Personal Injury

TN Court Punts Question on Injury Damage Caps

December 8, 2015 | AS Personal Injury Lawyers

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.

New Startup Aims To Assist Personal Injury Plaintiffs

December 1, 2015 | AS Personal Injury Lawyers

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.

“Baseball Rule” In Personal Injury Cases At Risk Of Being Tossed Out By Judges

November 24, 2015 | AS Personal Injury Lawyers

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

Several court cases are converging in what some experts believe may result in some changes in the way that Major League Baseball deals with injuries to fans. The rule has long been that the assumption of risk doctrine protected teams and the MLB from liability associated with injuries caused by foul balls or broken bats. Whether that continues to hold true remains to be seen, and, should the protection go away or be diminished, expect serious changes at your local ballpark as teams are forced to worry more about fan safety.

Pot and Product Liability Claims

November 3, 2015 | AS Personal Injury Lawyers

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

Until a few years ago it would have been impossible to imagine that pot smokers could have a legitimate basis to file a product liability lawsuit against the person selling them the drugs. Before Washington and Colorado led the way, this would’ve meant a drug user would be suing a drug dealer for failing to warn of harms associated with an illegal substance. Not anymore. Now that the marijuana business is legal in some states, it will have to contend with problems that bedevil those in every other industry, including product liability lawsuits.

Professional tennis player suing USTA for negligence after slip and fall at U.S. Open

October 29, 2015 | AS Personal Injury Lawyers

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 year, Canadian-born tennis player Eugenie Bouchard was the sport’s next big star. The 21-year-old reached the final of Wimbledon and the semifinals of the Australian Open and the French Open. Her ranking peaked at No. 5 in the world. Today, however, Bouchard can’t step foot on a tennis court, and a recent suit suggests that negligence on behalf of the United States Tennis Association (USTA) is to blame.

If a tree falls in the woods and no one is there to sue over it…

October 27, 2015 | AS Personal Injury Lawyers

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?”

With the recent landfall of Hurricane Patricia in Mexico and the ensuing rains and storms across the United States, it may be useful to brush up on liability associated with falling trees. It’s something that rarely crosses most people’s minds until it’s too late. When a tree falls and injures another person or their property, it can come as a costly surprise to everyone. To find out what happens when a tree falls in North Carolina, keep reading.

Reminded of 2013 accident, inspectors working around the clock to ensure safety of 2015 fairgoers

October 20, 2015 | AS Personal Injury Lawyers

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?”

Many still remember the terrible accident at the North Carolina State Fair in 2013 that left several people hospitalized for weeks. However, the Wake County District Attorney’s Office determined that the ride’s malfunction was no accident at all. The ride, known as the “Vortex”, malfunctioned and severely injured several individuals at the NC State Fair two years ago. The State determined that the owner of the ride, with the help of his employee, had bypassed certain safety mechanisms on the ride, allowing the ride to operate without the safety bars in place. Because of their actions, the State determined that the parties should be held criminally liable.

What is a loss of consortium claim?

October 13, 2015 | AS Personal Injury Lawyers

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

Anyone who has had a loved one seriously injured in a North Carolina personal injury accident understands that the victim is not the only person impacted. Instead, accidents have a ripple effect, impacting family members and loved ones who must cope with the emotional injuries associated with serious accidents. There’s a term for this harm: loss of consortium. To learn more about loss of consortium and how it works in the context of a North Carolina personal injury case, keep reading.

Judges order new trial in KFC slip-and-fall case

September 29, 2015 | AS Personal Injury Lawyers

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

A recent slip-and-fall case out of New Jersey managed to grab the attention of the state Supreme Court. The New Jersey High Court ruled unanimously on Monday that instructions to the jury in a lower court personal injury case were flawed and that this prejudiced the result, leading the Court to order a new trial.

Premises Liability in North Carolina

September 22, 2015 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does the “one-bite rule” mean in NC dog bite cases?”

I recently came across an article listing some of the most common examples of personal injury claims. As you might expect, the list began with car accidents, an incredibly common source of personal injury cases in North Carolina and elsewhere. The sheer number of vehicles on the road all but guarantees a constant supply of new automobile injury cases. Another category on the list that is less well understood concerns premises liability. Though few people know the phrase, premises liability is an important concept that touches on a wide range of injuries and represents a sizable chunk of personal injury cases. To learn more about premises liability in North Carolina, keep reading.