Personal Injury

Tight Bike Lanes Lead To “Dooring” Danger :: Personal Injury Attorneys and Lawyers in Charlotte, NC

September 12, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Do I have to sign a release allowing the insurance company to get my medical records?”

City Council members in Raleigh, NC say they are examining the current location of bike lanes and whether the lanes are so tight that bicyclists are actually put in harms way. The reason for the examination is that some bikers have complained about being injured by “dooring”, the term for what happens when a bicyclist runs into an open car door.

To help remedy the problem, a local cycling organization, Bicycle and Pedestrian Advisory Commission (BPAC), suggests that laws be changed to say that it is illegal for a motorist to open the door of their vehicle on the side that faces moving traffic unless it is reasonably safe to do so. Though dooring might seem like a minor annoyance, BPAC leaders say that the practice can frequently turn deadly. BPAC says that they hope local lawmakers in North Carolina will make it clear that it is the responsibility of the person opening their door to be sure that the door has sufficient clearance.

BPAC leaders said that they are working at the local level to push for dooring changes given that North Carolina is one of only 10 states across the country without a dooring law already in place. A survey of state laws found that besides North Carolina, the following states lack dooring regulations: Virginia, Connecticut, Indiana, Iowa, Kentucky, Michigan, New Jersey, Tennessee and West Virginia. Even Alaska, where there are surely few instances of cyclists being endangered on congested streets, has passed an anti-dooring law.

One council member noted that cyclists must also have some responsibility for their own safety and use common sense to stay alert when they see an approaching vehicle has just parked. The city council considered the dooring proposal, but said that before they feel comfortable voting on the issue they would like to have staff gather statistical data on the number of accidents that involve dooring and how best to remedy the problem.

Child Porn Victim Files Class-Action Suit Against Those Who Viewed Her Images :: Personal Injury Attorneys and Lawyers in Charlotte, NC

August 22, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A young woman from Pennsylvania has broken ground by filing a class action suit against more than a dozen men who were found to have viewed explicit images of her as a young girl. The victim of child pornography, Masha Allen, is now using a law that carries her name to try and collect at least $150,000 from each of 14 different men so far.

Masha’s story is an especially tragic one and begins when she was a five-year-old Russian orphan. Masha was adopted by a divorced Pittsburgh millionaire named Matthew Mancuso. Mancuso claimed at the time that he was adopting her to try and make up for the distance he felt between himself and his teenage daughter, when he was actually seeking to adopt a young girl for sexual purposes. Police say Mancuso, a successful engineer in his 40s, repeatedly raped and sexually abused Masha on camera, sometimes during trips to Disney World. More than 200 sexually explicit images of her were posted online and the FBI says they have since been viewed millions of times.

Thankfully the FBI located Masha back in 2003, at age 10. She’s now 20 and testified before Congress about how law enforcement failed her by never checking up on her wellbeing. In response, Congress passed a law that allowed for lawsuits against the sometimes-wealthy individuals who view child pornography. The law notes that victims are injured every time their images are illegally accessed, thus allowing even viewers and not just the actual perpetrators to be held liable.

Late Night Charlotte Crash Leaves Two Dead, Eight Injured :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 23, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “Can I wait a few months to pursue a personal injury claim?”

News reports discussed the recent tragic accident in Charlotte, NC that left two people dead and eight others seriously injured. The accident took place very early Sunday morning at the intersection of Eastway and Arnold Drives.

A spokesperson with Charlotte-Mecklenburg Police has confirmed that two people died in the accident while another eight people were transported to local hospitals with varying degrees of injuries. Several are still recovering at Carolinas Medical Center – Main.

Police say the accident happened when a 2005 Chevy Malibu that was heading south on Eastway Drive crashed into a 2002 Honda Odyssey. The force of the collision resulted in the Malibu being pushed across the double yellow line into oncoming traffic, where an oncoming Ford Explorer then hit the Malibu. This second crash then caused the Malibu to roll over onto its roof, ejecting several of the passengers.

Police say it was the ejection that resulted in the death of two of the passengers in the Malibu and caused the serious injuries to the others. Several young children in the Odyssey also suffered injuries, as did occupants in the Explorer. Police say they have only just begun launching an investigation into the crash but have so far been able to rule out alcohol as a cause.

Sadly, the accident illustrates just how deadly it can be when passengers are thrown form a vehicle. Though police have not yet said whether passengers in the cars were wearing seatbelts at the time of the collision, lack of a safety belt is almost always seen in cases where ejection occurs. However, it’s important to note that seatbelts and airbags are not always successfully in preventing passengers from being thrown from a car.

Toyota Finally Reaches Settlement In Sudden Acceleration Case :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 18, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

Though the issue may have slipped the minds of many people, the Toyota sudden acceleration case is back in the news as a federal judge this week finally approved a $1.6 billion settlement with the automaker. The approval was formally announced Friday in a major class-action lawsuit filed against Toyota.

The suit was filed to ensure that vehicle owners who suffered financial harm due to the recall were compensated. The settlement means that anyone who sold their vehicle at a loss through trade-in and resale programs will receive money from Toyota, a number ranging anywhere between $125 and $10,000, depending on the amount of depreciation.

The settlement marks the end of one major string of lawsuits against Toyota that began in in 2010. However, the recent settlement does not represent the end of all litigation surrounding the sudden acceleration issue meaning Toyota still faces potential billions more in payouts. The recent settlement does not cover those who suffered injuries or died as a result of the defect, likely even more expensive cases.

Another part of the settlement agreement means that Toyota will have to install safety upgrades in 3.2 million vehicles. The company will also create two $250 million funds to pay owners who are not eligible for safety upgrades and those who sold their cars at a loss. The terms of the settlement agreement also means that Toyota will pay $30 million for automotive safety research regarding unintended acceleration. Finally, the company agreed to create a special customer service program that allows eligible Toyota owners to have free repairs on certain parts for the next 10 years.

Ocean Isle Beach Deck Collapse Injures 20 Vacationers :: Personal Injury Attorneys and Lawyers in Charlotte, NC

July 9, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “May I choose my own doctor in a person injury case?”

Terrible news hit papers this week as reports surfaced of a deck collapse at an oceanfront condo located in Ocean Isle Beach, North Carolina. The collapse occurred while some 25 people were gathered on the second-story deck watching the sun go down over the water.

Authorities say the deck collapse resulted in serious injuries to 20 people, one so severe the person had to be taken by helicopter to a hospital in Wilmington. Police say the injuries include broken arms, legs and ankles as well as serious cuts to the face and body. According to early reports, the condo is privately owned but used as a rental property and was rented to a couple that had friends over for the holiday weekend.

Officials say they are investigating exactly what happened and what may have led to the deck collapse, but early reports indicate that it may simply have been too much weight. When the second-story deck collapsed it gave way and fell 12 feet onto the concrete patio below. In many deck collapse cases, weight, structural insecurity, bug infestations and poor maintenance contribute to the collapse.

Local authorities, including the mayor, Debbie Smith, have said that the recent deck collapse should serve as a reason to spur a change in laws regarding deck safety. Smith says she has been fighting for years to make more stringent building standards for oceanfront decks, saying that the decks in seaside communities like Ocean Isle are frequently used by large groups and need to be stronger to reflect that increased use. Smith says that while local governments have tried to increase building codes, they have frequently found themselves stymied by North Carolina state law, which has much looser definitions for what constitutes a safe deck.

Ten Fans Injured In Camera Accident At Charlotte Motor Speedway :: Personal Injury Attorneys and Lawyers in Charlotte, NC

May 16, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

A bad accident on the Charlotte Motor Speedway took place this weekend at the Coca-Cola 600 when a heavy nylon rope that was holding a Fox Sports overhead television camera fell from the grandstands and landed on the surface of the track.

The freak accident left 10 fans at the Speedway injured and three requiring hospitalization for those injuries. Officials say that two of the fans were taken to the Carolinas Medical Center in Concord and one was taken to the University Medical Center.

Fox Sports has said that it has not been able to identify the cause of the accident and says that until it does it will indefinitely suspend the use of the camera system. The camera consists of three ropes and two guide ropes that are used to move the camera back and forth. A spokesperson says the drive rope failed and then fell to the track. Thankfully, the other ropes were able to hold the camera in place, which spared fans from even more serious injuries.

The rope even caused problems for drivers when it fell on the track and wrapped around Kyle Busch’s car. Busch said he never saw the rope itself, but did hear a very loud thud next to his right front tire, thinking maybe the tire blew out. The rope caused his car to slow down until officials delayed the race to clean the track and tend to injured fans.

Fungal Meningitis Outbreak Leads To FDA Scrutiny Of Compounding Pharmacies :: Workers’ Compensation Law Firm in Charlotte, NC

April 18, 2013 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What should I do if I have been injured by another party but I can’t afford a lawyer?”

In a worrisome press release, officials with the U.S. FDA have discovered potentially life-threatening safety issues at more than 30 specialized pharmacies across the country. The issues were uncovered after an investigation prompted by the tainted steroid medications that were found at a Massachusetts compounding pharmacy.

One frightening example was one Florida pharmacy where the FDA said it had discovered black particles in several vials of injectable medication. At another facility, inspectors found rust and mold in what were designated “clean rooms.” Still other facilities had sterilization issues or workers with tears in their gloves, all serious safety lapses that could lead to yet another deadly outbreak.

The series of inspections took place across the country over the last two or three months, the result of a major enforcement effort by the FDA that targeted small compounding pharmacies in the wake of the deadly fungal meningitis outbreak. The outbreak was caused by unsterile conditions at the New England Compounding Center and led to ore than 50 deaths and more than 700 people seriously injured.

In it’s statement, the FDA also revealed that several of the pharmacies targeted by investigators at first refused to grant access to the FDA, refusing to allow entry to their facilities or to view their records. Eventually the FDA prevailed, but the episode highlighted not only the deficiencies that exist in some operations, but the real challenge the agency must overcome at those facilities where cooperating with regulators is clearly not a priority.

Supreme Court Strikes Down North Carolina’s Medicaid Reimbursement Law :: Personal Injury Law Firm in Charlotte, NC

March 23, 2013 | AS Personal Injury Lawyers

A recent Supreme Court decision concerning a disabled North Carolina girl was recently handed down. The case, North Carolina Department of Health and Human Services v. E.M.A., resulted in a 6-3 ruling that struck down a law allowing North Carolina officials to seize one-third of medical malpractice settlements won by Medicaid patients. The ruling affects not only North Carolina, but also other states that also use similar rules to reclaim portions of individual medical malpractice awards.

The Court wrote that federal Medicaid law prevents states like North Carolina from claiming such a large share of med mal awards. The purpose of the claim in the first place is to allow states to reimburse themselves for Medicaid money they spent on individuals who later went on to collect sizable sums. The Supreme Court decided that the amount contained in the North Carolina law was unreasonable and arbitrary. Justice Anthony Kennedy, writing for the majority, said that North Carolina law acts as a one-size fits all approach and does not take into account individual circumstances.

In the case of the North Carolina family, which we previously discussed here, it means that they will be able to keep more of the $2.8 million awarded to Emily Armstrong in a recent medical malpractice case. Emily, who is only 13-years-old, was born with serious disabilities and requires constant care. The girl was diagnosed with cerebral palsy soon after her birth and is blind, deaf and mentally handicapped. The family sued her obstetrician, claiming that his history of drug abuse led to mistakes during the birthing process. The case was settled for millions which set in motion the recent Supreme Court case.

North Carolina officials caught wind of the big settlement and went after the Armstrongs for a cut of the money. The state said it spent more than $1.9 million in Medicaid funds paying for Emily’s medical care and that it should be allowed to try and recoup some of that money. The state then put a lien on $933,333.33, exactly one-third of the settlement.

E. Coli Outbreak At North Carolina State Fair Leads to $500,000 Lawsuit :: Personal Injury Lawyers and Attorneys in Charlotte, North Carolina

March 19, 2013 | AS Personal Injury Lawyers

According to a recent article by WBTV, the family of a child who was hospitalized due to an E. coli outbreak has now filed suit against the North Carolina State Fair.

We discussed the case late last year and since that time the family of the 3-year-old boy gathered important information before filing their suit against the North Carolina Department of Agriculture and Conservation.

The lawsuit was filed before the North Carolina Industrial Commission last week and claims that the boy’s injuries were the direct and proximate result of negligence by the State of North Carolina. Specifically, the suit alleges that North Carolina owed a duty to the claimant, his family and the public at large to keep the State Fairground safe.

The family of the young boy says that the State failed to keep the fairgrounds safe by not sufficiently cleaning the animal holding areas inside the main building on the site. The public was put at serious risk because of the multiple surfaces in the building that had E. coli present and the fact that the State encouraged the public to eat and drink inside the building, making use of those contaminated surfaces. The state also failed to provide a sufficient number of hand washing stations for the public. The family’s attorneys pointed out that the state even failed to live up to its own specific guidelines about proper disposal of animal waste.

The little boy’s family is still hurting from the incident back in 2011. They have found themselves saddled with massive hospital bills and have already depleted their savings account trying to pay medical bills that continue arriving every day. Given the financial harm suffered by the family and the physical harm suffered by the boy, they are asking that the state be responsible for paying $500,000.

CDC Names Fishing Industry, Specifically North Carolina Shrimp Fleet, Most Dangerous Occupation :: Workers’ Compensation Law Firm in Charlotte, NC

February 28, 2013 | AS Personal Injury Lawyers

A recent report issued by the U.S. Centers for Disease Control and Prevention named an industry popular in North Carolina the most dangerous occupation in the country.

The report, part of the CDC’s Morbidity and Mortality assessment, said that the commercial fishing industry has the highest occupational fatality rate in the U.S. The numbers are so astounding that those in the commercial fishing business have death rates 35 times higher than the rate for an ordinary U.S. worker.

Between 2000 and 2009 a total of 504 commercial fishermen were killed on the job. Of this number, 51% died by drowning due to the sinking of their vessels. Thirty percent of commercial fishing deaths were from falls overboard and another 10% occurred due to injuries sustained on-board fishing boats.

These on-board injuries are the ones that most commonly impact workers from North Carolina. According to the report, common on-board injuries include entanglement in machinery while using winches. Use of these winches occurs most frequently in the Southern United States on vessels used to haul in shrimp.

The CDC specifically explored the Southern shrimp fleet and found that in the past decade eight people died and another 27 were serious injured in work-related accidents that involved on-board winches. The Southern shrimp fleet is based primarily in the Gulf of Mexico, but has another major location off the Atlantic coast of North Carolina and employees hundreds of North Carolina fishermen.