Articles Tagged with contributory negligence

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What is the harm of being on social media when trying to settle an injury claim?”

A 2016 research study by The Pew Research Center estimates that over 65% of adults in the United States use some form of social media. With the number of applications available on a smart phone, tablet, or computer, that is not a surprise. Everyone is excited to check in with their followers and update them on what is happening in their lives. Social media helps people connect with others all across the country, and even the world, whom they might otherwise not have met or been able to keep in steady contact with. While social media becomes more popular, it is essential to evaluate the impact it has on other parts of life. Social media can play an important role should you be involved in a personal injury suit. Social media can be beneficial to a plaintiff’s case, but it can quickly turn into a detriment.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “How do worker comps payments work?”

We all know that in personal injury cases, settlement is a common end result. Though there are lots of reasons why this is the case, a big one is the degree of uncertainty on both sides. No one knows for sure how a jury may find, no matter how strong the case may appear in advance. The reality is that going to trial is inherently risky. Settling helps reduce that risk, ensuring you walk away with something, even if it is not what you may have hoped for.

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Personal injury Lawyer Matt Arnold answers the question: ” I have been injured on another person’s property. What should I do now?”

Given the recent winter weather across not only North Carolina, but 49 of 50 states (Florida is the only one without any snow on the ground, even Hawaii has something), the potential for slipping and falling has increased rather dramatically. Studies have shown that more accidents happen in the winter and property owners are often especially worried about the possibility of someone hurting themselves, fearing liability for the injuries that result from an unsuspecting accident. How does this work when it comes to snow and ice? Are the property owners always on the hook?

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Charlotte Personal Injury Attorney Matt Arnold answers the question: How does the law of contributory negligence play a role in my case?

A Raleigh News & Observer reporter recently wrote a column about his personal experience with North Carolina’s “rigged system” of contributory negligence. The overall humorous tone of the article was undercut by his obvious frustration with the reality of North Carolina’s still being one of four (4) states that still uses the rule of pure contributory negligence.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What is the harm of being on social media when trying to settle an injury claim?”

In a ruling that has vendors of alcoholic beverages shifting nervously in their seats, a divided court of appeals ruled this month that a dram shop lawsuit against an Asheville resort for the death of a Charlotte woman can proceed.

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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?”

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.

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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?”

A recent crash involving the new Charlotte trolley system illustrates an important but often misunderstood aspect of North Carolina personal injury law. Though many people assume that when you’ve been injured in an accident caused by someone else you can simply sue to receive compensation for your damages, regardless of whether you as the victim may be somewhat responsible for the accident. In North Carolina, the personal injury laws make it impossible for a victim to sue the person that caused the harm if the victim is found to be at fault in any way for the accident.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “The insurance adjuster is saying I am partially negligent what does that mean?”

 

The owner of an Ohio dance franchise will have to defend against a lawsuit brought by angry customers on its own after its insurer successfully denied coverage under two insurance policies.

Auto owners insurance Charlotte Injury Lawyer North Carolina Wrongful Death AttorneyPeggy and Rick Lavinsky prepaid Christopher Cloud and his Fred Astaire Dance Studio a whopping $500,000 for ballroom dancing lessons, coaching, dance camps and other services. In December 2010, after Cloud abruptly closed the studio without providing notice to students, the Lavinskys sued, asserting claims under Ohio’s consumer protection laws and alleging fraud and negligent infliction of emotional distress.

In their lawsuit, the Lavinskys named Fred Astaire Dance System in Ohio, G & K Management Services, Inc., G & K’s president Guy Schiavone, and In Time LLC as defendants. G & K owned the Fred Astaire Dance System franchise. Cloud, who ran his own dance studio—In Time—became a Fred Astaire franchisee in 1990.

G & K and Schiavone were the named insureds under an insurance policy issued by Auto-Owners Insurance Company, and they were also “additional insureds” under an Auto-Owners policy issued to In Time.

When Auto-Owners told G & K that it would not defend the company against the Lavinskys’ claims, G & K brought an action against Auto-Owners seeking a declaration that the insurance company had a duty to defend G & K in the Lavinskys’ lawsuit.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

 

The State of Maryland’s first-ever ordained female Episcopal Bishop is in the news over the holidays for all the wrong reasons.Damaged bicycle Charlotte Mecklenburg Injury Lawyer North Carolina Wrongful Death AttorneyHeather Elizabeth Cook is the second-most-powerful officer in the Episcopal Diocese of Maryland. The diocese confirmed on Sunday that Cook was behind the wheel of a Subaru that sustained damage in a “massive impact” with 41-year-old custom bicycle builder Tom Palermo. Palermo was riding a bicycle when Cook’s vehicle collided with him.

Palermo was killed in the accident. Cook initially fled the scene, but returned about twenty minutes later to take responsibility for the accident. The diocese insisted that since Cook returned to the scene, the accident was not a “hit-and-run.”

Lora Peters, a cyclist who encountered Palermo after the crash, said Palermo was still alive when she found him. Peters said Cook may have been able to help Palermo or to call for help if she had remained on the scene. A local biking advocacy group, Bikemore, released a statement alleging that “the driver of the car involved initially fled the scene, leaving Tom to die on the street.”

Cook has not released any public statements about the accident, however the Episcopal Diocese has revealed that she has been suspended from her post because she may be facing criminal charges related to the accident.

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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?”

 

Madison County, Illinois accounts for .08-percent of the nation’s population, but the tiny county just east of the Mississippi River accounts for 25-percent of asbestos lawsuits in the United States.

Demolition Mecklenburg Injury Attorney North Carolina Accident LawyerCritics allege that personal injury attorneys have had “cozy relationships with Madison County judges,” which has turned Illinois into “a haven for frivolous lawsuits.”

The Madison Record has reported that 90-percent of plaintiffs who file asbestos-related lawsuits in Madison County do not live or work in the county. On a recent day, 181 asbestos-related lawsuits were set for trial. Only one of the plaintiffs named in the lawsuits lived in Madison County.

The Record reports that “in one memorable instance,” a judge was given $30,000 in campaign funds by asbestos law firms a few days after the judge gave the firms coveted trial dates for upcoming court sessions.

Personal injury lawyers and their allies stepped up their game during the Illinois legislature’s recent fall “veto session,” a session controlled by a lame-duck legislature taking action on vetoes issued by a lame-duck Governor. Governor-elect Bruce Rauner has promised to make lawsuit reform a top priority when he takes office next year.

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