Personal Injury

North Carolina Employees Face Tough Road To Bring Court Case Against Employers :: Personal Injury Attorneys and Lawyers in Charlotte, NC

February 26, 2013 | AS Personal Injury Lawyers

Earlier this year the North Carolina Court of Appeals overturned a $450,000 jury award to a former Goodyear Tire employee for negligent infliction of emotional distress. The Court of Appeals said that the trial court lacked subject matter jurisdiction to hear the case. The ruling demonstrates just how difficult it can be for employees to seek recovery for workplace injuries through the court system rather than through the North Carolina Industrial Commission.

The suit, Shaw v. Goodyear Tire & Rubber Co., was launched after Lashanda Shaw sued her former employer for mishandling complaints based on workplace harassment. Shaw alleged a supervisor was rude and aggressive towards her and frequently engaged in harassing and intimidating tirades. Despite repeated complaints to human resources personnel, the supervisor remained in his position and continued harassing her.

The jury who heard the case agreed that Shaw had suffered severe emotional distress caused by Goodyear and that the company failed to intervene to stop the harassment. The jury decided Shaw was entitled to $450,000 in compensatory damages as a result of the harm she suffered.

Unsurprisingly, Goodyear appealed the decision and argued that there was no jurisdiction for the lower court to hear the case. Goodyear claimed that her negligent inflection of emotional distress claim amounted to an “accident” that should be heard only according to the terms of the North Carolina Workers’ Compensation Act. The North Carolina Court of Appeals agreed.

The Problem With Secret Settlements :: Personal Injury Lawyers and Attorneys in Charlotte, Mecklenburg County, NC

February 12, 2013 | AS Personal Injury Lawyers

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Everyone’s heard of confidentiality agreements; those documents you sign agreeing not to disclose certain important bits of information. What people may not realize is just how often such confidentiality agreements are employed in North Carolina to keep critical information regarding medical malpractice or dangerous devices or drugs from going public.

The agreements, which help ensure that settlement stay secret, often only work to the benefit of the doctor, hospital or manufacturer responsible for causing devastating harm. The victim of the negligence receives next to no benefit from such agreements. Even more disturbing is how they can be used to shield the public from important information about dangerous practices or products.

A recent case involving a North Carolina mother who’s young son died due to negligence among the hospital staff where he was taken after falling ill highlights just how rarely such cases make news. The woman was told to sign a confidentiality agreement to receive her settlement and that the whole case would go away if she did. She refused, saying she wanted the public to know about the medical safety issues that led to her son’s death.

The mother’s decision to speak out and not sign the confidentiality agreement is very rare. The majority of such lawsuits in North Carolina end with the victim signing an agreement promising not to reveal important information in exchange for a set amount of money.

The danger of this approach is that, for example, in the case of a defective product, if all those injured sign a confidentiality agreement and the company is able to settle the cases quietly, then the public will never be made aware of the problems associated with the dangerous product, depriving other potential future victims of the chance to safeguard their families.

A real world example of this is the case of the faulty Firestone tires. Years before the nationwide recall was announced, the company began settling cases involving the failing tires on Ford SUVs and made sure each plaintiff signed confidentiality agreements. These dangers were thus not revealed until much later, something that experts say led to 270 additional deaths.

Number Of ER Visits Related To Energy Drinks Doubles In Four Years :: Personal Injury Law Firms in Charlotte, North Carolina

February 5, 2013 | AS Personal Injury Lawyers

According to recently released data from the U.S. Substance Abuse and Mental Health Services Administration, the recent surge in popularity of energy drinks have led to a corresponding surge in emergency room visits. The popularity of the caffeinated drinks caused the number of ER visits associated with consumption of the beverages to double between 2007 and 2011.

The typical person affected by the energy drinks was unsurprisingly a teenager or young adult. People between the ages of 18 and 25 accounted for most of those admitted to emergency rooms. The next largest group was those between 26 and 39. Alarming to some researchers was the boom in admittances associated with those over the age of 40. ER visits by those older than 40 increased by a massive 279 percent during those four years, from 1,400 to 5,200 ER.

Males were more likely to be admitted for problems associated with the energy drinks, with men accounting for two-thirds of ER visits during that four-year span. Despite this, the number of women admitted after consuming energy drinks doubled during the same time span, indicating a steep rise in female interest in the drinks.

Data showed that while a little over 40% of the ER visits involved energy drinks mixed with other substances, the majority, 58%, were for energy drinks alone. Of those instances involving other substances, alcohol was the most commonly seen. After that, prescription drugs such as Ritalin and Adderall were also found.

The problem with energy drinks is the vast amount of caffeine and other stimulants contained in the beverages. Caffeine acts as a stimulant to both the cardiovascular and central nervous system. This means that the drinks can cause a major increase in heart rates and drive up blood pressure to dangerous levels in certain cases. According to one cardiologist, for those with underlying heart conditions, the drinks can quite literally be deadly.

Auto Deaths Rise In 2012 For First Time In Eight Years :: Personal Injury Lawyers and Attorneys in Charlotte, North Caroilna

January 29, 2013 | AS Personal Injury Lawyers

According to statistics released by the National Safety Council, the number of traffic deaths across the country increased by around 5% last year. Tragically, the increase in traffic deaths would make for the first time the number of road fatalities has increased in eight years.

The group said that last year 36,200 people died in auto accidents on the nation’s roadways. The number of people injured enough in such accidents to require medical attention also rose by a corresponding 5%, reaching an astonishing 3.9 million people. The financial toll of auto accidents is also significant, with billions wasted in lost wages, lost productivity, hospital bills and property damage. The estimate was that in 2012, expenses associated with auto accidents rose to $276.6 billion.

These numbers are slightly better than the ones released by the National Highway Traffic Safety Administration in December. Those numbers showed that for the first nine moths of 2012, traffic deaths had risen 7.1%. This 7.1% increase was the largest increase in traffic fatalities since 1975; the year the NHTSA began collecting such data.

The National Safety Council has pointed to an increase in teen driving deaths and deaths due to distracted driving as being partially to blame for the increase in road deaths. The organization says it must be a priority by Congress and state legislatures to address such safety issues to ensure that 2013 does not see a similar increase in road deaths.

New Crosswalk System In North Carolina Aims To Reduce Pedestrian Deaths :: Personal Injury Attorneys and Lawyers in Charlotte, North Carolina

January 24, 2013 | AS Personal Injury Lawyers

According to a recent report out of Raleigh, NC, pedestrians can expect some changes the next time they try to cross the street. One stretch of Hillsborough Street, a busy road through the Research Triangle, along with a few other heavily trafficked roads, now have newly installed buttons that clearly say “Wait” before it’s time to cross rather than the typical chirping crosswalk signs.

Safety experts say the changes are being made to help reduce instances of distracted walking. Experts are hoping that the crystal clear message on the crosswalk signs helps pedestrians pay closer attention before they cross the street. The different speed beeping noises previously used at the intersection did little to prevent occasional jaywalking. The hope is the new crosswalk system will help pedestrians stop putting themselves in danger by ignoring crosswalks or walking while being absorbed by other technology.

The changes have been implemented in the Research Triangle given its reputation as a notoriously dangerous place for pedestrians. According to a recent report, 400 pedestrians are hit and injured by drivers in the Triangle each year. Wake County manages to rank second in the state for the number of collisions each year involving pedestrians. First place, sadly, belongs to Mecklenburg County.

The new crosswalks are part of a campaign launched late last year called “Watch For Me NC” which is so far focused on communities in the Triangle area. The program works with the National Highway Traffic Safety Administration to help reduce the number of pedestrian injuries.

NC Highway Patrol Warns Drivers To Watch For Those On Roadsides :: Car Wreck Lawyers and Attorneys in Charlotte, North Carolina

January 17, 2013 | AS Personal Injury Lawyers

It’s tragic that data shows more than 150 police officers have died since 1999 after being hit by passing vehicles on roadways across the United States. The numbers, recently released by the National Law Enforcement Officers Memorial Fund, serves as a painful reminder of how much police officers sacrifice to keep others safe.

WBTV reports that the North Carolina Highway Patrol is taking this opportunity to impress upon residents of the state how important it is to abide by the Move Over law, especially when emergency vehicles are stopped on the side of the road.

North Carolina is one of 43 states to enact such legislation. North Carolina implemented its version of the law in 2002. Though the law is now more than a decade old, many drivers remain unaware of it. According to recent polling, some 71% of Americans have never heard of “Move Over” laws. This despite the fact that 86% of those responding to the survey say they support enacting such legislation.

North Carolina’s law was designed to help curb the numbers of deaths suffered not only by police officers, but by other emergency responders and even civilians who were stranded on the side of the interstate. North Carolina’s law requires drivers to slow down and approach cautiously when an emergency vehicle is stopped on the shoulder of the roadway with its lights flashing. Motorists are required to move over to another lane away from the emergency vehicle on a multi-lane highway or slow down on a two-lane highway assuming they can do so safely.

North Carolina Train Derailment Leads to Chemical Spill and Evacuation :: Personal Injury Lawyers and Attorneys in Charlotte, NC

January 15, 2013 | AS Personal Injury Lawyers

According to a recent Associated Press report, a terrible train crash in eastern North Carolina led to an entire town being evacuated as toxic chemicals were released into the surrounding area.

Authorities say that an evacuation order was issue for between 300 and 400 residents of Bladen County, NC after a CSX train derailed around 3:30 in the afternoon on Saturday. The train was carrying several chemicals, including some cars that were full of ammonia. As the CSX train was crossing a small bridge above a creek the structure gave way and at least 10 train cars fell into the stream.

Emergency responders realized that the overturned train was carrying toxic chemicals and that one of the derailed cars contained ammonia. Ammonia is a potentially explosive substance that can cause serious respiratory problems to those exposed. Given the risks associated with the chemicals, police evacuated hundreds of residents in close proximity to the crash site.

The evacuation order has since been lifted after CSX’s hazardous materials team determined the area was safe. The transport company says it intends to pump out the ammonia from the damaged car over the coming days and that residents in the area will be safe.

Personal Injury Attorneys and Lawyers in Charlotte, NC :: Chemical Spill Leaves One Worker Dead and Two Others Injured in Paper Plant

January 10, 2013 | AS Personal Injury Lawyers

Sad news out of York County today after it was revealed that one person is dead and another two were injured at a paper plant just south of the Charlotte metro area.

The terrible workplace accident took place around 1:30 in the morning on Tuesday of this week at the Resolute Forest Products plant in Catawba. The plant is located along Highway 5 near the Lancaster County, border.

Emergency Management officials in the county told WBTV that three contractors were doing maintenance on a decommissioned tank outside the main production area when an accident happened. The official said he believes that some type of chemical leaked into the tank while the men were still inside of it.

Two of the men were able to escape the tank but the third man was not so lucky and died. One of the two who escaped suffered serious injuries and had to be taken to a local hospital to receive treatment.

An investigation of the plant and the accident have been turned over to the state’s Occupational Safety and Health Department. Local law enforcement officials will help in the Department of Labor’s investigation and in piecing together what exactly went wrong.

The same plant saw a serious injury back in May of last year when a worker was severely burned and three others were injured after a chemical leak in a different part of the paper plant. The chemical, known as white liquor, was used to process wood chips and ended up burning the four employees after it leaked out of its holding area.

Personal Injury Lawyers and Attorneys in Charlotte, NC :: NASCAR May Be Next Organization to Worry About The Risks of Concussions

January 8, 2013 | AS Personal Injury Lawyers

Despite reports that NASCAR driver Dale Earnhardt Jr. suffered a serious concussion last year, the organization has said it will not require that cognitive testing be done for drivers in 2013. However, the group did not rule out baseline cognitive tests for 2014 as it said it would continue to evaluate its procedures.

The famous driver suffered a concussion after a crash that took place at the end of August last year at the Kansas Speedway. Earnhardt suffered from some concussion symptoms after the crash but it has been revealed that he never had any follow-up exams. Perhaps worst of all, Earnhardt immediately returned to the regularly scheduled season and continued racing despite the brain trauma. He was then injured again and suffered a second concussion in a wreck that took place during the final lap of an early October race at Talladega Superspeedway.

This risk of re-injury is what can compound the effects of a concussion and lead to severe problems down the road. The doctors were sufficiently concerned after his second concussion and ordered him to sit out of races over the next two weeks. NASCAR officials claim they never knew about either concussion until Earnhardt revealed them after his second injury.

An official with NASCAR says the organization is still gathering information about concussions and is not yet prepared to release a policy regarding any new procedures. Rather than require baseline testing now, NASCAR intends to start by educating drivers about the dangers of brain injuries. Whether this will be enough to prevent other drivers from suffering the same injuries that have occurred in those who play professional football remains to be seen.

Personal Injury Lawyers and Attorneys in Charlotte, Mecklenburg County, North Carolina :: New Medicare Reimbursement Regulations May Result in Better Care For Hospital Patients

January 1, 2013 | AS Personal Injury Lawyers

In a bit of good news for hospital patients in North Carolina, the federal government’s new reimbursement procedures may help to force doctors to provide better care. New Medicare regulations that began at the end of last year are designed to reduce payments to those hospitals with higher-than-expected readmission rates for heart failure, heart attack and pneumonia. The penalties could be big enough to cost some hospitals millions of dollars and will likely send a clear message to physicians that caring for patients properly the first time around is of the utmost importance.

Though the penalties only apply to a limited set of conditions, this is expected to change to include several other serious health conditions. Hospitals will then have a real incentive to work hard to reduce the number of patients who have to return soon after a discharge, a widespread problem that has yet to be properly addressed.

Experts in the medical field suggest a lack of coordination among healthcare providers is to blame for the high rate of readmissions. Hospitals often fail to identify which patients are at a high risk for complications, which leads to large numbers returning for further medical treatment. Minimal help for patients who have to make the transition from hospital to home is also to blame.

These hospital readmissions are not only costly in terms of unnecessary pain and even death for innocent patients, but financially costly as well. The Center of Medicare and Medicaid Services (CMS) estimates that such readmissions cost the government nearly $26 billion a year. The CMS has said that hospitals need to implement better discharge planning, more home-based follow-up procedures and provide quality patient education.