to the car causing him to lose control of the vehicle and preventing the air bags from deploying. Given these details, GM will likely have a much harder time refuting the claims of wrongdoing and may very well be in for a long, expensive run of litigation.

 

Though GM announced last year that it would pay $275 million to settle nearly 1,400 cases concerning the defective ignition switches, some plaintiffs refused to sign on and held out so that they would one day have their day in court. GM must now litigate these remaining cases, which could number in the hundreds. If the plaintiffs gain traction in some of these early bellwether cases, it could prove incredibly costly for GM. If, on the other hand, GM succeeds in picking apart the plaintiffs, GM may come out the victor. We’ll simply have to wait and see.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

Source:

http://www.insurancejournal.com/news/national/2016/01/25/396191.htm

 

 

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http://www.freeimages.com/photo/car-key-white-stock-photos-1422062

 

 

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

In this post-holiday season, many people may now be dealing with the impact of the Christmas gift-giving binge. For some, that’s tackling enormous credit card bills, for others, it may be recovering from hoverboard-related injuries. The new tech toys were the hottest item this year, with kids and adults clamoring for the personal transportation items. Though they may be fun, they’ve also proven to be quite difficult to operate safely, opening up a new avenue for personal injury claims. To find out more, keep reading.

 

arm in cast Charlotte Injury Lawyer Mecklenburg Accident AttorneyHoverboards are the general category that covers a multitude of specific products. These boards have two wheels and a board to place your feet on. Operators step on the device and can direct their movement by leaning forward or backward. They’re fun and a can be a source of great amusement. Sadly, they can also be a source of great pain.

 

Since becoming the focus of media attention, the hoverboards have begun collecting bad press as well. It’s been reported that hoverboards have been randomly and without warning bursting into flames. The fires have occurred at many different times, some while the boards are charging and others while in use.

 

Another, and likely much larger problem, has to do with injuries to operators. The devices can lurch forward unexpectedly and are often more sensitive than people imagine. Though they are treated as toys, they can move quickly and cause tremendous damage, sending riders tumbling onto hard pavement, other people or objects, in turn leading to cuts, bruises and broken bones.

 

According to news reports, lawsuits have already been filed by owners of the hoverboards, including at least two different class-action lawsuits. In one case out of New York, a man filed suit claiming that the hoverboard he purchased, a Swagway, was defective after it caught fire while it was charging. In another case out of Alabama, a couple is suing a local retailer after one of the devices caught fire at their home.

 

Another problem for hoverboard manufacturers is that government regulators may soon be closing in on those companies responsible for putting out shoddy pieces of equipment. The Consumer Product Safety Commission has revealed that it is currently investigating nearly two-dozen complaints re: hoverboard fires. The CPSC says it is busy testing the products in its labs, but hasn’t yet issued any broad warnings. That hasn’t stopped the airline industry, with Delta leading the charge in banning the products from its planes after the reports of sudden fires began to increase.

 

One concern injured owners may have is that the vast majority of hoverboard manufacturers are located overseas, specifically, in China. Though it is true that this can complicate filing lawsuits, it absolutely does not prevent these claims for faulty or defective products from moving forward. Overseas companies still have financial assets located in the U.S. that can be seized in the event of a successful civil claim. Additionally, retailers can also be sued if they are found responsible for harm caused by the products they market to unsuspecting consumers.

 

One point that’s important to note about those considering such a claim is that a valid lawsuit cannot be filed based purely on clumsiness. The fact that someone trips or falls is not usually sufficient justification for a personal injury lawsuit. Instead, it will need to be demonstrated that the product is either misleadingly labeled or is instead defective and that these issues led to the harm suffered by the consumer.

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

http://fox6now.com/2015/12/30/hoverboards-a-gift-for-personal-injury-lawyers-at-least-two-lawsuits-in-the-works/

 

 

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http://www.freeimages.com/photo/broken-arm-1152672

 

 

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Do I have to sign a release allowing the insurance company to get my medical records?”

 

Everyone has heard horror stories of what can go wrong in surgeries. These tales often involve scalpels or bandages left behind inside a patient’s body or amputation of the wrong appendage. Though these mistakes are gruesome and terrible, they’re also fairly rare occurrences. Though medication errors may not be nearly as attention getting as some of the more extreme examples of medical malpractice, experts say they present a far greater danger to patients, occurring with alarming regularity and potentially causing serious damage when the mistakes do occur.

 

Surgery table Charlotte Injury Lawyer Mecklenburg Car Accident AttorneyA recent study conducted by Massachusetts General Hospital revealed especially troubling numbers, showing that medication errors occur during nearly half of all surgical operations that were included in the research. More specifically, the study indicated that in 124 of 277 surgical procedures analyzed there was either a medication error or an adverse drug event. Beyond these specific surgeries, 3,700 medication administrations were also studied, and just under 200 medication errors were identified. Even more troubling than the number of medication errors was the discovery that the vast majority of these mistakes are entirely preventable. The study concluded that nearly 80% of these medication errors could have been avoided.

 

Experts say the study by Mass Gen is troubling as it is one of the first large-scale attempts to understand the risks associated with medication error. Alarmingly, many believe the rate of error is actually higher, given that Mass Gen is one of the best hospitals in the country with some of the most rigorous safety standards and best patient outcomes. For those hospitals that aren’t topnotch, the rate of medication error may be substantially higher.

 

The problem, according to one of the authors of the recent study, is that while hospitals have put serious safety checks in place to prevent medical errors, these rules are often loosened during surgery. Surgical rooms are fast-paced environments requiring decisions to be made on the fly, often without time for double-checking. The result is that medication errors and adverse drug events occur with far higher regularity than they do in the rest of the hospital.

 

Of the medication errors reported by the study, two-thirds of the drug errors were labeled “serious” and another 2 percent were deemed life-threatening. When these numbers are extrapolated out over the many thousands of surgeries that are performed across the U.S. each and every day, it adds up to a troubling proportion of mistakes. The numbers of medication errors combined with some other grim statistics is enough to give patients pause before going under the knife. Other studies have indicated that up to 400,000 people die each and every year due to preventable medical errors (including medication mistakes) and hospital-acquired infections. This would make medical errors the third leading cause of death in the U.S., behind only heart disease and cancer.

 

Experts say that while the current study does not provide answers about how to end the medication errors, it does shed light on a problem that was seldom discussed. By exposing the issue to further scrutiny, the hope is that medical professionals and hospital administrators can give the problem the attention it deserves. By working to reduce the instances of medication error, unsuspecting patients across the country can improve their odds of surviving and thriving after surgery, something that is in everyone’s best interest.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

http://www.cbsnews.com/news/medication-errors-seen-in-half-of-operations-in-study/

 

 

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http://www.freeimages.com/photo/medical-1240480

 

 

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Matt Arnold of Arnold & Smith, PLLC answers the question “If I am injured in a car accident or at work what should I do?”

 

What is aggressive driving?

 

Road Rage Charlotte Injury Lawyer North Carolina Car Wreck AttorneyAggressive driving is an umbrella term that encompasses a range of risky behaviors. Most broadly, aggressive driving refers to when someone on the road begins operating their vehicle in a reckless or potentially dangerous way. Aggressive driving can be demonstrated by little thing, such as unnecessary honking. Rude gestures, screaming at other motorists, jumping in and out of lanes, cutting off other drivers, passing slow moving vehicles when it isn’t allowed, running red lights or stop signs are some of the many examples of aggressive driving.

 

What causes aggressive driving?

 

The short answer is that almost anything can cause aggressive driving. Someone driving too slow after you’re late for a meeting or a driver refusing to let you merge after a stressful day at work can set someone off and lead to dangerous and potentially deadly consequences. According to most surveys, the biggest contributing factor in aggressive driving incidents is the fear that a person is running late and is otherwise in a hurry. The mistake that these drivers, who might otherwise be perfectly reasonable people, make is that by cutting corners and driving dangerously, they will manage to buy themselves time. The reality is that aggressive driving seldom saves any meaningful time from your trip and succeeds only in dramatically increasing your chance of being involved in a car accident.

 

How big of a problem is aggressive driving?

 

Aggressive driving is a serious and growing problem here in North Carolina and across the country. Data gathered by AAA estimates that 56% of all accidents that occurred between 2003 and 2007 involved some form of aggressive driving. Even more alarming was research conducted by the National Highway Traffic Safety Administration, which revealed that as much as two-thirds of all traffic deaths could be linked to aggressive driving.

 

So who are these aggressive drivers? According to AAA, male drivers are more likely than female drivers to operate a vehicle aggressively. Amongst male drivers, those under the age of 19 are the most likely to drive aggressively. Young male drivers are inexperienced and often unaware of the consequences that driving aggressively could have, with many under the false impression that nothing bad will happen to them. Sadly, something bad can and does happen all the time, and driving aggressively only increases the likelihood of it happening to you.

 

What does the law say about aggressive driving in North Carolina?

 

North Carolina is one of 15 states that have adopted legislation aimed at curbing the dangers posed by aggressive drivers. Lawmakers in North Carolina went so far as specifically creating an offense known as aggressive driving. Under state law, aggressive driving is defined as the driving carelessly or heedlessly in willful disregard of the rights or safety of others. Examples include speeding, running red lights, running stop signs, passing illegally, following too closely or failing to yield the right of way.

 

What should you do if you are the victim of aggressive driving?

 

If you’ve being confronted by an aggressive driver it is important that you avoid doing anything that will be seen as engaging or encouraging a continued dispute. Do not respond to any crude gestures or screaming. Ignore the driver as much as possible and try to stay out of the path of the aggressive driver. Though it may be hard to do, experts say the best approach is to avoid doing anything that would be seen as escalation and to keep your distance. Never confront the driver as this could lead to even more serious consequences.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

http://www.nhtsa.gov/Aggressive

 

 

Image Credit

http://www.freeimages.com/photo/iron-bite-1436656

 

 

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What qualifies a person to receive Workers’ Compensation benefits?”

 

It is genuinely tragic to think that someone simply trying to earn a living and provide for their family might leave for work in the morning and not make it home in the evening. Fortunately, the frequency with which such tragedies occur has decreased over the past several decades thanks to increasingly tough regulations and enforcement by federal and state workplace safety agencies. Though things have improved, it’s important to remember that hundreds of people die across the country each and every year due to lapses of workplace safety procedures, meaning hundreds of families suffer through the loss of a loved one who was only trying get to work.

 

construction workers Charlotte Workplace Injury Attorney North Carolina Workers Compensation LawyerA similar tragedy occurred earlier this month in Goldsboro, North Carolina when two workers died and a third worker was severely injured in a workplace accident. The incident occurred at night at the SPX Transformer Solutions office in Goldsboro. According to the Department of Labor, which has been providing information about the incident, the initial problem was noticed when one worker was working inside a transformer and became unresponsive. After the first worker became unresponsive, a second worker went inside the transformer and also became unresponsive. A third worker then went into the transformer and also become unresponsive. The first two workers were later pronounced dead while the third was taken to a local hospital where he has been treated for life threatening injuries.

 

SPX is a major transformer manufacturer, a line of work that involves the use of complicated machinery and potentially deadly electricity. The company employs more than 1,000 people in the area and has previously be awarded safety awards from the Department of Labor, recognizing it’s attempts to create a safe workplace. Despite these recent awards, the company has previously run into similar workplace safety issues. Specifically, back in 2012, an employee was electrocuted, something that may have taken place in the current case. Since then, the Department of Labor has been monitoring SPX carefully and working to avoid repeat harm to employees.

 

According to the Department of Labor, the current tragedy occurs after a slightly safer year overall. OSHA says that so far this calendar year it has participated in investigating 35 work-related fatalities. This compares to a total of 37 workplace fatalities at this time last year. That may not be much of a difference, but any decrease in workplace death is a victory that should be celebrated.

 

In cases like these, the families of the workers will have to find some way to put the pieces of their lives back together again. It can be a very difficult journey to cope with the unexpected loss of a loved one. In helping to move forward, the family members should understand that they have options to receive financial compensation for their loss. One such option is to receive financial assistance through the workers’ compensation system, known as death benefits. Another possibility, depending on the particular circumstances of your case, is to consider filing a wrongful death claim. This is possible in instances where negligent action (or inaction) by a third party resulted in the death of a loved one.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

http://www.wral.com/two-workers-killed-in-spx-plant-accident/15145974

 

 

Image Credit

http://www.freeimages.com/photo/construction-workers-1215154

 

 

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I wait a few months to pursue a personal injury claim?”

 

Last week the newly elected mayor of Flint, Michigan, Karen Weaver, made a bold decision. Rather than continue to sweep mounting concerns about the city’s drinking water and the impact it may have had or continue to have on residents under the rug, she decided to declare a state of emergency. The decision brought nationwide attention to Flint and the city’s water supply as well as the often-overlooked problems caused from exposure to lead.

 

Leaky sink Charlotte Injury Lawyer Mecklenburg County Accident AttorneyThe trouble in Flint began back in 2014, when lawmakers decided to switch the city’s drinking water supply from Detroit to the Flint River. The reason behind the change was, even more tragically, a financial one. Flint, as many know, is struggling to balance its budget and the city believed one way to help would be to lower the costs associated with its water supply.

 

The switch to water from the Flint River was only ever meant to be a temporary fix, using the water until a permanent pipeline could be built to Lake Huron. However, the water from the Flint River, though it was treated, was incredibly corrosive. So much so, that the water began to leach lead from the pipes carrying the water into Flint residents’ homes.

 

It didn’t take long for the complaints from residents to come pouring in. Many said that the water tasted funny and that they were eager to return to the Detroit water supply until the Flint River could be verified as safe. However, these calls were ignored, until finally, a few months ago, the Michigan Legislature approved emergency funding to pay to reconnect Flint to Detroit’s water supply.

 

Though it’s good that Flint is again receiving a safe supply of drinking water, the damage has already been done. One survey, conducted in September of this year, showed that infants and young children in Flint had already doubled the levels of lead in their blood that existed prior to the switch to using the Flint River.

 

Over the past several decades, we can all be thankful that steps have been taken to reduce our exposure to lead. Cars use unleaded gasoline and lead-based paint is barred from use. As a result, the chance to being exposed to lead is reduced for many people, though as this case demonstrates, that chance isn’t zero.

 

Lead can still be found today in paint, in soil and, as residents of Flint understand, in water. Exposure to lead can result in lifelong development problems, including reduced IQ, behavior changes and serious health problems. Even more troubling is that, in many cases, there are very few symptoms to alert individuals to the risk of lead poisoning. If you believe you may have ingested unsafe levels of lead, you should seek medical attention immediately. There are some medications that can be used to remove lead from the body, though these treatments are not always effective. Unfortunately for the residents of Flint, experts say the absolute best thing you can do to protect yourself from the dangers of lead is to avoid exposure in the first place.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

http://www.livescience.com/53168-michigan-lead-poisoning-health-effects.html

 

 

Image Credit

http://www.freeimages.com/photo/dripping-faucet-1463410

 

 

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can you sue for in a personal injury case?”

 

Everyone knows about the dangers associated with distracted driving. Commercials and public service announcements routinely warn drivers of the importance of focusing on the road in front of you and not on other distractions, usually cellphones. A subset of distracted driving that seldom gets the attention it deserves involves tired drivers. Drivers who are exhausted are just as if not more dangerous than those busy texting. Thankfully, a new push by federal lawmakers appears designed to bring increased attention. To find out more, keep reading.

 

Tractor Trailer Truck Charlotte Injury Lawyer Mecklenburg Car Accident AttorneyCongress has recently been wrestling with a massive spending program, dubbed Fixing America’s Surface Transportation Act (cleverly, FAST). The legislation is currently estimated to cost the government $305 billion, a pretty penny designed to address multiple transportation woes. Thankfully, a group of concerned lawmakers allocated a tiny fraction of the overall amount to specifically study the impact that long work hours have on truck drivers and the potential hazards this presents to the rest of us on the road.

 

The FAST bill includes a specific requirement that the Federal Motor Carrier Safety Administration create a study of truck drivers and how their heavy workload can impact their ability to operate commercial vehicles safely. The requirement was included in the bill after the crash earlier this year that left one person dead and almost killed SNL-alum Tracy Morgan.

 

The legislation mentions that the crash occurred when a tractor-trailed struck a van in New Jersey carrying Morgan and several other comedians. The accident happened after the driver of the truck had been awake for more than 24 hours. Additionally, the truck driver had already driven 12 hours overnight before starting his shift the day of the crash.

 

Studies have shown over and over that driving while tired is as dangerous if not more so than driving while intoxicated. The problems are often the same, drivers’ response time lengthens dramatically, their thinking is clouded, their coordination worsens and the chance of being involved in a deadly wreck increases exponentially.

 

The aim for the study is to focus attention on what is a serious and deadly problem. The hope is that by studying the issue in detail, experts can better understand how often such long commutes occur and what impact these lengthy commutes can have on public safety.

 

Morgan understands all to well the impact that exhausted truck drivers can have on suspecting passersby. The comic is still recovering from serious brain damage and other injuries. Several others in his tour bus were also severely injured in addition to the comic, James McNair, who died. Though Morgan’s accident captured the nation’s attention, the reality is that this happens far more often than many people may realize. According to the Department of Transportation, nearly 4,000 people die every year in crashes involving tractor-trailers and passenger vehicles. Driver fatigue is listed as the primary reason for such crashes.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

http://www.jdsupra.com/legalnews/study-on-tired-truckers-part-of-new-16230/

 

 

Image Credit

http://www.freeimages.com/photo/truck-1560934

 

 

See Our Related Video from our YouTube channel:

https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

 

Damage caps in personal injury cases have become an increasingly hot topic in recent years, with courts across the country wrestling with the issue. State high courts have been left to decide whether and when such caps, usually on noneconomic damages or medical malpractice payouts, are appropriate or even constitutional. Some, such as Florida, have decided that such caps are not only unconstitutional, but also completely ineffective. Others, like the recent case in Tennessee, have looked for ways to avoid making such a decision. To find out more about the recent case, keep reading.

 

Judge Gavel Charlotte Accident attorney Mecklenburg injury lawyerThe case in Tennessee began when Donald Clark and his wife filed suit against AT&T and one of its employees. The personal injury case claimed that AT&T and the employee were negligent and asked that the defendants be ordered to pay the plaintiffs $25 million in non-economic damages. The payout was related to a car accident that left Donald severely injured.

 

In addition to asking for money from the defendants, the Clarks also asked that the district court declare Tennessee’s caps on non-economic damages in personal injury cases unconstitutional. In Tennessee, the cap is $750,000 in certain personal injury cases, well below the amount that the Clarks believed they were entitled to.

 

The trial judge in this case surprisingly agreed with the plaintiffs, denying a motion for summary judgment form the defendants. The judge concluded that the state’s law was unconstitutional and, in doing so, allowed the defendants to appeal. The defendants wasted no time and appealed the matter all the way to the Tennessee Supreme Court.

 

The Supreme Court was asked to resolve the important question of whether the cap on non-economic damages was constitutional or not. Instead, the Court punted the issue, saying that the question was not yet ripe for judicial review. Their reasoning makes perfect sense; currently the case before them does not involve an award in excess of the cap. Given this, there is no current dispute; all issues are purely theoretical at the moment. The Supreme Court decided that the trial court had acted prematurely by deciding what should have remained an open question until such a time as a damages award exceeds the cap.

 

Critics are hopeful that the current case allows for possibility that the Supreme Court might still strike down the state’s law. Opponents of damage caps argue that they serve solely to protect those who have done tremendous harm to others. In fact, damage caps are specifically designed to protect the most wealthy offenders, often medical providers, hospitals or large companies and insurers, those who have caused substantial harm and yet hide behind damage caps to avoid being forced to take full financial responsibility for their actions. The hope is that the plaintiffs eventually win the case and are awarded damages in excess of the cap. Should that happen, the case would again land before the Supreme Court and this time, they will need to answer the fundamental question concerning the validity of the law.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

 

http://www.insurancejournal.com/news/southeast/2015/12/03/390792.htm

 

 

Image Credit

http://www.freeimages.com/photo/gavel-2-1236453

 

 

See Our Related Video from our YouTube channel:

https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

See Our Related Blog Posts:

Report Reveals Vehicles Most Commonly Involved In Personal Injury Claims

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is a tractor-trailer accident the same as an automobile accident?”

 

Everyone knows that working your way through the legal system can be a slow, expensive process. There are rules and procedures to follow, paperwork to complete, motions to respond to, hearings to attend and mountains of discovery to shift through. The intricacies of the legal system can exhaust even the most tireless plaintiffs, causing many to give up without putting up much of a fight.
stacks of cash Charlotte Injury Lawyer Mecklenburg Car Accident AttorneySadly, this is exactly what many defendants are counting on. In fact, insurance companies and large corporations often depend on their ability to wear a plaintiff down to keep the size of payouts in check. These companies understand that plaintiffs will eventually feel pressure to cave and accept much less money than they may otherwise be entitled to all to put an end to the court process and collect something, no matter how small, to compensate them for the harm they’ve suffered.

 

It’s this sad reality that led a group of business people to form a new company aimed at helping to level the playing field between deep-pocketed defendants and plaintiffs. The company, called Mighty, is based in New York and is beginning to receive some attention, including a recent profile in the Wall Street Journal. The company says its mission is to raise badly needed cash for plaintiffs by bridging the gap before a lawsuit can be settled.

 

Mighty says that wealthy defendants, typically corporations, take advantage of the fact that plaintiffs are tapped out financially and often need an injection of cash, however small, to pay the bills. This can lead to an imbalanced legal system where plaintiffs are routinely taken advantage of because they lack the financial power to continue the fight against the defendants. By providing money to pay their bills while a settlement negotiation is ongoing, Mighty hopes to even the playing field, even if only slightly.

 

Right now Mighty says that plaintiffs are able to finance up to 10 percent of the estimated value of their settlement, the goal being to limit this to a relatively small sum and leaving the remainder to the victim. Individuals compete to attract plaintiffs by offering lower rates of return. Another positive for plaintiffs is that the funds are known as a non-recourse investment, meaning if the plaintiff ultimately loses the case, they will not owe investors anything.

 

There are some obvious drawbacks associated with Mighty and other personal injury finance companies. One important one is the interest charged. At Mighty, the average rate is between 20 and 30 percent annually, much higher than a traditional loan or even a credit card. While this should give some people pause, Mighty argues that the plaintiffs taking the loans end up in a better financial situation than those who do not because their eventual payouts are higher.

 

It’s a sad reality that the party better able to outlast the other financially is often at a tremendous advantage during legal proceedings. Legal experts say that while companies like Mighty may not be the answer to the larger problem with the legal system, they might be helpful for some plaintiffs who need a quick injection of cash and are willing to pay the price to get it.

 

If you are injured contact an experienced personal injury attorney who can help you receive the compensation to which you may be entitled to.  Feel free to contact the experienced personal injury attorneys at Arnold & Smith, PLLC in Charlotte, North Carolina for a free consultation. Call toll free at (955) 370-2828 or click here for additional resources.

 

About the Author

Matt Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Source:

http://blogs.wsj.com/venturecapital/2015/09/16/personal-injury-plaintiffs-may-benefit-from-new-litigation-funding-marketplace/

 

 

Image Credit

http://www.freeimages.com/photo/worn-baseball-1314396

 

 

See Our Related Video from our YouTube channel:

https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

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